A0 442 (Rev. 10/03) Warrant for Arrest United States District Court MIDDLE DISTRICT OF TENNESSEE (NASHVILLE DIVISION) UNITED STATES OF AMERICA V. CRIMINAL COMPLAINT MATTHEW DEHART Case Number: 10?4062 SB 1, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge and belief. Between on or about January 1, 2008 and on or about August 31, 2008, in Williamson County, in the Middle District of Tennessee defendant did, knowingly employed, used, persuaded, induced, enticed, and coerced a minor to engage in sexually explicit conduct for the purpose of producing any Visual depiction of such conduct, knowing or having reason to know that such visual depictions would be transported in interstate commerce in violation of Title 18 United States Code, Section(s) 2251(a1 . I further state that I am a Detective with the Internet Crimes Against Children (ICAC) Task Force of the Franklin Police Department and that this complaint is based on the following facts: See Attached Af?davit I Yes No in Continued on the attached sheet and made a part hereof: Signature of Complainant Brett A. Kniss, Detective ICAC Task Force, Franklin Police Department Nashville. Tennessee Sworn to me and subscribed in my presence, at City and State August 6. 2010 Date John S. Bryant, United States Magistrate Judge I Name Title of Judicial Of?cer Wm of Judicial Of?i@? Case 3:10-cr-00250 Document 1 Filed 08/06/10 Page 1 of 9 PageID 1 AFFIDAVIT OF BRETT KNISS Internet Crimes Against Children Tas_k Force Franklin Police Department Brett A. Kniss, being ?rst duly sworn on oath, states as follows: 1. I ma detective assigned to the Internet Crimes Against Children (ICAC) Task Force with the Franklin Police Department. I have been with the Franklin Police Department since 1999. 2. This af?davit is submitted in support of a Criminal Complaint for the arrest of MATTHEW DEHART, for the following offense: between on or about January 1, 2008 and on or about August 31, 2008, in the Middle District of Tennessee and elsewhere, MATTHEW DEHART knowingly employed, used, persuaded, induced, enticed, and coerced a minor to engage in sexually explicit conduct for the purpose of producing any Visual depiction of such conduct, knowing or having reason to know that such visual depictions would be transported in interstate commerce. 3. The following information contained in this af?davit is based on my training and experience, my personal participation in this investigation and information provided to me by other law enforcement of?cials. Unless otherwise indicated, where I have referred to written or oral statements, I have summarized them in substance and in part, rather than verbatim. Not all of the facts of the investigation known to me are contained herein, only those necessary to establish probable cause for the arrest of MATTHEW DEHART. 4. On January 9, 2009, I interviewed two individuals who lived in Franklin, Tennessee about the solicitation of their minor son (hereinafter Minor who is fourteen years of age, and their son's friend (hereinafter Minor who is sixteen years of age. Through an online game, World of Warcraft, which uses live Internet chat, these two victims met an individual by the name of Matthew DeHart, whom the boys believed was 16 years of age. DeHart represented himself as being in New York. The parents of Minor #1 had recently discovered sexually explicit photographs on their son?s cell phone, and they later learned that these pictures were sent to DeHart and individuals in Indiana whom DeHart represented as being teenage females. 5. During independent child forensic interviews, both minor victims disclosed that on separate occasions, DeHart had asked each boy to send a picture of his penis to DeHart and to an email account that DeHart stated belonged to some teenage female girls in Indiana. The victims disclosed that the suspect had sent several pornographic images to each of them on separate occasions. Each victim stated that the suspect had driven to Franklin, Tennessee to meet with them on several occasions to bring them gifts. One of the minor victims disclosed that the suspect had provided him with beer and Adderol. On another occasion, that victim skipped school to go with DeHart to an indoor shooting range in another town. DeHart had brought his own guns and provided the minor victim with a gun to use at the indoor range. Case 3:10-cr-00250 Document 1 Filed 08/06/10 Page 2 of 9 PageID 2 6: After getting consent to examine the minor victims' computers,1 conducted a computer forensic examination of each ofthe computers. 1 recovered short video clips ofMinor#1 in which he was masturbating 1 also recovered chat logs and seveml email addresses used by Del-Ian to communicate with the minor victims over the Internet, including some email addresses to which the minor Victims had sent nude photographs of themselves. The chat logs clearly indicated that DeHart had knowledge of the nude photographs and that Minor #1 had sent them to an email account allegedly belonging to female girls in Indiana: [21:45] DeHart: cant ask [21:45] for dickpix [21:45] DeHarI: cause I've already seen it [21:45] Deliarr: so that is kinda [21:45] DeHan: arrtlae table [21:45] Del-lam LOL [21:47] Minorttl: ifl don't get avideo for having a guy and girl see my dick im gonna be pissed off 7, The chat conversations between Minor" and apurported teenage female horn Indiana indicated that Minor #1 was enticed to send the videos of himself masturbating. The following is an excerpt from one of the chat conversations: [22:07] (alleged female from Indiana): okay in -rriend and we leu it out her guys [22:07] (alleged female from Indiana): but only hot ones [22:07] Minor thats [22:07] Minor crazy [22:07] (alleged female from Indiana): yeah know whats more crazy? [22:08] Minor other than you thinking im hot [22:08] Minor what [22:08] (alleged female from Indiana): you can make me a vid like ll did for her [22:08] (alleged remale from ludiana): and in return [22:08] (alleged female from Indiana): get a vid of us 69ing [22:08] (alleged female from Indiana): we decided on it [22:09] Minor thaIs [22:09] Minor :41: a fairly good deal ifyou ask me [22:09] (alleged female from Indiana): yes well she lost your videos anyways and I don't have hue and 1 love your body [22:10] (alleged female from Indiana): good well I need this video like tonight [22:10] (alleged female from Indiana): and I can do mine tonight/tomorrow morning [22:1 1] Minor actually.. [22:11] Minor how bout [22:11] Minor#1: lhaveavid Case 5:10:cr:00250 Document 1 Flled 08/06/10 Page 3 of 9 PagelD it: 3 -- [22:12] (alleged female from Indiana): '1 [22:12] Minor that I havent sent to - yet she said she wanted one [22:12] (alleged female {rum Indiana): I saw all the ones it showed her tho [22:12] Minor and I didnt give it to her yet [22:12] (alleged female from Indiana): its new? [22:12] (alleged female from Indiana): how good is it? [22:12] Minor its like 9 or 10 mins bvut its cell cam [22:12] (alleged female from Indiana): details please [22:12] Minor just me jerking off. simple [22:12] (alleged remnle from Indiana): how much cum? [2213] Minor an; ill do another one ifyou give me yours first [22:13] Minor um above average [22:13] (alleged female from Indiana): kay well send me this cell thing [22:13] (alleged I'elnale tron: Indiana): here on aim is fine 8. Minor #1 told me about a video that one of the alleged females had sent to him, and the minor victim told me where to find this video on his computer. I did locate the video. which showed what appeared to be a minor female masturbating herself on a bed. 9. DeHart was identified tluough various investigative databases and was determined to be a 24 year old male located in Newburglh Indiana. DeHarl was positively identified by one of the Victims through a photo lineup. All of the email addresses and the IP addresses used to send the messages were associated with DeHart. 10. Although a records check indicated that the IP addresses for the email accounts of the alleged teenage females had not been retained due to the time lapse between the incident and the report to law enforcement, the creation dates of those accounts are within the time period that the chat conversations took place. I l. The FBI Office in Evansville. Indiana executed a Indiana State Search Warrant at Del-Ian's residence in January of 2010. They sent me a copy of the seized digital evidence for forensic analysis. During my forensic analysis. I have recovered several evidentiary chat messages between Victim #1 and Del-Ian. Below is a recovered chat fragment between DeHart and Minor In this chat conversation, Del-Ian is portraying himself to be a teen-aged female who is enticing the minor to trade videos of himself masturbating {or videos of what the victim believes are ota teen-aged female performing various sexual acts. Session Start -- Sun May 18 14:28:28 2008 [14:28] Minor [Offline IM sent 2m ago] [14:28] Suspect: hello? [14:28] Minor hi Case 5:1Orcr700250 Document 1 Flled 08/06/10 Page 4 of 9 PagelD it: 4 -- [14:28] Minor [14:29] Suspect: [14:29] Minor [14:29] Suspect: [14:29] Suspect: [14:29] Minor [14:29] Minor [14:29] Minor [14:29] Suspect: [14:29] Minor [14:30] Minor [14:30] Minor [14:30] Suspect: [14:30] Minor [14:30] Minor [14:30] Suspect: [14:30] Minor [14:31] Suspect: [14:31] Minor [14:31] Minor [14:31] Minor [14:31] Suspect: [14:31] Suspect: [14:31] Minor [14:31] Suspect: [14:32] Minor [14:32] Suspect: [14:32] Minor [14:32] Minor [14:32] Minor [14:32] Minor [14:32] Minor [14:32] Minor [14:33] Suspect: [14:33] Minor [14:33] Suspect: [14:33] Minor [14:33] Suspect: [14:33] Minor [14:34] Minor [14:34] Minor Case 3:10-cr-00250 Document 1 whats up not a lot where did my font go it died okay better now whats up hah. not much sore why ran a 5K yesterday and then was running around a neighborhood I didnt know liked to run for like 2 hours yea. I do. so did want the rest of that movie how badly? badly enough. oh come on. lol okay well.. I want one more from 11 cause that other one was in like 4 parts I want it all one part or 2 max actually fuck it I just want a new one just merge them lol 0mg my font your font hates you yea but I liked the first one so much I want one more tell you what you said youd give me two I don?t even care about the second give me the ?rst and ill trade you another in one part for one of urs mine was much better quality they were almost equal and it ends way more graphic and I did make another one in the tub I just havent xferred it on my computer oh no urs was so blurry im sorry 101 ill trade you another one for the one in the tub just give me what we agreed on Filed 08/06/10 Page 5 of 9 PageID 5 [14:34] Suspect: [14:34] Suspect: [14:34] Suspect: [14:35] Minor [14:35] Suspect: [14:36] Suspect: [14:36] Suspect: [14:36] Minor [14:36] Minor [14:36] Suspect: [14:36] Minor [14:37] Suspect: [14:37] Minor [14:37] Minor [14:37] Suspect: [14:37] Suspect: [14:37] Minor [14:37] Suspect: [14:37] Minor [14:37] Minor [14:37] Minor [14:37] Suspect: [14:37] Minor [14:38] Minor [14:38] Minor [14:38] Minor [14:38] Minor [14:38] Suspect: [14:38] Suspect: [14:38] Suspect: [14:38] Minor [14:38] Minor [14:38] Minor [14:38] Minor [14:38] Suspect: [14:38] Suspect: [14:39] Suspect: [14:39] Minor [14:39] Suspect: [14:39] Minor [14:40] Minor [14:40] Minor Case 3:10-cr-00250 ill send the rest of it then send me a new one then ill send the tub yes. okay hold on the end of mine is so graphic can make urs more graphic there arent many things I can do lol just being honest like some humping your hand too and like wait sure don?t have a camera? I might be able to use one this time but how about we ?nish this ?rst 10] kay so swear right after get this youll make another one wont like he OH I cant right now hb tomorrow I swear. okay but I will tell you if you wait like a week ill cum a lot more whens the last time cummed like last night lol boner well this doesnt have to be the last time we do this just make this pretty im not waiting a week 101 Ok but I wont cum much not my fault thats okay just make it sexy is it working? Yup so tell me what will do what do you want 101 Document 1 Filed 08/06/10 Page 6 of 9 PageID 6 [14:40] Suspect: [14:40] Minor [14:40] Minor [14:40] Suspect: [14:40] Minor [14:40] Suspect: [14:40] Minor [14:41] Suspect: [14:41] Suspect: [14:41] Minor [14:41] Minor [14:41] Suspect: [14:41] Suspect: [14:41] Minor#1: [14:42] Suspect: [14:42] Minor [14:42] Suspect: [14:42] Suspect: [14:43] Minor [14:43] Minor [14:43] Suspect: [14:43] Suspect: [14:43] Minor [14:43] Minor [14:43] Suspect: [14:44] Suspect: [14:44] Minor [14:44] Minor [14:44] Minor [14:44] Suspect: [14:44] Minor [14:44] Suspect: like what position will be jerking off in? same. lying down if you couldnt tel] lmao I could tell! making sure how will use a better cam then I can manage show your face too or at least a lil more of my face is in the beginnin of mine and then I bend over at the end it is? I didnt see ur face should be the camera like spun around thought I got it a lil its weird ?liming ur like expressions when make a vid like that feels dirty lmao lol so how long do think this will take 11 took like 34536 minutes to send urs last time itll have to be tonight 101 just said youd do it right after this just swore right after? well I might be able to its not a big deal 101 Suspect: wont like be OH I cant right now hb tomorrow Minor #1 I swear. yeah it is a big deal.. yeah I know I swore my parents are kinda home I do it now it wont be any any good at all I cant lock my door fine when tonight? like 10 ur time prolly swear and it will be good? [14:44] Minor #1 has received Moviewmv. [14:44] Suspect: [14:45] Minor [14:45] Minor [14:45] Suspect: Case 3:10-cr-00250 Document 1 drink a lot! 101 itll be good okay I kept my part Filed 08/06/10 Page 7 of 9 PageID 7 [14:45] Minor yes ill be fair [14:45] Suspect: tub is better .ud its bright [14:45] Suspect: don't ask me where I got that sex toy [14:45] Minor k. [14:45] Suspect: and don't like jerk off now [14:45] Suspect: and waste your cum Wont hahaha [14:46] Suspect. nkay what time should 1 be on to get your vid? [14:46] Minor ill text you. Ihave texts afier 9 [14:46] Suspect: okay byebye [14:46] Minor bye Session Close (Minor Sun May 18 14:46:35 2008 12. I have recovered several chat conversations like this one where the suspect is portraying himself to be a teen-aged female and enticing several males to send videos of themselves masturbating. Ln some of these chat conversations, the suspect uses the same screen name that he used when chatting with the victims in my investigation. 13. [have viewed several of these videos, and the victims in these videos appear to be between the ages of 14 and 16 years of age. The investigation continues into the identity of these victims. 14. I also have found several references to both minurs during the analysis ofDeHarts digital media. Examples include as follows: i2) bored CaLl me or txt_gat phone back.txt lu: 112 first: namal'eZOlMINOR 02 LAST name) $22.53cebook. rmon My dad is Infariated but: if you need me, email me at first namelfimnor #1 LAST first name) (Minot #1 Last name 7 Google (w - - a a /<2 Ezrat: name)+ Amman 02 use name) -222 (muck first: nama)+ mines :2 name) MINOR ruse may lumen usm name) 7 Google - - - - - - - /#h1*en sq -- oogle+Search fpan BUlvPIAava.ar sf knaine Google Searchmoc.elgoo 4 a - I *7 Case 5:1Orcr700250 Document 1 Filed 08/06/10 Page 8 of 9 PagelD it: 8 (MINOR first name)+ HMINOR