Case 2:14-sw-0029 . . . . MAY 06 2011 United States District Court EASTERN OF CALIFORNIA A0 106 (Rev, 12/03) Af?davit for Search Warrant EASTERN District Of CALIFQ I In the Matter of the Search of APPLICATION AND AFFIDAVIT, FOR SEARCH WARRANT (Name, address or brief description of person, property or premises to be searched) The Premises Located at 617 Mariposa Avenue, Gerber, CA 96035; a CASE Silver Nissan Pickup Truck (CA 6L601 17); and a Grey Ford Pickup Truck(CA04453Jl 2:Special Agent Eugene Kizenko,ibeing duly sworn depose and say: I am a Special Agent with the US. Department of Homeland Security, Homeland Security Investigations, and have reason to believe that Don the person of or on the property or premises known as (name, description and/or location) 617 Mariposa Avenue, Gerber, CA 96035; a Silver Nissan Pickup Truck (CA and 3 Grey Ford Pickup Truck (CA as described in ATTACHMENT A, which is attached hereto and incorporated by reference, in the EASTERN District of CALIFORNIA there iS now concealed a certain person or property, namely (describe the person or property to be seized) SEE ATTACHMENT B, attached hereto and incorporated by reference which is (state one or more bases for search and seizure set forth under Rule 41(b) ofThe Federal Rules of Criminal Procedure) property that constitutes evidence, fruits, and/or instrumentality of a criminal offense concerning a violation of Title United States Code, Sections 1589, 1590, 1351, 1546, 1341, and 1343. The facts to support a ?nding of probable cause are as follows: SEE AFFIDAVIT, attached hereto and incorporated by reference. Continued on the attached sheet and made a part hereof. Yes [No @422,- Signature of Af?ant Sworn to before me and subscribed in my presence, 33 .7 at Sacramento, California Date I City State may, Allison Claire U.S. Magistrate Judge Signature ofludge? Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 2 of 51 THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA IN THE MATTER OF THE SEARCH OF Case No. THE PREMISES LOCATED AT 617 MARIPOSA AVENUE, GERBER, CA 96035; A SILVER NISSAN PICKUP TRUCK (CA FILED UNDER SEAL AND A GREY FORD PICKUP TRUCK (CA 04453J1) AFFIDAVIT IN SUPPORT OF AN APPLICATION FOR A SEARCH WARRANT 1, Eugene Kizenko, being ?rst duly sworn, hereby depose and state as follows: INTRODUCTION AND AGENT BACKGROUND 1. I make this af?davit in support of an application for a search warrant authorizingthe search of the home owned by Jeff Wadsworth located at 617 Mariposa Avenue, Gerber, California 96035 (SUBJECT PREMISES), and the seizure of evidence, fruits, and instrumentalities of violations of the following provisions of the United States Code: 18 U.S.C. 1589 (Forced Labor Traf?cking); 18 U.S.C. 1590 (Traf?cking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor); 18 U.S.C. 1351 (Fraud in Foreign Labor Contracting); 18 U.S.C. 1546 (Visa Fraud); 18 U.S.C. 1341 (Mail Fraud); and 18 U.S.C. 1343 (Wire Fraud). I request that the search warrant authorize the search of all rooms, common areas, attics, basements, and all other parts therein, and surrounding grounds, garages, storage sheds, storage rooms, barns, trailers, or outbuildings of any kind, attached or unattached, located on the SUBJECT PREMISES. I also request that the search warrant authorize the search of locked, closed, barred, encircled or other otherwise secured containers located on the SUBJECT PREMISES. I further seek authorization to search a Nissan Pickup Truck with California License Plate Number 6L60117 (SUBJECT VEHICLE 1) and a Ford Pickup Truck Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 3 of 51 with California License Plate Number 0445311 (SUBJECT VEHICLE including all internal and external compartments and all containers, locked or unlocked, in which evidence, fruits, and instrumentalities of the above-stated violations may be found, and to seize such evidence, fruits, and instrumentalities of the violations, The SUBJECT PREMISES and SUBJECT VEHICLES are further described in Attachment A, which is attached hereto and fully incorporated by this reference. The evidence, fruits, and instrumentalities to be searched for and seizedare described in Attachment B, which is attached hereto and ?illy incorporated by this reference. 2. I am a Special Agent (SA) with the United States Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), presently assigned to the Of?ce of the Assistant Special Agent in Charge, Sacramento, CA. I have been employed as a Special Agent for more than 10 years. I was previously employed with the United States Immigration and Naturalization Service (INS) as Special Agent for more than 10 years. My duties as an HSI Special Agent include the investigation of criminal violations including the violations of the United States Code mentioned in the ?rst paragraph of this af?davit. I have participated in the execution of search and arrest warrants and have seized evidence of violations of federal law. 3. The facts set forth in this af?davit are based upon my personal observations, my training and experience, and information obtained from other law enforcement agents including Special Agent Chris Collins, of the US. Department of Labor, Of?ce of the Inspector General. This af?davit is intended to show merely that there is suf?cient probable cause for the requested warrant and does not purport to set forth all of my knowledge of the investigation into this matter. Unless speci?cally indicated otherwise, all conversations and statements described in this af?davit are related in substance and in part only. Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 4 of 51 SUMMARY OF INVESTIGATION 4. The U.S. Department of Homeland Security, Homeland Security Investigations, and the U.S. Department of Labor (DOL), Of?ce of Inspector General (OIG) are conducting a joint investigation into a forestry company named Pure Forest, LLC (Pure Forest), the owners, employees, and foremen of Pure Forest, and a company af?liated with Pure Forest, Lightning Ranch, LLC (Lightning Ranch). The investigation, so far, has revealed that during the 2012 forestry season, Pure Forest had four groups of workers located at various sites owned or controlled by Sierra Paci?c Industries in Northern California. Pure Forest, and its owners and foremen, are suspected of participating in a forced labor/visa fraud scheme involving migrant workers from Mexico. In a. forced labor/visa fraud scheme, an employer uses legal means labor visa programs such as the visa program) to bring foreign workers into the United States for employment, only to illegally exploit them after they arrive. BACKGROUND: APPLICABLE LABOR LAWS 5. If a U.S. employer cannot ?nd U.S. workers that are able, willing, quali?ed, and available for an employer?s temporary job Opportunity, the employer employs a foreign worker an alien) by ?ling a non-immigrant petition seeking a temporary employment visa for the alien. The petition must be ?led with the DOL and U.S. Citizenship and Immigration Services (CIS). An employer seeking to employ a non-immigrant alien temporarily in non-agricultural services for a seasonal, peak load, or intermittent basis may obtain foreign workers through the labor visa program. 6. An employer desiring to use foreign workers for H-2B temporary, non-agricultural employment, must ?le a completed ETA Form 9142, Application for Temporary Employment Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 5 of 51 Certi?cation, with the DOL. As part of the petition to the DOL, the employer must make certain attestations, under penalty of perjury, including: a) The employer is offering terms and working conditions normal to US. workers (I similarly employed in the area of intended employment; b) The employer will comply with applicable Federal,'State and, local employment-related laws and regulations, including employment?related health and safety laws; 0) The employer is offering a wage that equals or exceeds the highest of the I I prevailing wage, the applicable Federal minimum wage, the State minimum wage, and local minimum wage and the employer will pay the offered wage during the entire period of the approved H-ZB labor certi?cation; d) The employer has not sought or received payment of any kind from the employee for any activity related to obtaining labor certi?cation, including payment of the employer?s attorneys? fees, or recruitment costs. Payment includes, but is not limited to, monetary payments, wage concessions (including deductions from wages, salary, or bene?ts), kickbacks, bribes, tributes, in kind payments and free labor. 7. If the DOL approves the ETA Form 9142, the employer must then ?le with C18 a copy of the ETA Form 9142 and a C13 Form 1?129, Petition for Non-Immigrant Worker. In the Form 1-129, the employer must provide, under penalty of perjury, the number of hours per week to be worked and the hourly wage rate. In addition, the employer answer certain questions under penalty of perjury including, but not limited to, whether the workers that the employer has located or plans to hire have paid the employer, or any service agent, any form of compensation as a condition of the employment; or whether the employer and such workers have an agreement Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 6 of 51 through which the worker will at a later date pay the employer for government visa fees or other reasonable fees for which the worker is responsible, not to include reasonable travel expenses. 8. If CIS approves the Form 1-129, Petition for Non-Immigrant Worker, the employer may assist the visa bene?ciary the worker) to apply for a visa with the US. Department of State (DS). Form DS-160 is submitted electronically to the website via the Internet. Consular Of?cers use the information entered on the Form 60 to process the visa application and, combined with a personal interview, determine an applicant?s eligibility for a nonimmigrant visa. 9. Once H-2B workers are approved to work in the United States, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), the Field Sanitation Provision-s of the Occupational Safety and Health Act of 1970 (OSHA), and the Fair Labor Standards Act (FLSA) provide protections for the H-2B visa workers. Generally, the MSPA applies to any person (or business) who recruits, solicits, hires, employs, furnishes, or transports migrant or seasonal agricultural workers (the MSPA refers to these activities as ?farm labor contracting activities?). Before performing any ?farm labor contracting activities,? farm labor contractors are required to submit Form WH-530 to the DOL for a Certi?cate of Registration authorizing the applicant to engage in ?farm labor contracting activities.? Depending on the speci?c activities for which an employer is seeking authorization, an employer may be required to'submit additional forms and documentation with the Form For example, if an employer seeks to house the workers, the employer must apply for a Housing Occupancy Certi?cate. 10. The MSPA further requires that employers properly disclose to workers all terms and, conditions of employment, including wages to be paid, and then pay all wages owed when due. The MSPA also details housing requirements for workers, but the forestry industry is largely Case 2:14-sw-00297-AC Documentl Filed 05/06/14 Page 7, of 51 exempted from these regulations, recognizing that camping is often essential in the forestry industry. The employer must obtain a permit from the Wage and Hour Division to house workers at a campsite. A 1994 Memorandum of Understanding between the US. Forest Service and the Wage and Hour Division details the guidelines for approved campsites. The guidelines include: suitable structures to protect the workers from the elements like cold temperatures, and an adequate and convenient drinking water supply, which must be approved by the appropriate health authority. 11. OSHA requires employers to provide, at no cost to the workers, potable drinking water in suitably cool and suf?cient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to all employees. OSHA regulations in 29 CFR de?ne ?potable water? as water that meets the standards for drinking purposes of the State or local authority having jurisdiction, or water that meets the quality standards prescribed by the US. Environmental Protection Agency?s National Primary Drinking Water Regulations (40 141). 12. The FLSA requires that covered employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The regular rate of pay cannot be less than the minimum wage. The FLSA also contains an overtime exemption for forestry or lumbering operations employing eight or fewer workers in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad, or other transportation terminal. Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 8 of 51 PROBABLE CAUSE 13. Jeff Wadsworth and Owen Wadsworth are the owners of Pure Forest, a forestry company based in Oakley, Idaho, which is af?liated with Lightning Ranch, LLC. A ?ling with? the Idaho Secretary of State re?ects that Lightning Ranch, LLC does business under the assumed name of ?Pure Forest and that Jeff Wadsworth is the Jeff Wadsworth also owns additional property including the SUBJECT PREMISES in Gerber, CA. A Residential Purchase Agreement dated November 15, 2012, obtained from a search warrant .of Jeff Wadsworth?s email indicated that ?Jeffrey Bruce Wadsworth? bought the SUBJECT PREMISES. 14. One of the Wadsworths? foremen, Pedro Carbajal, Jr. (Pedro Carbajal), currently resides at the? SUBJECT PREMISES with members of his family, based on source information and the fact that a vehicle registered to CARBAJAL was seen in front of the SUBJECT PREMISES last month. 15. During the 2012 forestry season (a season typically runs from April to December), Pure Forest served as a contractor for Sierra Paci?c Industries, a forest products company based in Anderson, California that owns 1.9 million acres of timberland in California and Washington. As a contractor, Pure Forest provided herbicide and pesticide spraying, tree thinning services, and tree planting services. Pure Forest had no subcontractors perform work on its behalf. Pure Forest was paid in the ranges of $60 to $65 per acre, $28 to $35 per man-hour, and/or $0.18 per tree planted. A letter dated January 12, 2012, from a Sierra Paci?c Industries representative, Bryan Taylor, was submitted with the visa petition submitted by Pure Forest to C18. The letter confirmed Sierra Paci?c Industries? need for the services of Pure Forest from April 1, 2012, to January 31, 2013. Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 9 of 51 16. During the 2012 forestry season, Pure Forest had four groups of workers located at various Sierra Paci?c Industries sites in Northern California. Each work crew was supervised by one of Pure Forest?s foremen. The foremen have been identi?ed as Owen Wasworth, Jose Luis Osorio Amador Cirilo Amador), Arturo Carbajal, and Pedro Carbajal. According to the quarterly payroll reports Pure Forest submitted to the California Employment Development Department (EDD), Pure Forest employed 30 to 40 peOple during the 2012 forest season. 17. On February 6, 2012, Owe-n Wadsworth submitted by mail an ETA Form 9142, Application for Temporary Employment Certi?cation, to the DOL attesting, under penalty of perjury, that his company, Pure Forest, needed 25 tree pruners to work in unspeci?ed locations in Humboldt, Trinity, and Mendocino counties in Northern California from April 1, 2012, to January 31, 2013. Owen Wadsworth also attested, under penalty of perjury, that Pure Forest would pay the workers $16.47 per hour for 40 hours per week. 18. Per the regulations, public notice was provided about the job opportunity with Pure Forest in newspapers and the Idaho state workforce agency. In one newspaper, the Humboldt Beacon, the Pure Forest job advertisement stated that the company had 25 positions for tree prune-rs with a salary of $16.47 per hour and 40 hours of work a week. The advertisement instructed interested job seekers to fax a ?generic application? to 208-906-8514. The advertisement ended by stating that Pure Forest is an equal opportunity employer. The DOL. reviewed records re?ecting that in response to this public notice, at least ten U.S. workers applied for the position by following instructions in the job posting and faxing their applications to 208-906-8514, which is a facsimile number that appears to forward facsimiles directly to an e- mail account of Jeff Wadsworth. The DOL also reviewed an ?Employer Summary Statement of Recruitment? submitted with the Labor Certi?cation Application, which was signed by .Owen Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 10 of 51 Wadsworth for Pure Forest on February 6, 2012, and thereafter submitted to the DOL by In?nity Labor Source, a labor contractor based in Texas. In this document, Owen Wadsworth stated that Pure Forest received ?ve not ten applications. FurthermOre, this document also shows that none of the U.S. applicants were hired for the available positions. 19. After the CIS Form was approved, applications for visas were submitted to the DS. During the interview process in June 2012, the DS, Consulate General in Nuevo Laredo, Mexico, contacted Owen Wadsworth to ask questions regarding the petition for H-2B employees. According to a report of that interview, Owen Wadsworth told the consular of?cial that the workers would only be pruning trees and would not be using any chemicals. 20. Jeff Wadsworth registered with the DOL as a Farm Labor Contractor (valid from April 1, 2012, to March 31, 2014). On February 15, 2012, Jeff Wadsworth signed and submitted DOL Form WH-5 30 and attested to the following under penalty of perjury: hereby declare that I will not house migrant agricultural workers in any facility or real property I own or control until I have submitted all necessary written evidence and have been issued a Certificate of Registration with housing authorized.? According to the agency that administers the Farm Labor Contractor program, the DOL Wage and Hour Division, Jeff Wadsworth never submitted any additional information. 21. On January 23, 2013, six former employees of Pure Forest alleged to the DOL that while they were in Hidalgo, Mexico, they were recruited to work during the 2012 forestry season by Pure Forest and the Texas-based labor contractor, In?nity Labor Source. Workers were told by In?nity Labor Source they would make $16.47 per hour and work 40 hours per week cutting branches from trees in the forests of Northern California, and would be housed in trailers without paying rent. One group of workers arrived in California in April 2012, and Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 11 of 51 another group of workers arrived in July 2012. According to the workers? statements to law enforcement, after they arrived with their visas, Pure Forest exploited them while they were employed as forest workers until they were terminated in October 2012. 22. The workers alleged that after the visas were approved, Jeff Wadsworth drove some of the workers from the Texas-Mexico border to Northern California to begin work. Other workers ?ew to Sacramento, California where they were picked up by Owen Wadsworth. Upon their arrival in California, the workers were housed temporarily on the property of the various residences of Pure Forest?s foremen in Gerber, California, which were located in Tehama County, California. Other workers were taken to the house of Owen Wadsworth?s grandfather. The property isrlocated in Garden Valley, California, in lil Dorado County, California. A public records database indicated that the property was owned by Trusten Wadsworth and Dorothy Wadsworth. 23. The workers were then taken to a campsite in the woods about an. hour and a half from Gerber, where they worked for Pedro Carbajal. As explained below, that campsite was located in Butte County, California. Pedro Carbajal?s campsite had two camping trailers and multiple tents. Contrary to statements made to them while being recruited to work for Pure Forest, the workers were required to sleep in tents, and regardless of the weather conditions. When workers expressed concerns about bears and rattlesnakes, Pedro Carbajal reportedly told workers that they should be grateful that they did not have to suffer to get to the United States like other immigrants do. 24. Each day the workers were transported from their campsite to a worksite about an hour away. The workers allege that in addition to thinning trees, which they had expected to do, they were also required to spray chemicals, which they had not expected to do. The workers 10 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 12 of 51 were provided blue overalls and latex gloves and cloth gloves. The workers claim that the latex gloves would break and the cloth gloves did not provide proper protection from the chemicals. Sometimes the workers had to spray chemicals in an upward direction, which caused the chemicals to land on their faces. The chemicals were dyed purple so that one could see what areas had been sprayed. One worker knew when he had chemicals on his skin because his hands and face would be purple. Some of the workers believe they became ill as a result of exposure of their eyes and skin to the chemicals, resulting in vomiting, skin peeling, and burning of the eyes. 25. Two of Pure Forest?s foremen, Pedro Carbajal and Arturo Carbajal, reportedly carried ?rearms and threatened to shoot workers in the head and leave them in the woods if they did not work harder. Multiple workers heard these threats and said they were directed at the workers who were not working hard enough. Sometimes at the campsite, Pedro Carbaj al would start shooting a gun without warning or explanation; the workers interpreted this as an act of intimidation, which frightened them. The workers claim that Pedro Carbaj al called them worthless and threatened to send them home to Mexico if they could not handle the workload. Pedro Carbajal also reportedly told workers that he would take them to the ?calabozo? if they worked too slowly. The workers did not know the meaning of ?A?calabozo? and never asked what it meant. DOL SA Chris Collins conducted a search on Google for the word ?calabozo,? and one website translated that word to mean prison or jail cell. A worker also claimed that one of the foremen would dress in camou?age, hide in the woods, and sneak up on them. i 26. The workers? drinking water came from a nearby river. At the end of the work day, a Pure Forest truck would stop at the river and get water from the river using a water pump. Workers claimed that the river water was in no way treated for cleanliness or hygiene. On 11 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 13 of 51 October 29, 2013, SA Collins spoke to a Registered Environmental Health Specialist at the Butte County Public Health Department, Division of Environmental Health, which regulates and enforces state and county laws for the area of where Pedro Carbaj al?s worksite was located. SA Collins was told that water from a river or creek was ?absolutely not acceptable? as a source of drinking water. The of?cial also stated that even with ?ltering, chlorination, or UV treatment, the river water is not considered acceptable as a drinking source. 27. The workers claimed that they worked from approximately 6:00 am. to 7:00 pm. on Monday through Saturday, and for approximately three hours on Sundays, none of which included an approximately one-hour commute to and from the work site. The workers alleged that they were paid in cash below the wages promised to them and attested to by Owen Wadsworth in the ETA Form 9142 submitted to the DOL. The pay was less than promised, the workers claim, because of deductions in pay for visa fees, meals, and the cook. Pure Forest paid the workers once every two weeks, but the workers were required to pay Pure Forest between $2,000 and $2,200 for their respective H-2B visas. One worker asked Owen Wadsworth why the workers had to pay a visa fee, and Owen Wadsworth reportedly told the worker to ask Jeff Wadsworth or Jose Luis Osorio Amador about that issue. Another time a worker asked Jose Luis Osorio Amador about the visa fee, and Amador told the worker to ask Jeff Wadsworth. A worker asked Jeff Wadsworth about the visa fee, and Jeff Wadsworth told the worker to ask Jose Luis Osorio Amador. 28. The workers provided Special Agents with photocopies of envelopes in which i the cash paymentswere distributed. The envelopes were distributed to each worker by that worker?s respective foreman. Each envelope had the worker?s name hand-written on it with his salary and deductions. For example, one photocopied envelope provided to DOL Special Agents 12 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 14 of 51 I had a worker?s name with the notation of $1,100 minus $600 for the visa, for a total of $500. The workers on Pedro Carbajal?s crew said that Pedro Carbajal would deduct additional fees for the cook, Pedro Carbajal, Sr. (Pedro Carbaj a1, Jr.?s father), and for additional food purchases. The fees for the cook and food purchases ranged from approximately $120 to $240 every two weeks. The food cooked by Pedro Carbajal, Sr. was usually salty and the meat at times appeared to be spoiled. If the workers incurred any additional costs, that would also be deducted. For example, at one point in the forest season one of the workers needed a new pair of shoes. Pure Forest foreman Pedro Carbaj a1 sold the worker an old pair of shoes that were held together with nails for $100. Pedro Carbajal allegedly deducted this amount from the worker?s pay. The workers alleged that after all the deductions had been taken out of their pay, they were often left with less than $100 for a two week work period. 29. The workers provided DOL Special Agents with photos of Pedro Carbajal?s campsite in a forest, which showed multiple camping tents. Some of these pictures shoWed the workers and Pure Forest?s vehicles as subjects of the photos. 30. On March 26, 2013, a former Pure Forest worker led DOL Special Agents to one of Pure Forest?s camp locations previously managed by Pedro Carbajal. The forestland, owned by - Sierra Paci?c Industries, is open for hiking and biking. SA Collins walked through the former campsite and saw ammunition shell casings on the ground. SA Collins also saw tree branches hung horizontally between trees that the former worker explained were used to hang tarps over the tents. Using a global positioning device, the coordinates of this location were identi?ed as 39 59.216N 121 38.398W, which is located in Butte County. The Google Maps website displayed a satellite image of this site, which shows two trailers and some blue tarps matching 13 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 15 of 51 the description of the tents the workers were required to use for sleeping. The site description provided by the worker matched what was visible in the Google satellite photo. 31. On December 5, 2013, DOL Special Agents and I interviewed Jose Luis Osorio Amador (Amador), who at that point no longer worked as a foreman for Pure Forest. Amador admitted that Jeff Wadsworth charged workers $1,600 to $1,800 for the visas. Amador told me that he collected visa fees from the workers, or the workers? respective fOremen, and then gave . the visa fee money, in cash, to Jeff Wadsworth in an envelope. Amador also con?rmed that workers drank water from a river and slept in tents. Amador said that Jeff Wadsworth wanted the workers to work for 12 to 13 hours a day. Amador believed that Jeff Wadsworth was dishonest and wanted to exploit the workers. 32. During an interview on April 30, 2014, Amador also told a DOL Special Agent that Jeff Wadsworth would travel from Idaho to California to conduct Pure Forest business. Jeff Wadsworth would commute from Idaho to California in either aired 2006 Ford 50 truck or an orange 1999 Ford F-350 truck. According to this source, current foreman Pedro Carbaj a1 is now driving the red 2006 Ford F-350 truck. 33. Amador also told us that Jeff Wadsworth tried to get a bigger contract from Sierra Paci?c Industries by offering a bribe to a company of?cial, but was unsuccessful. Amador believed that Sierra Paci?c Industries was no longer working with Jeff Wadsworth because of this incident. On November 19, 2013, the DOL spoke to a former Sierra Paci?c Industries employee who also heard that Pure Forest was no longer a contractor with Sierra Paci?c because Jeff Wadsworth attempted to bribe a company of?cial for a bigger contract. On March 18, 2014, SA Collins and I spoke with district managers of Sierra Paci?c Industries who previously worked directly with Pure Forest. They stated that Jeff Wadsworth offered to make a personal 14 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 16 of 51 payment of money to one of Sierra Paci?c Industries? foresters if Pure Forest got a contract with the company. Sierra Paci?c Industries counsel stated that the company preferred to not do business with Jeff Wadsworth after this incident, but were open to working with Owen Wadsworth in the future. 34. DOL Special Agents showed Amador copies of the envelopes provided by the workers, which were allegedly used to distribute payroll to the workers. Amador said that the writing on the envelopes was his and that the workers whose names were on the envelopes were on Pedro Carbajal?s crew. Amador claimed that he did not like the way Jeff Wadsworth ran the company, and that Amador wanted to pay workers a higher wage, but Jeff Wadsworth refused. Amador said that the workers on his crew got paid $12 an hour, but he does not know how the other foremen managed their workers. 35. Amador provided DOL Special Agents with timesheets for the workers on his crew. These timesheets list the workers on the crew by name and indicated how many hours were spent working on aspeci?c plot of land. Amador explained that the hours of work each week would vary depending on weather conditions. Analysis of the timesheets for the months of May 4 and August 2012 shows that Amador?s crew worked up to 57 hours a week and averaged 49 hours a week. 36. Amado-r was a foreman with Pure Forest who kept numerous physical and electronic records relating to Pure Forest business at his residence. Pedro Carbajal is a foreman with Pure Forest and likely keeps records and electronic storage media at his residence, the SUBJECT PREMISES. 37. During the investigation, the Special Agents obtained and executed a search warrant for an email account associated with Jeff Wadsworth. In preparation for the next 15 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 17 of 51 forestry season, on June 20, 2013, Jeff Wadsworth sent an e-mail stating: ?my only concern is housing what if someone lives close by and wants to stay at their own or a friends [sic] home is mike requiring us to force them to stay with us or can we omit the housing clause at our discression That same day, Owen Wadsworth responded to this e-mail in which he stated: assume that would be ?ne, he did say that we didn?t need anything at all if we are using hotels, how would that be any different? I guess they want us to certify only if we use trailers.? On July 3, 2013, Owen Wadsworth forwarded an e-mail to Jeff Wadsworth. The forwarded message contained an e-mail from Mike Alcom of Green Diamond, another forestry company, in which Alcorn told Owen Wadsworth: checked into the housing authorization with our guy in Seattle. He said go ahead and stay in the trailers. It would be a good idea to document what you have done to comply with the housing authorization and in the long term it may be bene?cial to pursue the authorization further. But that?s your call.? Owen Wadsworth responded ?Ok, thanks? and forwarded the message to Jeff Wadsworth. 38. On May 22, 2013, Jeff Wadsworth received an email from Richard Last Name Unknown (LNU) with Specialty Safety Training asking if Wadsworth had his ?crew? together for a meeting. Wadsworth replied by saying that the crew is working together in Auburn. Additionally, Jeff Wadsworth wrote: ?pedro is our new number that ?he lives at 617 mariposa in?gerber?; that would think training at his house?; and ?you can set it up with him anytime you like.? 39. On June 26, 2013, Jeff Wadsworth forwarded an email to Pedro Carbajal at pureforestgedror??j imaiIcOm requesting that he contact Richard LNU regarding this training. Regarding the pureforestpedrot??J gmailcom account, on June 29, 2012, ?John Ellis? sent an email to Jeff Wadsworth saying: ?Double check to make sure Pedro is the one that changed his 16 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 18 of 51 password on his Gmail account. I have received this because my email is associated with his account, just in case there is a problem.? Jeff responded in an email saying: changed it? ?just got him up and running? ?thanks? ?jeff?. 40. E-mails between Jeff Wadsworth and Owen Wadsworth also discuss potential fraudulent immigration documents. Jose Luis Osorio Amador stated to me in at least two interviews that Pure Forest has a history of hiring undocumented workers to work in the forests. On July 5, 2013, Jeff Wadsworth sent an e-mail to Owen Wadsworth containing an attachment of a Social Security Card and Permanent Resident Card. In the e?mail, Jeff Wadsworth stated: ?Have him be sure his new card is issued to the same name, Efrain Ortega Hernandez.? On July 22, 2013, Jeff Wadsworth sent another e-mail to Owen Wadsworth stating: ?Tell efrain [sic] thanks for sending another copy of the social that isn?t in the ca [sic] hit list but what we needed is a copy of his new social that is not on anyones [sic] hit list.? To date, this investigation has not revealed enough information to explain who Efrain Ortega Hernandez is or what the California ?hit list? is. 41. In reviewing Jeff Wadsworth?s emails, the investigation uncovered numerous instances in Jeff Wadsworth?s email traf?c of Pure Forest employees using the SUBJECT PREMISES as their address for payroll purposes. For instance in an attachment that was entitled ?Pure Forest Payroll Ending 11/22/2013,? Gumesindo Ortega Miranda utilized the address of the SUBJECT PREMISES. On another occasion in an attachment entitled ?Pure Forest Payroll Ending 8/16/2013,? three individuals, Diego Guarchaj-Guarchaj, Efrain Ortega-Hernandez, and Rudy Sequez, utilized the address of the SUBJECT PREMISES. 42. There were also paystubs from Pure Forest located in Jeff Wadsworth?s email where the workers utilized the SUBJECT PREMISES as their address. For example, Antonio Garcia 17 Case 2:14-sw-00297-AC Documentl Filed 05/06/14 Pagel9 of51 and Carlos Otionel Lopez Chavez used that address. For W-2 purposes, Rudy Sequec and Anmaria Ortega used the address of the SUBJECT PREMISES with the employer being Lightning Ranch DBA Pure Forest. 43. On December 5, 2013, Jose Luis Osorio Amador stated to me and DOL Special Agents that the ownership of Pure Forest was now in the name of Owen Wadsworth. On March 18, 2014, SA Collins and I spoke with district managers of Sierra Paci?c Industries who told us that Owen Wadsworth was now running Pure Forest. Corroborating this, on May 24, 2013, Jeff Wadsworth sent an e-mail to a third party stating that Owen Wadsworth will step into his role at Pure Forest and Jeff Wadsworth would i?start fading into the woodwork.? 44. On April 11, 2014, HSI personnel saw two vehicles, SUBJECT VEHICLE 1 and SUBJECT VEHICLE 2, with California license plates on the street parked in front of the SUBJECT PREMISES. SUBJECT VEHICLE 1 is registered to Pedro Carbajal with an address of the SUBJECT PREMISES. SUBJECT VEHICLE 2 was registered to Jeffrey or Owen Wadsworth at 70 2125 S, Oakley City (sic), ID. Vehicles are further described with . photographs in Attachment A-2. 45.. On April 30, 2014, a source con?rmed that Pedro Carbajal and his family still reside at 617 Mariposa Avenue, Gerber, CA. Additionally, a former Pure Forest employee indicated that Pedro Carbajal is still employed by Pure Forest. EVIDENCE LIKELY TO BE FOUND AT PREMISES TO BE SEARCHED 46. Based on the information provided in this af?davit, there is probable cause to believe that the SUBJECT PREMISES and SUBJECT VEHICLES contain evidence, fruits, and instrumentalities, as re?ected in Attachment B, of violations of: 18 U.S.C. 1589 (Forced Labor Traf?cking); 18 U.S.C. 1590 (Traf?cking with Respect to Peonage, Slavery, 18 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 20 of 51 Involuntary Servitude, or Forced Labor); 18 U.S.C. 1351 (Fraud in Foreign Labor Contracting); 18 U.S.C. 1546 (Visa Fraud); 18 U.S.C. 1341 (Mail Fraud); and 18 U.S.C. 1343 (Wire Fraud). As further described in Attachment B, this includes physical evidence such as a ?rearm or ?rearms, and additional company information relating to topics including applications for the H-2B visas, worker housing, worker pay, and other evidence, fruits, and instrumentalities of the above-stated violations. 47. Based on my training and experience, and based on my consultations with other Special Agents who are experienced in the investigation of labor visa fraud offenses, I know that persons engaged in criminal business schemes often maintain records of their transactions similar to the record-keeping practices of law abiding businesses. Even after the fraud is completed, persons engaged in fraudulent schemes routinely maintain documentary records over a long period of time, even years, to memorialize past transactions, payments by victims, records of accounts receivable, and names, addresses and/phone numbers of victims/investors. These records are routinely maintained on paper, such as business and personal ledgers, diaries, calendars, memoranda, investor lists, and telephone address books. These records are commonly kept at the business location and the person?s home. i 48. In this investigation, I also know from my training, experience and discussions with other agents involved in the investigation that Pure Forest and its foremen will likely have employee or personnel ?les for its foremen and employees Pure Forest employed through the H- 2B program. Like many businesses with foreign workers, their records are likely to contain employment applications, wage and salary information, contracts, employment offers, purchase orders, Social Security Number forms, copies and originals of government documents related to 19 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 21 of 51 immigration and visa ?lings, and invoices to and from vendors, customers, clients, as well as company organization charts. SEARCH AND SEIZURE OF COMPUTERS, ELECTRONIC STORAGE DATA, AND FORENSIC ANALYSIS 49.? This application seeks permission to search for and seize evidence (and contraband) of the crimes described above stored on computers and electronic/digital devices (collectively, ?digital devices?), as well as any digital devises that constitute fruits and instrumentalities of the crimes. 50. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that data in digital form can be stored on a variety of systems, storage devices, or media including hard disk drives, ?oppy disks, compact disks, magnetic tapes, ?ash drives, and memory chips. Some of these devices can be smaller than a thumbnail and can take several forms, including thumb drives, secure digital media used in phones and cameras, personal music devices, and similar items. 51. Based upOn my training and experience, and the investigation to date, I believe that computer(s) and digital device(s) will be found at the premises. 52. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that computers and digital devices are often used to store information, very much the same way paper, ledgers, ?les and ?le cabinets are used to store information. I know that it is common today for businesses to utilize computers to conduct their business and to store information related thereto. 1 also know that it is common for individuals to have personal computers and to use these computers to conduct their personal affairs, their business affairs, and to store 20 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 22 of 51 information related thereto. I know based on my training and experience, that subjects who are engaged in those offenses commonly store information related to their activities on computers and digital devices. Removal of Data Storage Devices for ngiew In A Laboratog Setting May Be Rguired 5 3. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that a a forensic image is an exact physical copy of a data storage device. A forensic image captures all data on the subject media without viewing or changing the data in any way. Absent unusual circumstances, it is essential that a forensic image be obtained prior to conducting any search of data for information subject to seizure pursuant to the warrant. I also know that during the search of the premises it is not always possible to create a forensic image of or search digital devices or media for data. I also know that it is frequently necessary to remove digital devices or media for later laboratory evaluation off-site under controlled circumstances. This is true for a number of reasons, including the following: a. Searching digital devices can be a highly technical process that requires speci?c expertise and specialized equipment. Because there are so many different types of digital devices and software in use today, it is dif?cult to anticipate all of the necessary technical manuals, specialized equipment, and speci?c expertise necessary to conduct a thorough search of the media to ensure that the data will be preserved and evaluated in a useful manner. b. Searching digitai devices can require the use of precise, scienti?c procedures designed to maintain the integrity of the evidence. The recovery of such data may require 21 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 23 of 51 the use of special software and procedures, such as those used in a law enforcement laboratory. c. The volume of data stored on many digital devices is typically so large that it will be highly impractical to search for data during the execution of the physical search of the premises. Storage devices capable of storing 500 gigabytes of data are now commonplace in desktop computers. It can take several hours, or even days, to image a single hard drive. The larger the drive, the longer it takes. Depending upon the number and size of the devices, the length of time that agents must remain onsite to image and examine digital devices can become impractical. (1. Since digital data may be vulnerable to inadvertent modi?cation or destruction, a controlled environment, such as a law enforcement laboratory, may be essential to conduct a complete and accurate analysis of the digital devices from which the data will be extracted. Software used in a laboratory setting can often reveal the true nature of data. Moreover, a computer forensic reviewer needs a substantial amoUnt of time to extract and sort through data that is concealed or to determine whether it is evidence, contraband, or an instrumentality of a crime. e. Analyzingthe contents of a computer or other electronic storage device, even without signi?cant technical dif?culties, can be very challenging, and a variety of search and analytical methods must be used. For example, searching by keywords, which is a limited text based search, often yields thousands of hits, each of which must be reviewed in its context by the examiner to determine whether the data is within the scope of the warrant. Merely ?nding a relevant hit does not end the review process. The computer may have stored information about the data at issue which may not be searchable text, 22 Case 2:121-sw-00297-AC Document 1 Filed 05/06/14 Page 24 of 51 such as: who created it; when and how it was created, downloaded, or copied; when it was last accessed; when it was last modi?ed; when it was last printed; and when it was deleted. The relevance of this kind of data is often contextual. Furthermore, many common email, database, and spreadsheet applications do not store data as searchable text, thereby necessitating additional search procedures. To determine who created, modi?ed, c0pied, downloaded, transferred, communicated about, deleted, or printed data requires a search of events that occurred on the computer in the time periods surrounding activity regarding the relevant data. Information about which users logged in, whether users shared passwords, whether a computer was connected to other computers or networks, and whether the users accessed or used other programs or services in the relevant time period, can help determine who was sitting at the keyboard. f. Searching digital devices can require the use of precise, scienti?c procedures designed to recover latent data. The recovery of such data may require the use of special software and procedures. Data that represents electronic ?les or remnants of such ?les can be recovered months or even years after it has been, downloaded onto a hard drive, deleted, or viewed via the Internet. Even when such ?les have been deleted, data can be recovered months or years later using readily available forensic tools. Normally, when a person deletes a ?le on a computer, the data contained in the ?le does not actually- disappear; rather, that data remains on the hard drive until it is overwritten by new data. Therefore, deleted ?les, or remnants of deleted ?les, may reside in space on the hard drive. or other storage media that is not allocated to an active ?le. In addition, a computer?s operating system may keep a record of deleted data in a swap or recovery ?le 23 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 25 of 51 or in a program speci?cally designed to restore the computer?s settings in the event of a system failure. 54. This warrant seeks authority to seize contextual data, that is, evidence of how a digital device has been used, what it has been used for and who has used it. It can be very important in criminal cases to seek ?attribution? data so that an event or communication can be associated with a person. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, this authority is sought for a number of reasons: a. In some instances, the computer ?writes? to storage media without the speci?c knowledge or permission of the user. Generally, data or ?les that have been received via the Internet are automatically downloaded into a temporary Internet directory or cache. The browser typically maintains a ?xed amount of hard drive space devoted to such data or ?les, and the ?les are only overwritten as they are replaced with more recently viewed Internet pages. Thus, the ability to retrieve artifacts of electronic activity from a hard drive depends less on when the ?le was downloaded or viewed than on a particular user?s operating system, storage capacity, and computer usage: Logs of access to websites, ?le management/transfer programs, ?rewall permissions, and other data assist the examiner and investigators in creating a ?picture? of what the computer was doing and how it was being used during the relevant time in question. Given the interrelationships of the data to various parts of the computer?s operation, this information cannot be easily segregated. b. Digital data on the hard drive that is not currently associated with any ?le may reveal evidence of a ?le that was once on the hard drive but has. since been deleted or edited, or it could reveal a deleted portion of a ?le (such as a paragraph that has been 24 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 26 of 51 deleted from a word processing Virtual memory paging systems can leave digital data on the hard drive that show what tasks and processes on the computer were recently used. Web browsers, email programs, and chat programs store con?guration data on the hard drive that can reveal information such as online nicknames and passwords. Operating systems can record additional data, such as the attachment of peripherals, the attachment of USB ?ash storage devices, and times the computer was in use. Computer ?le systems can record data about the dates ?les were created and the sequence in which they were created. This data can be evidence of a crime, can indicate the identity of the user of the digital device, or can point toward the existence of evidence in other locations (or on other devices). c. Further, evidence of how a digital device has been used, what it has been used for, and who has used it, may be learned from the absence of particular data on a digital device. Speci?cally, the lack of computer security software, virus protection, malicious software, evidence of remote control by another computer system, or other programs or software may assist in identifying the user indirectly and may provide evidence excluding other causes for the presence or absence of the items sought by this applicatiOn. Additionally, since computer drives may store artifacts from the installation of software that is no longer active, evidence of the historical presence of the kind of software and data described may have special signi?cance in establishing timelines of usage, con?rming the identi?cation of certain users, establishing a point of reference for usage and, in some cases, assisting in the identi?cation of certain users. This data can be evidence of a crime, can indicate the identity of the user of the digital device, or can point toward the existence of evidence in other locations. Evidence of the absence of particular 25 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 27 of 51 data on the drive is not generally capable of being segregated from the rest of the data on the drive. Search Procedure 55. In searching for data capable of being read, stored, or interpreted by a computer or storage device, law enforcement personnel executing the search warrant will employ the following procedure: a. On site search, if practicable. Law enforcement officers trained in computer forensics (hereafter, ?computer personnel?), if present, may be able to determine if digital devices can be searched on site in a reasonable amount of time and without jeopardizing the ability to preserve data on the devices and conduct such a search if deemed practicable. Any device searched on site will be seized if it contains any data falling within the list of items to be seized as set \forth in the warrant and in Attachment B. b. On site imaging, if practicable. If a digital device cannot be searched on site as described above, the computer personnel, if present, will determine whether the device can be imaged on site in a reasonable amount of time without jeopardizing the ability to preserve the data and conduct such imaging if deemed practicable. c. Seizure of digital devices for ojfsite imaging and search. If no computer personnel are present at the execution of the search warrant, orif they determine that a digital device cannot be searched or imaged on site in a reasonable amount of time and without jeopardizing the ability to preserve data, the digital device will be seized and transported to an appropriate law enforcement laboratory for review. (1. Law enforcement personnel (potentially including, but not necessarily limited to, computer personnel) will examine the digital device to determine if it contains any data. 26 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 28 of 51 that falls within the list of items to be seized as set forth in the warrant and, in Attachment B. e. Law enforcement personnel will use procedures designed to identify items to be seized under the warrant. These procedures may include, without limitation, the use of a ?hash value? library to exclude normal operating system ?les that do not need to be searched. In addition, law enforcement personnel may search for and attempt to recover deleted, hidden, or data to determine whether the data falls within the list of items to be seized under the warrant. f. If the original digital device was seized, law enforcement personnel will perform an initial search of the original digital device within a reasonable amount of time not to exceed 120 days from the date of execution of the warrant. If, after conducting the initial search, law enforcement personnel determine that an original digital device contains any data falling within the list of items to be seized pursuant to this warrant, the government will retain the original digital device to, among other things, litigate the admissibility/authenticity of the seized items at trial, ensure the integrity of the copies, ensure the adequacy of chain of custody, and resolve any issues that potentially might be raised regarding changed conditions of the evidence. Ifthe government needs additional time to determine whether an original digital device contains any data falling within the list of items to be seized pursuant to this warrant, it may seek an extension of the time period from the Court within the original 120-day period from the date of execution of the warrant. g. If an original digital device does not contain any data falling within the list of items to be seized pursuant to this warrant, the government will: return that original 27 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 29 of 51 digital device to its owner within a reasonable period of time if it can be lawfully possessed; seal any image previously made of the device; and not review the sealed image absent further authorization from the Court. Data to be Seized 56. Based upon my training and experience, and information related to me by agents and others involved in the forensic examination of computers and digital devices, I know that, in order to search for data that is capable of being read or interpreted by a computer, law enforcement personnel will need to seize, image, copy, and/or search the following items, subject to the procedures set forth herein: a. Any computer equipment or digital devices that are capable of being used to commit or further the crimes outlined above, or to create, access, or store (evidence, contraband, fruits, or instrumentalities) of such crimes, as set forth in Attachment b. Any computer equipment or digital devices used to facilitate the transmission, creation, display, encoding, or storage of data, including word processing equipment, modems, docking stations, monitors, printers, plotters, devices, and optical scanners that are capable of being used to commit or further the crimes outlined above, or to create, access, process, or store (evidence, contraband, fruits, or instrumentalities) of such crimes, as set forth in Attachment c. Any magnetic, electronic, or optical storage device capable of storing data, such as ?oppy disks, hard disks, tapes, CD ROMS, CD Rs, CD RWs, DVDs, optical disks, printer or memory buffers, smart cards, PC cards, memory calculators, electronic dialers, electronic notebooks, personal digital assistants, and cell phones capable of being used to 28 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 30 of 51 commit or further the crimes outlined above, or to create, access, or store (evidence, contraband, fruits, or instrumentalities) of such crimes, as set forth in Attachment d. Any documentation, operating logs, and reference manuals regarding the operation of the computer equipment, storage devices, or software; e. Any applications, utility programs, compilers, interpreters, and other software used to facilitate direct or indirect communication with the computer hardware, storage devices, or data to be searched; f. Any physical keys, devices, dongles, or similar physical items which are necessary to gain access to the computer equipment, storage devices, or data; g. Any passwords, password ?les, test keys, codes, or other information necessary to access the computer equipment, storage devices, or data; and h. All records, documents, programs, applications, or materials created, modi?ed, or stored in any form, including in digital form, on any computer or digital device, that show the actual user(s) of the computers or digital devices during any time period in which the device was used to commit the crimes referenced above, including the web browser?s history; temporary Internet ?les; cookies, bookmarked, or favorite web pages; email addresses used ?om the computer; MAC IDs and/or Internet Protocol addresses used by the computer; email, instant messages, and other electronic communications; address books; contact lists; records of social networking and online service usage; and software that would allow others to control the digital device such as viruses, Trojan horses, and other forms of malicious software (or alternatively, the lack of software that would allow others to control the digital device). 29 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 31 of 51 i. All records, documents, programs, applications, or materials created, modi?ed, or ?stored in any form, including in digital form, on any computer or digital device, that show evidence of counter-forensic programs (and associated data) that are designed to eliminate data from the computer or digital device. j. All records, documents, programs, applications, or materials created, modi?ed, or stored in any form, including in digital form, on any computer or digital device, that show contextual information necessary to understand the evidence, contraband, fruits, or instrumentalities described in this attachment. Retention of Image 57. The government will retain a forensic image of each digital device subjected to analysis for a number of reasons, including proving the authenticity of evidence to be used at trial; responding to any potential questions regarding the corruption of data; establishing the chain of custody of data; refuting any potential claims of fabrication, tampering, or destruction with/of data; and addressing potential exculpatory evidence claims where, for example, a defendant claims that the government avoided its obligations by destroying data or returning it to a third party. INVENTORY AND RETURN 58. With respect to the seizure of electronic storage media or the seizure or imaging of electronically stored information, the search warrant return to the Court will describe the - physical storage media that were seized or imaged. 7 ITEMS TO BE SEIZED 59. The United States seeks authority to search the SUBJECT PREMISES at 617 Mariposa Avenue, Gerber, CA, 96035, and the SUBJECT VEHCILES listed above, as further 30 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 32 of 51 described in Attachment A, for the items described in Attachment B, which constitute the evidence, fruits, and instrumentalities of violations of 18 U.S.C. 1589 (Forced Labor Trafficking); 18 U.S.C. 1590 (Traf?cking with ResPect to Peonage, Slavery, Involuntary Servitude, or Forced Labor); 18 U.S.C. 1351 (Fraud in Foreign Labor Contracting); 18 U.S.C. 1546 (Visa Fraud); 18 U.S.C. 1341 (Mail Fraud); and 18 U.S.C. 1343 (Wire Fraud). All attachments are incorporated by reference. 31 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 33 of 51 RE UEST FOR SEALING 60. I further request that the Court order that all papers in support of this application, I including the af?davit and search warrant, be sealed until further order of the Court. These documents discuss an ongoing criminal investigation that is neither public nor known to all of the targets of the investigation. Accordingly, there is good cause to seal these documents because their premature disclosure may seriously jeopardize that investigation. ReSpectfully submitted, A $3 Eugene Kizenko Special Agent US. Department of Homeland Security Homeland Security Investigations Approved as to form: Ni?v K. Desai Assistant US. Attorney Subscribed and sworn to before me on May 2014 HONORABLE ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 32 Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 34 of 51 ATTACHMENT A Description of Locations and Vehicles to be Searched ATTACHNIENT A-l Home located at 617 Mariposa Avenue, Gerber, California 96035 The SUBJECT PREMISES are described as follows, and as depicted in photographs belOw: A single story family home with a shingled roof. The property has a wooden fence bordering the front of the property. There are black numbers ?617? to the right of the front door. There are windows on either side of the front door. There is a black mailbox on a white post that faces Mariposa Avenue. Areas to be searched include all rooms, common areas, attics, basements, and all other parts therein, and surrounding grounds, garages, storage sheds, storage rooms, barns, trailers, or outbuildings of any kind, attached or unattached, including if locked or closed, located on the SUBJECT PREMISES, that may contain items set forth in Attachment B. Areas to be searched also include locked, closed, barred, encircled or other otherwise secured containers located on the SUBJECT PREMISES. [continued on next page] Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 35 of 51 ATTACHMENT A-2 The SUBJECT VEHICLES are described as follows, and as depicted in photographs below, and the areas to be searched include all internal and external compartments and all containers, locked or unlocked, in which evidence, fruits, and instrumentalities, as described in Attachment B, may be found: SUBJECT VEHICLE 1 - 2001 four door silver Nissan pickup truck with a travel rack with Crew Cab imprinted on it - Nissan imprinted above truck handle - California license plate 6L60117 - Frontier imprinted on truck door bed [continued on next page] Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 36 of 51 SUBJECT VEHICLE 2 - 2000 gray Ford F250 four door pickup truck - California License Plate 04453J1 - Step to enter the vehicle located under the doors - Large black storage container attached to top of bed of vehicle 4 4 sticker is on rear passenger panel of vehicle OF ATTACHMENT Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 37 of 51 ATTACHMENT Items to be Searched For, Seized,I and Examined The following records and items, in whatever form and by whatever means they may have been created and/or stored, that constitute evidence, contraband, fruits, and/or of violations of 18 U.S.C. 1589 (Forced Labor Traf?cking); 18 U.S.C. 1590 (Traf?cking with Respect to Peonage, Slavery, Involuntary Servitude, Or Forced Labor); 18 U.S.C. 1351 (Fraud in Foreign Labor Contracting); 18 U.S.C. 1546 (Visa Fraud); 18 U.S.C. 1341 (Mail Fraud); and 18 U.S.C. 1343 (Wire Fraud); for the time period of January 1, 2011 to the present (unless Speci?ed otherwise), including but not limited to: 1. Any and all ?rearms, ammunition, and related accessories. 2. Camou?age clothing including shirts, pants, jackets, hats, masks, and other accessories. 3. Equipment related to camping including tents, sleeping bags, tarps, and ropes. 4. Pesticides, herbicides, chemicals, rubber gloves, cloth gloves, overalls, and related Spraying or application equipment. 5. Records and items indicating or re?ecting control, management, ownership, and locations of operations of Pure. Forest, LLP, Lightning Ranch, LLC, and Lightning Ranch, LLC doing business as Pure Forest, including utility bills, telephone bills, loan payment receipts, rent documents, keys, photographs, bank records, and payroll records; 6. Bank records or records received from other ?nancial institutions, such as wire transfer records, bank statements and associated transactional records, credit card statements, money drafts, letters of credit, safety deposit box keys and records, Checkbooks, money wrappers, money containers, income tax returns, payroll records and any other records of Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 38 of 51 ?nancial transactions that re?ect the disposition and/or allocation of monies that represent fruits, evidence, and/or instrumentalities of violations of the above-stated statutes; 7. Records and items that constitute fruits, evidence, instrumentalities of the- acquisition, secreting, transfer, concealment, and/or expenditure of money that represent fruits, evidence, and/or instrumentalities of violations of the above-stated statutes; 8. Records and items re?ecting the purchase or lease or ?nancing or encumbrance of real estate, vehicles, precious metals, jewelry, or other items that constitute fruits, evidence, and/or instrumentalities of violationsaof the above-stated statutes; 9. Records and items relating to the H-2B labor visa program including applications and petitions related to the program Form 1-129, ETA Form 9142, Form DS-160, Form WH-530), dra? applications and petitions, visas, travel documents, notices, memoranda, labor advertisements, applications for employment, contracts, certi?cations, phone records, letters, e- mails, facsimiles, and other forms of correspondence; 10. Records and items relating to the recruitment and hiring of employees/laborers of Pure Forest, LLC and/or Lightning Ranch, LLC including H-2B labor visa program workers, including advertisements, notices, applications for employment, memoranda, phone records, travel records, Spreadsheets, letters, e-mails, facsimiles, and other forms of correspondence; 11. Records relating to the employment, management, and transport of employees/laborers of Pure Forest, LLC and/or Lightning Ranch, LLC including labor visa program workers, including payroll records, checks, personnel ?les, ledgers, spreadsheets, invoices, promissory notes, visas, travel documents, car rental agreements, supply lists, memoranda, phone records, travel and lodging records, letters, e-mails, facsimiles, and other forms of correspondence; Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 39 of 51 12. Records reflecting the indebtedness of employees/laborers of Pure Forest, LLC and/or Lightning Ranch, LLC, including H-2B visa program workers, to Pure Forest, LLC, Lightning Ranch, LLC, and those entities? owners, managers, foremen, and other employees, and payments made by those employees/laborers to the owners, managers, foremen, and other employees of Pure Forest, LLC and/or Lightning Ranch, 13. Records relating to Owen Wadsworth, Pedro Carbajal, Jr., Pedro Carbajal, Arturo Carbajal, Cirilo Amador Jose Luis Osorio Amador) including payroll recOrds, . checks, personnel ?les, employee or policy manuals, ledgers, spreadsheets, invoices, promissory notes, visas, travel documents, memoranda, phone records, travel and lodging records, letters, e- mails, facsimiles, and other forms of correspondence; 14. Records relating to In?nity Labor Source including memoranda, presentations, advertisements, contracts, checks, invoices, payment records, phone records, letters, e-mails, facsimiles, and other forms of correspondence; 15. Records relating to Sierra Paci?c Industries including contracts to provide services, site maps, memoranda, invoices, checks, payment records, phone records, letters, e- mails, facsimiles, and other forms of correspondence; 16. Records and items that fall into the categories above that are an format, and any keys, access codes, or other information, documents, or items required to those records and items; and 17. Digital evidence as described below: a. Any computer equipment or digital devices that, are capable of being used to commit or further the crimes referenced above, or to create, access, or store evidence, contraband, fruits, or instrumentalities of such crimes, including central processing units; laptop Case2:14-sw-00297-AC Documentl Filed 05/06/14 Page 40 of51 or notebook computers; personal digital assistants; wireless communication devices including paging devices, cellular telephones, and smartphones; peripheral input/output devices such as keyboards, printers, scanners, plotters, monitors, and drives intended for removable media; related communication devices such as modems, routers, cables, and connections; storage media; and security devices; b. Any computer equipment or digital devices used to facilitate the transmission, creation, display, encoding, or storage of data, including word processing equipment, modems, docking stations, monitors, printers, plotters, devices, and optical scanners that are capable of being used to commit or further the crimes referenced above, or to create, access, process, or store evidence, contraband, fruits, or instrumentalities of such crimes; c. Any magnetic, electronic, or optical storage device capable of storing data, such as ?oppy disks, hard disks, tapes, CD-ROMs, CD-Rs, CD-RWs, DVDs, optical disks, printer or memory buffers, smart cards, PC cards, memory calculators, electronic dialers, electronic . notebooks, personal digital assistants, and cell phones capable of being used to commit or further the crimes referenced above, or to create, access, or store evidence, contraband, fruits, or instrumentalities. of such crimes; (1. Any documentation, operating logs, referencemanuals regarding the operation of the computer equipment, storage devices, or software; e. Any application-s, utility programs, compilers, interpreters, and other software used to facilitate direct or indirect communication with the computer hardware, storage devices, or data to be searched; f. Any physical keys, devices, dongles, or similar phySical items which are necessary to gain access to the computer equipment, storage devices, or data; Case 2:14-sw-002977-AC Document 1 Filed 05/06/14 Page 41 of 51 g. Any passwords, password ?les, test keys, codes, or other information necessary to access the computer equipment, storage devices, or data; and h. All records, documents, programs, applications, or materials created, modi?ed, or stored in any form, including in digital form, on any computer or digital device, that show the actual user(s) or owners of the computers or digital devices during the time the device was utilized to commit the crimes referenced above, including the web browser?s history; temporary Internet ?les; cookies, bookmarked, or favorite web pages; email addresses used from the computer; MAC IDs and/or Internet Protocol addresses used by the computer; email, instant messages, and other electronic communications; address books; contact lists; records of social networking and online service usage; and software that would allow others to control the digital device such as viruses, Trojan horses, and other forms of malicious software (or alternatively, the lack of software that would allow others to control the digital device). i. All records, documents, programs, applications, or materials created, modi?ed, or stored in any form, including in digital form, on any computer or digital device, that show evidence of counter-forensic pro-grams (and associated data) that are designed to eliminate data from the computer or digital device, 7 j. All records, documents, programs, applications, or materials created, modi?ed, or stored in any form, including in digital form, on any computer or digital device, that show contextual information necessary to understand the evidence, contraband, ?'uits, or instrumentalities described in this attachment. OF ATTACHMENT Case 2:14-sw-00297-AC SEAN Fgage 42 of 51 ,5 A0 93 (Rev. 12/03) Search Warrant United States District Court EASTERN District of CALIFORNIA In the Matter of the Search of SEARCH WARRANT (Name. address or brief description of person, properly or premises to be searched) CASE R: . The Premises Located at 617 Mariposa Avenue, Gerber, CA 96035; a 2 9 A0 Silver Nissan Pickup Truck (CA 6L601 l7); and a Grey Ford Pickup 7 Truck (CA 0445311 TO, Special Agent Eugene Kizenko and any Authorized Of?cer of the United States Af?davit(s) having been made before me by Special Agent Eugene Kizenko who has reason to believe that Elon therperson of, or Eon the premises known as (name, description and/or location) SEE ATTACHMENT A, attached hereto and incorporated by reference in the EASTERN District of CALIFORNIA there is now concealed a certain person or property, namely (describe the person or property to be seized) SEE ATTACHMENT B, attached hereto and incorporated by reference I am satis?ed that the af?davit(s) and any record testimony establish probable cause to believe that the person or property so described is now concealed on the person or premises above-described and establish grounds for the issuance of this warrant. YOU ARE HEREBY COMMANDED to search on or before '7 Date I (not to exceed 14 days) the person or place named above for the person or property speci?ed, serving this warrant and making the search in the daytime 6:00 AM to 10:00 PM. Elat any time in the day or night as I ?nd reasonable cause has been established and if the person or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and return this warrant to anv authorized US. Magistrate Judge in the Eastern District of California, as required by law. U.S. Magistrate Judge (Rule Sv/ A L, at Sacramento, California - Date and Time/issd?d/ City and State i: ., Allison Claire, U.S. Magistrate Judge Siaature?'fludge Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 43 of 51 A0 93 (Rev. 12/03) Search Warrant (Reverse) RETURN Case Number: DATE WARRANT RECEIVED DATE AND TIME WARRANT RECEIVED COPY OF WARRANT AND RECEIPT FOR ITEMS LEFT WITH INVENTORY MADE IN THE PRESENCE OF INVENTORY OF PERSON OR PROPERTY TAKEN PURSUANT TO THE WARRANT CERTIFICATION I swear that this inventory is a true and detailed account of the person or property taken by me on the warrant. Subscribed, sworn to, and returned before me this date. Signature of Judge Date Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 44 of 51 ATTACHMENT A Description of Locations and Vehicles to be Searched ATTACHMENT A-l Home located at 617 Mariposa Avenue Gerber California 96035 The SUBJECT PREMISES are described as follows, and as depicted in photographs below: A single story family home with a shingled roof. . The property has a wooden fence bordering the front of the property. There are black numbers ?617? to the right of the front door. There are windows on either side of the front door. There is a black mailbox on a white post that faces Mariposa Avenue. Areas to be searched include all rooms, common areas, attics, basements, and all other parts therein, and surrounding grounds, garages, storage sheds, storage rooms, barns, trailers, or outbuildings of any kind, attached or unattached, including if locked or closed, located on the SUBJECT PREMISES, that may contain items set forth in Attachment B. Areas to be searched also include locked, closed, barred, encircled or other otherwise secured containers located on the SUBJECT PREMISES. [continued on neXt page] Case 2:14-sw-00297-AC Document 1* Filed 05/06/14 Page 45 of 51 ATTACHMENT A-2 The SUBJECT VEHICLES are described as follows, and as depicted in photographs below, and the areas to be searched include all internal and external compartments and all containers, locked or unlocked, in which evidence, fruits, and instrumentalities, as described in Attachment B, may be found: SUBJECT VEHICLE - 2001 four door silver Nissan pickup truck with a travel rack with Crew Cab imprinted on it - Nissan imprinted above truck handle - California license plate 6L60117 - Frontier imprinted on truck door bed [continued on next page] Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 46 of 51 SUBJECT VEHICLE 2 - 2000 gray Ford F250 four door pickup truck - California License Plate 0445 3] - Step to enter the vehicle located under the doors - Large black storage container attached to tOp of bed of Vehicle - 4 4 sticker is on rear passenger panel of vehicle OF ATTACHMENT Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 47 of.51 . ATTACHMENT Items to be Searched For, Seized, and Examined The following records and items, in whatever form and by whatever means they may have been created and/or stored, that constitute evidence, contraband, fruits, and/or instrumentalities of violations of 18 1589 (Forced Labor Traf?cking); 18 U.S.C. 1590 (Traf?cking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor); 18 U.S.C. 1351 (Fraud in Foreign Labor Contracting); 18 U.S.C. 1546 (Visa Fraud); 18 U.S.C. 1341 (Mail Fraud); and 18 U.S.C. 1343 (Wire Fraud); for the time period of January 1, 2011 to the present (unless Speci?ed otherwise), including but not limited to: 1. Any and all ?rearms, ammunition, and related accessories. 2. Camou?age clothing including shirts, pants, jackets, hats, masks, and other accessories. 3. Equipment related to camping including tents, sleeping bags, tarps, and ropes. 4. Pesticides, herbicides, chemicals, rubber gloves, cloth gloves, overalls, and related Spraying or application equipment. 5. Records and items indicating or re?ecting control, management, ownership, and locations of operations of Pure Forest, LLP, Lightning Ranch, LLC, and Lightning Ranch, LLC doing business as Pure oreSt, including utility bills, telephone bills, loan payment receipts, rent documents, keys, photographs, bank records, and payroll records; 6. Bank records or records received from other ?nancial institutions, such as wire transfer records, bank statements and associated transactional records, credit statements, money drafts, letters of credit, safety deposit box keys and records, Checkbooks, money wrappers, money containers, income tax returns, payroll records and any other records of Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 48 of 51 ?nancial transactions that re?ect the diSposition and/or allocation of monies that represent fruits, evidence, and/or instrumentalities of violations of the above-stated statutes; 7. Records and items that constitute fruits, evidence, instrumentalities of the acquisition, secreting, transfer, concealment, and/or expenditure of money that represent fruits, evidence, and/or instrumentalities of violations of the above-stated statutes; 8. Records and items re?ecting the purchase or lease or ?nancing or encumbrance of real estate, vehicles, precious metals, jewelry, or other items that constitute fruits, evidence, and/or instrumentalities of violations-of the above-stated statutes; 9. Records and items relating to the H-ZB labor visa program including applications and petitions related to the program Form 1-129, ETA Form 9142, Form DS-160, Form 30), draft applications and petitions, visas, travel documents, notices, memoranda, labor advertisements, applications for employment, contracts, certi?cations, phone records, letters, e- mails, facsimiles, and other forms of correspondence; 10. Records and items relating to the recruitment and hiring of employees/laborers of Pure Forest, LLC and/or Lightning Ranch, LLC including labor visa program workers, including advertisements, notices, applications for employment, memoranda, phone records, travel records, Spreadsheets, letters, e-mails, facsimiles, and other forms of correspondence; 11. Records relating to the employment, management, and transport of employees/laborers of Pure Forest, LLC and/or Lightning Ranch, LLC including H-2B labor visa program workers, including payroll records, checks, personnel ?les, ledgers, spreadsheets, invoices, promissory, notes, visas, travel documents, car rental agreements, supply lists, memoranda, phone records, travel and lodging records, letters, e-mails, facsimiles, and other forms of correspondence; Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 49 of 51 12. Records re?ecting the indebtedness of employees/laborers of Pure Forest, LLC and/or Lightning Ranch, LLC, including H-ZB visa program workers, to Pure Forest, LLC, Lightning Ranch, LLC, and those entities? owners, managers, foremen, and other employees, and payments made by thOse employees/laborers to owners, managers,iforemen, and other employees of Pure Forest, LLC and/or Lightning Ranch, 13. Records relating to Owen Wadsworth, Pedro Carbajal, Jr., Pedro Carbajal, Sr., Arturo Carbaja'l, Cirilo Amador Jose Luis Osorio Amador) including payroll records, checks, personnel ?les, employee or policy manuals, ledgers, spreadsheets, invoices, promissory notes, visas, travel documents, memoranda, phone records, travel and lodging records, letters, e- mails, facsimiles, and other forms of correspondence; 14. Records relating to In?nity Labor Source including memoranda, presentations, - advertisements, contracts, checks, invoices, payment records, phone records, letters, e-mails, facsimiles, and other forms of correspondence; 15. Records relating to Sierra Paci?c Industries including contracts to provide services, site maps, memoranda, invoices, checks, payment records, phone records, letters, e- mails, facsimiles, and other forms of correspondence; 16. Records and items that fall into the categories above that are in an format, and any keys, access codes, or other information, documents, or items required to those records and items; and 17. Digital evidence as described below: a. Any computer equipment or digital devices thatiare capable of being used to commit or further the crimes referenced above, or to create, access, or store evidence, contraband, fruits, or instriirnentalities of such crimes, including central processing units; laptop Case 2:14-sw-00297-AC Documentl Filed105/06/14 Page 50 of51 or notebook computers; personal digital assistants; wireless communication devices including paging devices, cellular telephones, and smartphones; peripheral input/output devices such as keyboards, printers, scanners, plotters, monitors, and drives intended for removable media; related communication devices such as modems, routers, cables, and connections; storage media; and security devices; b. Any computer equipment or digital devices used to facilitate the transmission, creation, display, encoding, or storage of data, including word processing equipment, modems, docking stations, monitors, printers, plotters, devices, and optical scanners that are capable of being used to commit or further the crimes referenced above, or to create, access, process, or store evidence, contraband, fruits, or instrumentalities of such crimes; c. Anymagnetic, electronic, or optical storage device capable of storing data, such as ?oppy disks, hard disks, tapes, CD-ROMs, CD-Rs, CD-RWs, DVDs, optical disks, printer or memory buffers, smart cards, PC cards, memory calculators, electronic dialers, electronic notebooks, personal'digital assistants, and cell phones capable of being used to commit or further the crimes referenced above, or to create, access, or store evidence, contraband, fruits, or instrumentalities of such crimes; d. Any documentation, operating logs, referenceimanuals regarding the operation of the computer equipment, storage devices, or software; if c. Any applications, utility programs, compilers, interpreters, and other software used to facilitate direct or indirect communication with the computer hardware, storage devices, or data to be searched; f. Any physical keys, devices, dongles, or similar physical items which are necessary to gain access to the computer equipment, storage devices, or data; Case 2:14-sw-00297-AC Document 1 Filed 05/06/14 Page 51 of 51 g. Any passwords, password ?les, test keys, codes, or other information necessary to access the computer equipment, storage devices, or data; and h. All records, documents, programs, applications, or materials created, modi?ed, or stored in any form, including in digital form, on any computer or digital device, that show the i actual user(s) or owners of the computers or digital devices during the time the device was utilized to commit the crimes referenced above, including the web browser?s history; temporary Internet ?les; cookies, bookmarked, or favorite web pages; email addresses used from the computer; MAC IDs and/or Internet Protocol addresses used by the computer; email, instant messages, and other electronic communications; address books; contact lists; records of social networking and online service usage; and software that would allow others to control the digital device such as viruses, Trojan horses, and other forms of malicious software (or alternatively, the lack of software that would allow others to control the digital device). i. All records, documents, programs, applications, or materials created, modi?ed, or stored in any form, including in digital form, on any computer or digital device, that show evidence of counter-forensic programs (and associated data) that are designed to eliminate data from the computer or digital device. j. All records, documents, programs, applications, or materials created, modi?ed, or stored in any form, including in digital form, on any computer or digital device, that show contextual information necessary to Understand the evidence, contraband, ?'uits, or described in this attachment. OF ATTACHMENT