Case 1:16-mj-01122-CLP Document 1 Filed 12/16/16 Page 1 of 25 PageID #: 1

JD:JPL
F. #2016R01856
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

IN THE MATTER OF THE SEARCH OF
INFORMATION ASSOCIATED WITH
FACEBOOK USERNAMES
“jeannette.jacquez” AND “consuelo.newman”
THAT IS STORED AT PREMISES
CONTROLLED BY FACEBOOK INC

TO BE FILED UNDER SEAL
APPLICATION FOR A
SEARCH WARRANT FOR
INFORMATION IN
POSSESSION OF A PROVIDER
(FACEBOOK ACCOUNT)
16-1122M
Docket No. ____________________

AFFIDAVIT IN SUPPORT OF
AN APPLICATION FOR A SEARCH WARRANT
I, MARY ANNE WADE, being first duly sworn, hereby depose and state as follows:
INTRODUCTION AND AGENT BACKGROUND
1.

I make this affidavit in support of an application for a search warrant for

information associated with certain Facebook user IDs that is stored at premises owned,
maintained, controlled, or operated by Facebook Inc. (“Facebook”), a social networking
company headquartered in Menlo Park, California. The information to be searched is
information associated with Facebook usernames “jeannette.jacquez” and “consuelo.newman,”
described in the following paragraphs and in Attachment A (collectively, the “TARGET
ACCOUNTS”). This affidavit is made in support of an application for a search warrant under 18
U.S.C. §§ 2703(a), 2703(b)(1)(A) and 2703(c)(1)(A) to require Facebook to disclose to the
government records and other information in its possession, pertaining to the subscribers or
customers associated with the user IDs.

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2.

I am a Special Agent with the U.S. Department of Homeland Security, Homeland

Security Investigations (“HSI”), and have been for approximately 8 years. During that time, I
have personally participated in numerous investigations and arrests, the debriefing of witnesses,
and the execution of numerous search warrants related to various types of criminal activity
including illegal narcotics trafficking and conspiracies to commit the same, among other crimes.
3.

The facts in this affidavit come from my personal observations, my training and

experience, and information obtained from other agents and witnesses. This affidavit is intended
to show merely that there is sufficient probable cause for the requested warrant and does not set
forth all of my knowledge about this matter.
4.

Based on my training and experience and the facts as set forth in this affidavit,

there is probable cause to believe that violations of Title 21, United States Code, Sections
841(a)(1) (possession of cocaine with intent to distribute), 846 (conspiracy to distribute cocaine)
and 952(a) (importation of cocaine), have been committed by, among others, JEANNETTE
JACQUEZ DE ABREU and CONSUELO KARIUSCA JOSE-NEUMAN. There is also
probable cause to search the information described in Attachment A for evidence, fruits and
instrumentalities of these crimes, as described in Attachment B.
PROBABLE CAUSE
5.

On or about October 5, 2016, JEANNETTE JACQUEZ DE ABREU arrived at

John F. Kennedy International Airport in Queens, New York aboard Jet Blue Flight 1010 from
Santo Domingo, Dominican Republic.
6.

Upon her arrival, JACQUEZ DE ABREU was selected at the jet bridge for a

carry-on enforcement examination by United States Customs and Border Protection (“CBP”)

2

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officers. She presented one large brown “American Flyer” roller-bag carry-on and a “Victoria
Secret” handbag, and claimed ownership of the bags.
7.

During the baggage examination, a CBP officer opened the American Flyer roller-

bag and smelled a strong chemical odor emitted from the bag. Inside that bag, the officer
discovered that the bag was mostly empty and contained two cameras, several lenses and two
handbags. One of the handbags was a red “Ferrari/Puma” handbag, which felt unusually heavy
and appeared to have unusually thick walls. A CBP officer probed the red Ferrari/Puma
handbag, revealing a white powdery substance, which field-tested positive for the presence of
cocaine. A black “Mini/Puma” handbag was also removed from the American Flyer bag and its
lining was probed, revealing a white powdery substance, which field-tested positive for the
presence of cocaine. The total approximate gross weight of the cocaine recovered was 3.912
kilograms. Thereafter, JACQUEZ DE ABREU was placed under arrest, advised of her Miranda
rights, and agreed to waive those rights and to speak with HSI Special Agents. 1
8.

During the post-arrest interview, JACQUEZ DE ABREU stated the following:
a.

The above-described luggage was actually provided to her by

CONSUELO KARIUSCA JOSE-NEUMAN and that it was pre-packed when she received it;

1

The Miranda waiver and post-arrest interview of JACQUEZ DE ABREU were primarily
conducted in the Spanish language by HSI Special Agent Robert Martinez who is fluent in
Spanish. Although I was present during the interview, I am not a fluent Spanish speaker.
Accordingly, where I describe statements that are made by JACQUEZ DE ABREU, I am doing
so based upon translation through Special Agent Martinez. Furthermore, unless otherwise
indicated, I am describing JACQUEZ DE ABREU’s statements only in sum and substance, and
in part.
3

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b.

DE ABREU met JOSE-NEUMAN while they were both working at a

laundromat in Brooklyn, New York; 2
c.

In or about August 2016, JOSE-NEUMAN left the United States and

returned to the Dominican Republic. JOSE-NEUMAN told JACQUEZ DE ABREU (who is a
citizen of the Dominican Republic) to contact her (JOSE-NEUMAN) next time JACQUEZ DE
ABREU travelled back home to the Dominican Republic.
d.

During her most recent trip to the Dominican Republic, JACQUEZ DE

ABREU communicated with JOSE-NEUMAN primarily through their Facebook accounts.
Specifically, through Facebook, JACQUEZ DE ABREU and JOSE-NEUMAN arranged to meet
each other while in the Dominican Republic. JOSE-NEUMAN, along with two other
unidentified women, picked up JACQUEZ DE ABREU at her family’s home and went to a club
together. After the club, JOSE-NEUMAN and the two unidentified women drove JACQUEZ
DE ABREU to the airport where JOSE-NEUMAN provided the above-described luggage to
JACQUEZ DE ABREU.
e.

JACQUEZ DE ABREU planned to bring the luggage either to her

apartment or to the laundromat and wait for JOSE-NEUMAN’s cousin to pick it up.
9.

During the post-arrest interview, JACQUEZ DE ABREU also provided written

consent to HSI to search her mobile phone, a Samsung Galaxy 6S. In addition to consenting to a
search of her phone, during the interview, JACQUEZ DE ABREU also used her phone to

2

Based on records that are maintained in a CBP database, JOSE-NEUMAN first entered the
United States in or about April 2016.
4

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navigate to the Facebook application to visually identify which account was hers and which
account belonged to JOSE-NEUMAN.
10.

On or about October 6, 2016, the Honorable Roanne L. Mann, Chief United

States Magistrate Judge, authorized a complaint charging JACQUEZ DE ABREU with
importation of cocaine into the United States, in violation of Title 21, United States Code,
Sections 952(a) and 960. (See Mag. Docket No. 16-898). A copy of the complaint is attached as
Exhibit 1 and is incorporated herein by reference.
11.

On or about November 3, 2016, a grand jury empaneled in the Eastern District of

New York returned an indictment charging JACQUEZ DE ABREU with importation of cocaine
into the United States and possession of cocaine with intent to distribute, in violation of Title 21,
United States Code, Sections 952(a) and 841(a)(1), respectively. (See Criminal Docket No. 16564 (MKB)). A copy of the indictment is attached as Exhibit 2 and is incorporated herein by
reference.
12.

Based in part on the information provided by JACQUEZ DE ABREU during her

post-arrest interview, a subsequent forensic analysis of JACQUEZ DE ABREU’s phone by HSI
identified the relevant Facebook usernames associated with JACQUEZ DE ABREU and JOSENEUMAN to be the TARGET ACCOUNTS “jeannette.jacquez” and “consuelo.newman,”
respectively. 3
13.

On or about November 23, 2016, the government submitted a request to Facebook

to preserve all stored communications, records, and other evidence associated with the TARGET

3

Although JOSE-NEUMAN’s last name is spelled with a “u,” her Facebook username,
“consuelo.newman,” is spelled with a “w.”
5

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ACCOUNTS. Later that day, Facebook confirmed by e-mail that it has taken reasonable steps to
preserve the TARGET ACCOUNTS.
TECHNICAL INFORMATION ABOUT FACEBOOK
14.

Facebook owns and operates a free-access social networking website of the same

name that can be accessed at http://www.facebook.com. Facebook allows its users to establish
accounts with Facebook, and users can then use their accounts to share written news,
photographs, videos, and other information with other Facebook users, and sometimes with the
general public.
15.

Facebook asks users to provide basic contact and personal identifying information

to Facebook, either during the registration process or thereafter. This information may include
the user’s full name, birth date, gender, contact e-mail addresses, Facebook passwords, Facebook
security questions and answers (for password retrieval), physical address (including city, state,
and zip code), telephone numbers, screen names, websites, and other personal identifiers.
Facebook also assigns a user identification number to each account.
16.

Facebook users may join one or more groups or networks to connect and interact

with other users who are members of the same group or network. Facebook assigns a group
identification number to each group. A Facebook user can also connect directly with individual
Facebook users by sending each user a “Friend Request.” If the recipient of a “Friend Request”
accepts the request, then the two users will become “Friends” for purposes of Facebook and can
exchange communications or view information about each other. Each Facebook user’s account
includes a list of that user’s “Friends” and a “News Feed,” which highlights information about
the user’s “Friends,” such as profile changes, upcoming events, and birthdays.

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17.

Facebook users can select different levels of privacy for the communications and

information associated with their Facebook accounts. By adjusting these privacy settings, a
Facebook user can make information available only to himself or herself, to particular Facebook
users, or to anyone with access to the Internet, including people who are not Facebook users. A
Facebook user can also create “lists” of Facebook friends to facilitate the application of these
privacy settings. Facebook accounts also include other account settings that users can adjust to
control, for example, the types of notifications they receive from Facebook.
18.

Facebook users can create profiles that include photographs, lists of personal

interests, and other information. Facebook users can also post “status” updates about their
whereabouts and actions, as well as links to videos, photographs, articles, and other items
available elsewhere on the Internet. Facebook users can also post information about upcoming
“events,” such as social occasions, by listing the event’s time, location, host, and guest list. In
addition, Facebook users can “check in” to particular locations or add their geographic locations
to their Facebook posts, thereby revealing their geographic locations at particular dates and
times. A particular user’s profile page also includes a “Wall,” which is a space where the user
and his or her “Friends” can post messages, attachments, and links that will typically be visible
to anyone who can view the user’s profile.
19.

Facebook allows users to upload photos and videos, which may include any

metadata such as location that the user transmitted when s/he uploaded the photo or video. It
also provides users the ability to “tag” (i.e., label) other Facebook users in a photo or video.
When a user is tagged in a photo or video, he or she receives a notification of the tag and a link
to see the photo or video. For Facebook’s purposes, the photos and videos associated with a

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user’s account will include all photos and videos uploaded by that user that have not been
deleted, as well as all photos and videos uploaded by any user that have that user tagged in them.
20.

Facebook users can exchange private messages on Facebook with other users.

These messages, which are similar to e-mail messages, are sent to the recipient’s “Inbox” on
Facebook, which also stores copies of messages sent by the recipient, as well as other
information. Facebook users can also post comments on the Facebook profiles of other users or
on their own profiles; such comments are typically associated with a specific posting or item on
the profile. In addition, Facebook has a Chat feature that allows users to send and receive instant
messages through Facebook. These chat communications are stored in the chat history for the
account. Facebook also has a Video Calling feature, and although Facebook does not record the
calls themselves, it does keep records of the date of each call.
21.

If a Facebook user does not want to interact with another user on Facebook, the

first user can “block” the second user from seeing his or her account.
22.

Facebook has a “like” feature that allows users to give positive feedback or

connect to particular pages. Facebook users can “like” Facebook posts or updates, as well as
webpages or content on third-party (i.e., non-Facebook) websites. Facebook users can also
become “fans” of particular Facebook pages.
23.

Facebook has a search function that enables its users to search Facebook for

keywords, usernames, or pages, among other things.
24.

Each Facebook account has an activity log, which is a list of the user’s posts and

other Facebook activities from the inception of the account to the present. The activity log
includes stories and photos that the user has been tagged in, as well as connections made through

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the account, such as “liking” a Facebook page or adding someone as a friend. The activity log is
visible to the user but cannot be viewed by people who visit the user’s Facebook page.
25.

Facebook Notes is a blogging feature available to Facebook users, and it enables

users to write and post notes or personal web logs (“blogs”), or to import their blogs from other
services, such as Xanga, LiveJournal, and Blogger.
26.

The Facebook Gifts feature allows users to send virtual “gifts” to their friends that

appear as icons on the recipient’s profile page. Gifts cost money to purchase, and a personalized
message can be attached to each gift. Facebook users can also send each other “pokes,” which
are free and simply result in a notification to the recipient that he or she has been “poked” by the
sender.
27.

Facebook also has a Marketplace feature, which allows users to post free

classified ads. Users can post items for sale, housing, jobs, and other items on the Marketplace.
28.

In addition to the applications described above, Facebook also provides its users

with access to thousands of other applications (“apps”) on the Facebook platform. When a
Facebook user accesses or uses one of these applications, an update about that the user’s access
or use of that application may appear on the user’s profile page.
29.

Facebook uses the term “Neoprint” to describe an expanded view of a given user

profile. The “Neoprint” for a given user can include the following information from the user’s
profile: profile contact information; News Feed information; status updates; links to videos,
photographs, articles, and other items; Notes; Wall postings; friend lists, including the friends’
Facebook user identification numbers; groups and networks of which the user is a member,
including the groups’ Facebook group identification numbers; future and past event postings;

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rejected “Friend” requests; comments; gifts; pokes; tags; and information about the user’s access
and use of Facebook applications.
30.

Facebook also retains Internet Protocol (“IP”) logs for a given user ID or IP

address. These logs may contain information about the actions taken by the user ID or IP
address on Facebook, including information about the type of action, the date and time of the
action, and the user ID and IP address associated with the action. For example, if a user views a
Facebook profile, that user’s IP log would reflect the fact that the user viewed the profile, and
would show when and from what IP address the user did so.
31.

Social networking providers like Facebook typically retain additional information

about their users’ accounts, such as information about the length of service (including start date),
the types of service utilized, and the means and source of any payments associated with the
service (including any credit card or bank account number). In some cases, Facebook users may
communicate directly with Facebook about issues relating to their accounts, such as technical
problems, billing inquiries, or complaints from other users. Social networking providers like
Facebook typically retain records about such communications, including records of contacts
between the user and the provider’s support services, as well as records of any actions taken by
the provider or user as a result of the communications.
32.

As explained herein, information stored in connection with a Facebook account

may provide crucial evidence of the “who, what, why, when, where, and how” of the criminal
conduct under investigation, thus enabling the United States to establish and prove each element
or alternatively, to exclude the innocent from further suspicion. In my training and experience, a
Facebook user’s “Neoprint,” IP log, stored electronic communications, and other data retained
by Facebook, can indicate who has used or controlled the Facebook account. This “user
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attribution” evidence is analogous to the search for “indicia of occupancy” while executing a
search warrant at a residence. For example, profile contact information, private messaging logs,
status updates, and tagged photos (and the data associated with the foregoing, such as date and
time) may be evidence of who used or controlled the Facebook account at a relevant time.
Further, Facebook account activity can show how and when the account was accessed or used.
For example, as described herein, Facebook logs the Internet Protocol (IP) addresses from which
users access their accounts along with the time and date. By determining the physical location
associated with the logged IP addresses, investigators can understand the chronological and
geographic context of the account access and use relating to the crime under investigation. Such
information allows investigators to understand the geographic and chronological context of
Facebook access, use, and events relating to the crime under investigation. Additionally,
Facebook builds geo-location into some of its services. Geo-location allows, for example, users
to “tag” their location in posts and Facebook “friends” to locate each other. This geographic and
timeline information may tend to either inculpate or exculpate the Facebook account owner.
Last, Facebook account activity may provide relevant insight into the Facebook account owner’s
state of mind as it relates to the offense under investigation. For example, information on the
Facebook account may indicate the owner’s motive and intent to commit a crime (e.g.,
information indicating a plan to commit a crime), or consciousness of guilt (e.g., deleting
account information in an effort to conceal evidence from law enforcement).
33.

Therefore, the computers of Facebook are likely to contain all the material

described above, including stored electronic communications and information concerning
subscribers and their use of Facebook, such as account access information, transaction
information, and other account information.
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INFORMATION TO BE SEARCHED AND THINGS TO BE SEIZED
34.

I anticipate executing this warrant under the Electronic Communications Privacy

Act, in particular 18 U.S.C. §§ 2703(a), 2703(b)(1)(A) and 2703(c)(1)(A), by using the warrant
to require Facebook to disclose to the government copies of the records and other information
(including the content of communications) particularly described in Section I of Attachment B.
Upon receipt of the information described in Section I of Attachment B, government-authorized
persons will review that information to locate the items described in Section II of Attachment B.
CONCLUSION
35.

Based on the forgoing, I request that the Court issue the proposed search warrant.

36.

This Court has jurisdiction to issue the requested warrant because it is “a court of

competent jurisdiction” as defined by 18 U.S.C. § 2711. 18 U.S.C. §§ 2703(a), (b)(1)(A) &
(c)(1)(A). Specifically, the Court is “a district court of the United States . . . that – has
jurisdiction over the offense being investigated.” 18 U.S.C. § 2711(3)(A)(i).
37.

Pursuant to 18 U.S.C. § 2703(g), the presence of a law enforcement officer is not

required for the service or execution of this warrant.
REQUESTS FOR NON-DISCLOSURE AND SEALING
38.

The United States requests that the Court order Facebook not to notify any person

(including the subscribers and customers of the TARGET ACCOUNTS) of the existence of the
warrant attached to the proposed Order submitted herewith until further order of the Court.
39.

Facebook is a provider of an electronic communication service, as defined in 18

U.S.C. § 2510(15), and/or a remote computer service, as defined in 18 U.S.C. § 2711(2). This
Court has authority under 18 U.S.C. § 2705(b) to issue “an order commanding a provider of
electronic communications service or remote computing service to whom a warrant, subpoena, or
12

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court order is directed, for such period as the court deems appropriate, not to notify any other
person of the existence of the warrant, subpoena, or court order.”
40.

In this case, such an order would be appropriate because the attached warrant

relates to an ongoing criminal investigation that is neither public nor known to all of the targets
of the investigation, and there is reason to believe that its disclosure will alert the targets to the
ongoing investigation. Specifically, at least one TARGET ACCOUNTS listed in the warrant is
believed to belong to JOSE-NEUMAN, an individual who is one of the targets of the
investigation, who is at large and who may not yet know of the extent of the investigation.
Accordingly, there is reason to believe that notification of the existence of the attached warrant
will seriously jeopardize the investigation, including by giving targets an opportunity to flee or
continue flight from prosecution, destroy or tamper with evidence, change patterns of behavior,
intimidate potential witnesses, or endanger the life or physical safety of an individual. Some of
the evidence in this investigation is stored electronically and can be completely and permanently
erased. Some of the evidence in this investigation involves communications that can be
transferred to alternate platforms (including encrypted platforms and platforms beyond the
jurisdictional reach of U.S. legal process). If alerted to the existence of the warrant, there is
reason to believe that the subjects under investigation will destroy that evidence and change their
patterns of behavior.
41.

Accordingly, the United States respectfully requests that the Court grant the

proposed Order directing Facebook not to disclose the existence or content of the warrant
attached to the proposed Order, except that Facebook may disclose the warrant to an attorney for
Facebook for the purpose of receiving legal advice.

13

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42.

The United States further requests that the Court order that this application and

any resulting order be sealed until further order of the Court. As explained above, 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,
S/ Mary Anne Wade
MARY ANNE WADE
Special Agent
U.S. Department of Homeland Security,
Homeland Security Investigations

Subscribed and sworn to before me
this 16th day of December, 2016
S/ Cheryl Pollak
____________________________________
THE HONORABLE CHERYL L. POLLAK
UNITED STATES MAGISTRATE JUDGE
EASTERN DISTRICT OF NEW YORK

14

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EXHIBIT 1
(Complaint)

 Case Document 1 Filed 12/16/16 Page 16 of 25 PageID 16

. - 1



 

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

 

-X
UNITED STATES OF AMERICA A I 
- against (21 U.S.C. 952(a) and 960)
JEANNETTE JACQUEZ DE ABREU,
Defendant.


EASTERN DISTRICT OF NEW YORK, SS:

CHARLES TANNOURI, being duly sworn, deposes and states that he is a
Special Agent with the United States Department of Homeland Security, Homeland Security
Investigations duly appointed according to law and acting as such.

On or about October 5, 2016, within the Eastern District of New York and
elsewhere, the defendant JEANNETTE JACQUEZ DE ABREU did knowingly, intentionally
and unlawfully import into the United States from a place outside thereof a substance
containing cocaine, a Schedule II controlled substance.

(Title 21, United States Code, Sections 952(a) and 960).

The source of your deponent?s information and belief are as follows:1

I. On or about October 5, 2016, the defendant JEANNETTE JACQUEZ
DE ABREU arrived at John F. Kennedy International Airport in Queens, New York aboard

Jet Blue Flight 1010 from Santo Domingo, Dominican Republic.

 

1 Because the purpose of this Complaint is to state only probable cause to arrest, I have

not described all the relevant facts and circumstances of which I am aware.

Case Document 1 Filed 12/16/16 Page 17 of 25 PageID 17

2. Upon her arrival, the defendant was selected at the jet bridge for a
carry?on enforcement examination by United States Customs and Border Protection 
of?cers. The defendant presented one large brown ?American lyer? roller-bag carry-on and
a ?Victoria Secret? handbag, and claimed ownership of the bags.

3. During the baggage examination, a CBP of?cer opened the American
Flyer roller-bag and smelled a strong chemical odor emitted from the bag. Inside that bag,
the of?cer discovered that the bag was mostly empty and contained two cameras, several
lenses and two handbags. One of the handbags was a red ?Ferrari/Puma? handbag, which
felt unusually heavy and appeared to have unusually thick walls. A CBP of?cer probed the
red Ferrari/Puma handbag, revealing a white powdery substance, which ?eld-tested positive
for the presence of cocaine. A black ?Mini/Puma? handbag was also removed from the
American Flyer bag and its lining was probed, revealing a white powdery substance, which
?eld-tested positive for the presence of cocaine. The total approximate gross weight of the

cocaine recovered was 3.912 kilograms.

Case Document 1 Filed 12/16/16 Page 18 of 25 PageID 18

WHEREFORE, your deponent respectfully requests that the defendant
JEANNETTE JACQUEZ DE ABREU be dealt with according to law.

Dated: Brooklyn, New York
October 6, 2016

 

MOURI

Special Agent

United States Department of Homeland Security
Homeland Security Investigations

Sworn to before me this
6th day of October, 2016



.1 THE HONORABLE ROANNE L. MANN
UNITED STATES CHIEF MAGISTRATE JUDGE
EASTERN DISTRICT OF NEW YORK

Case 1:16-mj-01122-CLP Document 1 Filed 12/16/16 Page 19 of 25 PageID #: 19

EXHIBIT 2
(Indictment)

 Case Document 1 Filed 12/16/16 Page 20 of 25 PageID 20

BRQDIE, J,


F. a.  

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK



UNITED STATES OF AMERICA I I 


against i I 

(T. 21, use, 84l(a)(1), 841 

     
      

JEANETTE JACQUEZ DE ABREU, 952(a), 960(a)(1) and 960(b)(3); T. 18,
U.S.C., 2 and 3551 e_t seq.)  
Defendant.  l:

THE GRAND JURY CHARGES: 
COUNT ONE . 
(Importation of Cocaine) 

On or about October 5, 2016, within the Eastern District of New York and
elsewhere, the defendant JEANETTE JACQUEZ DE ABREU, together with others, did
knowingly and intentionally import a controlled substance into the United States from a
place outside thereof, which offense involved a substance containing cocaine, a Schedule II
controlled substance.

(Title 21, United States Code, Sections 952(a), 960(a)(l) and 960(b)(3);
Title 18, United States Code, Sections 2 and 3551 e_t 

COUNT TWO
(Possession of Cocaine with Intent to Distribute)

On or about October 5, 2016, within the Eastern District of New York, the

defendant JEANETTE JACQUEZ DE ABREU, together with others, did knowingly and

Case Document 1 Filed 12/16/16 Page 21 of 25 PageID 21

2

intentionally possess with intent to distribute a controlled substance, which offense involved
a substance containing cocaine, a Schedule II controlled substance.
(Title 21, United States Code, Sections 841(a)(1) and Title 18,

United States Code, Sections 2 and 3551 _e_t E.)

A TRUE BILL


FOREPERSON

ROBERT L. CAPERS
UNITED STATES ATTORNEY

EAS-TERVISTRICTKK

   
 

.J
N.


{m

 

Assistant US. Attorney  

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ATTACHMENT A
Property to Be Searched
This warrant applies to information associated with the Facebook usernames
“jeannette.jacquez” and “consuelo.newman” that is stored at premises owned, maintained,
controlled, or operated by Facebook Inc., a company headquartered in Menlo Park, California.

 Case 1:16-mj-01122-CLP Document 1 Filed 12/16/16 Page 23 of 25 PageID #: 23

ATTACHMENT B
Particular Things to be Seized
I.

Information to be disclosed by Facebook

To the extent that the information described in Attachment A is within the possession, custody,
or control of Facebook Inc. (“Facebook”), including any messages, records, files, logs, or
information that have been deleted but are still available to Facebook, or have been preserved
pursuant to a request made under 18 U.S.C. § 2703(f), Facebook is required to disclose the
following information to the government for each username listed in Attachment A:
(a)

All contact and personal identifying information, including full name, user
identification number, birth date, gender, contact e-mail addresses, Facebook
passwords, Facebook security questions and answers, physical address (including
city, state, and zip code), telephone numbers, screen names, websites, and other
personal identifiers.

(b)

All activity logs for the account and all other documents showing the user’s posts
and other Facebook activities;

(c)

All photos and videos uploaded by that user ID and all photos and videos
uploaded by any user that have that user tagged in them;

(d)

All profile information; News Feed information; status updates; links to videos,
photographs, articles, and other items; Notes; Wall postings; friend lists, including
the friends’ Facebook user identification numbers; groups and networks of which
the user is a member, including the groups’ Facebook group identification
numbers; future and past event postings; rejected “Friend” requests; comments;

 Case 1:16-mj-01122-CLP Document 1 Filed 12/16/16 Page 24 of 25 PageID #: 24

gifts; pokes; tags; and information about the user’s access and use of Facebook
applications;
(e)

All other records of communications and messages made or received by the user,
including all private messages, chat history, video calling history, and pending
“Friend” requests;

(f)

All “check ins” and other location information;

(g)

All IP logs, including all records of the IP addresses that logged into the account;

(h)

All records of the account’s usage of the “Like” feature, including all Facebook
posts and all non-Facebook webpages and content that the user has “liked”;

(i)

All information about the Facebook pages that the account is or was a “fan” of;

(j)

All past and present lists of friends created by the account;

(k)

All records of Facebook searches performed by the account;

(l)

All information about the user’s access and use of Facebook Marketplace;

(m)

The types of service utilized by the user;

(n)

The length of service (including start date) and the means and source of any
payments associated with the service (including any credit card or bank account
number);

(o)

All privacy settings and other account settings, including privacy settings for
individual Facebook posts and activities, and all records showing which Facebook
users have been blocked by the account;

(p)

All records pertaining to communications between Facebook and any person
regarding the user or the user’s Facebook account, including contacts with support
services and records of actions taken.
2

 Case 1:16-mj-01122-CLP Document 1 Filed 12/16/16 Page 25 of 25 PageID #: 25

II.

Information to be seized by the government

All information described above in Section I that constitutes fruits, evidence and
instrumentalities of violations of Title 21, United States Code, Sections 841(a)(1) (possession of
cocaine with intent to distribute), 846 (conspiracy to distribute cocaine) and 952(a) (importation
of cocaine) involving JEANNETTE JACQUEZ DE ABREU and CONSUELO KARIUSCA
JOSE-NEUMAN since April 2016, including, for each username identified on Attachment A,
information pertaining to the following matters:
(a) The importation, distribution, possession and sale of illegal drugs;
(b) Evidence indicating how and when the Facebook account was accessed or used,
to determine the chronological and geographic context of account access, use, and
events relating to the crime under investigation and to the Facebook account
owner;
(c) Evidence indicating the Facebook account owner’s state of mind as it relates to
the crime under investigation;
(d) The identity of the person(s) who created or used the usernames, including
records that help reveal the whereabouts of such person(s).
(e) The identity of the person(s) who communicated with the usernames about
matters relating to importation, distribution, possession and sale of illegal drugs,
including records that help reveal their whereabouts.

3

  

 

 

- m- .- .. Tm  .

 

o.

TO: Clerk?s-Office
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

 

 

APPLICATION FOR LEAVE
TO FILE DOCUMENT UNDER SEAL

 

A) If pursuant to a prior Court Order:

Docket Number of Case in Which Entered:
Application for a Search Warrant for Judge/Magistrate Judge.

Informatlon 1n Possessmn of Google Inc. Date Entered:

 

 

 

   

  



Docket Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 


B) If a 1131?; application, the statute, regulation, or other legal basis that
SUBMITTED BY: Plaintiff_ Defendant_ DOJ authorizes ?ling under seal
Name: Michael T. Keilty
Fifm NamerSAO
Address: 271 Cadman Plaza East
Brooklyn, New York 11201
Phone Number: 718-254-7528 1 ORDERED SEALED AND PLACED IN THE OFFICE,
E?Maii gov AND MAY BE UNSEALED UNLESS ORDERED BY
THE COURT.
INDICATE UPON THE. PUBLIC DOCKET SHEET: YES NO s/
If yes, state description of document to be entered on docket sheet: DATED: Br00k1m_ NEW YORK
100! 1 Ala. 
w.S. DIST: 

 

 

 

RECEIVED IN OFFICE 12/16/17
DATE

 

 

MANDATORY CERTIFICATION OF SERVICE: 

A.) A copy of this application either has been or will be served upon all parties to this action, B.) Service is excused by 31 [5.8.0 3730(1)), or by
the following other statute or regulation: or C.) This is a criminal document submitted, and ?ight public safety, or security are significant concerns.
(Check one)

 

  

.3

12/16/16 

DATE NATURE