Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 1 of 13 PAGEID #: 1 AO I 06 (Rev . 04/10) Application for a Search Warrant AUSA Jessica Kim 1•1·oocc L / 8 fM fl: 06 Southern District of Ohio In the Matter of the Search of (Briefly describe the property to be searched or identify the person by name and address) The person of STEPHEN M. MCQUEEN DOB: 09/12/1989, SSN: 407-37-1469 ..,/iJ . s' 11·11::.''ii .. { .: ,. .- _:", ;·, t i ) ) ·~ I: • • I r~11·. ,J' \ 2'·: ·1 !8rmy.9/s} 5 ' ) , · r\ 1 • • ' - t I • • t .; ! • ' 1 Case No. ) ) ) APPLICATION FOR A SEARCH WARRANT I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under penalty of perjury that I have reason to believe that on the following person or property (identify the person or describe the property to be searched and give its location): See Attachment A located in the Southern District of Ohio , there is now concealed (identify the ~----------- person or describe the property to be seized): See Attachment B and/or attached Affidavit The basis for the search under Fed. R. Crim. P. 41 (c) is (check one or more) : ~evidence of a crime; ~contraband, fruits of crime, or other items illegally possessed; ~property designed for use, intended for use, or used in committing a crime; 0 a person to be arrested or a person who is unlawfully restrained. The search is related to a violation of: Code Section Offense Description 18 U.S.C. 371 , 1028A, 1030 18 U.S.C. 922(g)(3) 21 U.S.C. 841 and 844 Conspiracy to commit offenses, aggravated identity theft, computer intrusion Unlawful user of a controlled substance in possession of a firearm/ammunition Manufacturing and possession of a controlled substance The application is based on these facts: See attached Affidavit ~ Continued on the attached sheet. 0 Delayed notice of days (give exact ending date if more than 30 days: _ _ _ _ _ )is requested undec 18 U.S.C. § 3103a, the bas;s ofwhkh ;s se~~ Applicant 's signature Alexandra Cassar, Special Agent, FBI Printed name and title Sworn to before me and signed in my presence. Date: l 2 - I l- - / t' Judge 's signature City and state: Columbus, Ohio - Hon. Chelsey M. Vascura , U.S. Magistrate Judge Printed name and title Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 2 of 13 PAGEID #: 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DMSION IN THE MATTER OF THE SEARCH OF: Case No. The person of STEPHEN M. MCQUEEN DOB: 09/12/1989 SSN: 407-37-1469 2 : J. 8 mj 9 1 5 UNDER SEAL AFFIDAVIT IN SUPPORT OF AN APPLICATION UNDER RULE 41 FOR AWARRANT TO SEARCH AND SEIZE I, Alexandra Cassar, being first duly sworn, hereby depose and state as follows: INTRODUCTION AND AGENT BACKGROUND 1. I make this affidavit in support of an application under Rule 41 of the Federal Rules of Criminal Procedure for a search warrant authorizing the search of the individual described in Attachment A, for the seizure of items described in Attachment B. 2. I am a Special Agent with the Federal Bureau oflnvestigation (FBI), assigned to the Omaha Field Office, and have been since October 2014. I began working with the FBI in September 2010, as an Intelligence Analyst. During my time with the FBI, I have spent approximately eight months studying various academic matters at the FBI academy in Quantico, Virginia. I am also a graduate of Michigan State University earning both a Bachelor of Arts in Criminal Justice and a Master of Science in Criminal Justice. As such, "investigative or law enforcement officer" within the meaning ofTitle 18, United States Code, Section 2510(7); that is, an officer of the United States empowered by law to conduct investigations of, and make arrests for, offenses enumerated in 18 U.S.C. § 2516. 1 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 3 of 13 PAGEID #: 3 3. During my tenure as a Special Agent with the FBI, I have been assigned to work on various types of invf;!stigations, including federal criminal violations related to cybercrime, narcotics, and firearms. I have experience in the execution of search warrants and the debriefing of defendants, witnesses, informants, and other persons who have knowledge of various types of illegal activities. 4. I, along with other agents and officers from the FBI have been investigating the Discord, Inc. (hereinafter, "Discord") server "HellsGate" which, for a fee, users could register for and access "generated" credentials. Discord is an online voice and text chat communication platform. Over the course of the investigation, I have become familiar with the website, as well as its administrators. In my training and experience, I believe the account credentials generated on the website belong to unwitting victims whose credentials have been stolen or are otherwise being used without permission. 5. The facts set forth below are based upon my own observations and experience with this investigation, as well as investigative reports and information provided to me by other federal and state faw enforcement officers. This affidavit is being submitted for the limited purpose of demonstrating probable cause to obtain a DNA, urine, and/or blood sample from Stephen M. McQueen. For that reason, I have not included each and every fact known to me concerning this investigation. PROBABLE CAUSE 6. Based on my training and experience, as well as information obtained from (i) various legal process to include electronic search warrants; (ii) federal and state law enforcement officers; (iii) public database searches; and (v) the ongoing investigation of the FBI, there is probable cause to believe that violations of21 U.S.C. §§ 841 and 844 (Manufacturing and 2 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 4 of 13 PAGEID #: 4 Possession ofa Controlled Substance) and 18 U.S.C. § 922(g)(3) (Unlawful User of a Controlled Substance in Possession of a Firearm or Ammunition) have been committed by Stephen M. McQueen. 7. Based on multiple issuances of legal process to various companies and open- source research, the FBI has been able to identify Discord, Inc. (hereinafter, "Discord"), an online voice and text chat communication platform, user "_Marijuana_" account as Stephen M. McQueen (MCQUEEN), date of birth (DOB) September 12, 1989, social security number (SSN) 407-37-1469, FBI number 503109DD9, Kentucky state identification number KYA060235, currently residing at 4538 Saint Anthony Lane, Whitehall, Ohio. MCQUEEN has a criminal history involving domestic violence. 8. In June 2018, the FBI served Discord with legal process requesting information related to the user, "_Marijuana_". In September 2018, Discord provided the FBI with information related to Discord user "_Marijuana_" a/k/a Discord user "_2Pac_". During the course of this investigation, I learned that Discord users have the ability to change his or her usemame, but the Discord user identification number would remain the same. The Discord user's "_Marijuana_" and "_2Pac_" had the same Discord identification number. 3 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 5 of 13 PAGEID #: 5 Firearms 9. On or about January 25 , 2018, the user, MCQUEEN, using the usemame, "_Marijuana_", posted a picture on the Hellsgate server of a small bong with a green leafy substance consistent with the texture and appearance of marijuana in the bowl. Your affiant knows from training and experience that bongs are typically used for smoking marijuana. Furthermore, a Smith and Wesson semi-automatic pistol and a lighter appeared to be sitting in his lap. This image is further depicted below in a snapshot of the forum : 10. On February 14, 2018, MCQUEEN posted that he was an NRA member and both him and "MrsDemon" held Carrying a Concealed Weapon (CCW) permits. Furthermore, "_Marijuana_" added that he owned 48 guns, 3 AR15s, 2 ARI Os, and 6 bump stocks. 4 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 6 of 13 PAGEID #: 6 Manufacturing and Possession of Narcotics 11. In addition to MCQUEEN utilizing the Discord usemame "_Marijuana_", he also made many references to using marijuana. For example, in a chat message on or around April 18, 2017, in the Hellsgate Discord server with "MrsDemon", "_Marijuana_", a/k/a "_2Pac_", stated: "you could help me out on the site lol. To Do List today: 1. get high (done) 2. get coffee (loading.... ) 3. back up GHF (Queued) 4. update all 11 twitters (Queued) 5. post 50-150 new things on ghf (Queued) 6. start 3 new contests (Queued) 7. Get high again (Queued) 8. get shop finished (Queued) 9. More Coffee (Queued)". Additionally, "_Marijuana_" had the following chat message with "MrsDemon" on or around May 21, 2017: Mrs Demon: wanna make them taquitos? - 2Pac- : let me smoke this bowl then i will Mrs Demon: k - 2Pac: - maybe braiden will be awake lo/ Mrs Demon: lo/ k Through open-source research and analysis of legal process, your affiant knows that "braiden" refers to Braiden, one of MCQUEEN and MAYNARD's children. The couple has three children. 12. Based on multiple issuances oflegal process to various companies and open- source research, the FBI identified the Discord user "MrsDemon" as Tiffany Maynard (MAYNARD), a/k/a Tiffany Bringle, a/k/a Tiffany Mannis, a/k/a Tiffany McQueen, DOB November 7, 1994, SSN 232-43-4521, currently residing with MCQUEEN. 13. In the following conversation with Discord user "BluesClues", in April 2017, MCQUEEN mentioned that he would talk to "BluesClues" after MCQUEEN's dealer showed up: 5 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 7 of 13 PAGEID #: 7 14. BluesClues: what u been up to ma bro? - 2Pac- : working on twitters bored ·waiting on my dealer BluesClues: i was gunna smoke a Iii n play some skill been a long, interesting day if u want to hmu im down - 2Pac- : give me few waiting on dealer to knock on door BluesClues: all good ma dude In March 2018, MCQUEEN discussed growing marijuana plants in detail with the Discord user, "rOotz-ee". MCQUEEN also stated he planned to keep a little of the product for himself, but wanted to store the rest, with the ultimate goal of selling to his "boss" and other people, who are always looked for marijuana in the winter. MCQUEEN also shared that he used to sell marijuana for his father and cooked meth years ago. - 2Pac- : what i plan on doing between u and me, is growing all summer only keeping out alittle for myselfand putting the rest in mason jars sealed and saving it all up until winter and selling it to my boss and hand.full ofother pp/ i've known for years, that are always looking in the winter. and using that $ to buy couple more small tents or I big I rOotz-ee: good way to make extra funds for sure - 2Pac- : and using the funds to pay my fines off to get my DL back rOotz-ee: were planning on getting rid of a little ofwhat we grow aswell - 2Pac- : i use to sling about a lb a week for dad but i would always walk down the street and meet them never brought them to my crib and never took more then what they asked 4 and kept it in I bag rOotz-ee: good protocols indeed' 6 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 8 of 13 PAGEID #: 8 15. _2Pac_: not into a content to sell charge rOotz-ee: ifyou start growing keep that on the extreme di bro trust very few if any just some advice - 2Pac- : i just wonder how much i will end up with if i grow constant until about nov starting next month it could be 1 Ooz it could be 5/bs u honestly never know sometimes rOotz-ee: four plants to a elbow in most cases - 2Pac- : only person i trust talking about this stuff on the internet is you and dad ngl rOotz-ee: im just saying in general - 2Pac- : and i dont answer priv numbers and i screen all my calls done spent 5 yrs for dumb ass ideas cooking meth years back a lot oftraffic throws flags In May 2018, MCQUEEN shared with the user "rOotz-ee", that ifMCQUEEN's measurements were correct, he could grow between nine and 11 plants in the new tent, which would yield upwards of half pound or more per plant. MCQUEEN stated that "18 clones all took root." 16. In addition to chat messages, Discord also provided photographs and attachments associated with the user profiles. Specifically, the FBI received photographs associated with MCQUEEN's user account that included images of MCQUEEN smoking unknown substances. One picture in particular was of MCQUEEN smoking from a glass pipe, further depicted below: 7 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 9 of 13 PAGEID #: 9 Your affiant knows from training and experience that glass pipes are frequently used for smoking marijuana, cocaine base, and/or methamphetamine. There are also multiple images of a green leafy substance resembling marijuana, drug paraphernalia, and images of glass pipes filled a green leafy substance resembling marijuana. Furthermore, there are multiple pictures of plants resembling marijuana at various stages of growth. 17. In a March 2018, chat message, MCQUEEN stated that he was running the forum , " lvlarijuana.xyz", and described it as, "str8 weed related" . This forum name was further depicted in an image containing a sign that stated, " lviarijuana.xyz Steve 0 The Grow Room." Also contained in the picture were five cups/planters filled with soil: 8 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 10 of 13 PAGEID #: 10 18. Based upon my training and experience, I know that Smith and Wesson firearms are not manufactured in Ohio. Indeed, the overwhelming majority of firearms present in the State of Ohio are not manufactured within the State of Ohio. Additionally, based on my experience and training as an investigator, I know that marijuana metabolites can remain detectable in urine for as long as 28 days or more following the most recent use of marijuana. CONCLUSION 19. Based on the information provided in this affidavit, there is probable cause to believe that violations of 21 U.S .C. §§ 841and 844 (Manufacturing and Possession ofa Controlled Substance) and 18 U.S .C. § 922(g)(3) (Unlawful User of a Controlled Substance in Possession of a Firearm or Ammunition) have been committed and/or are being committed. In addition, there is probable cause to believe that evidence of these offenses, as described in Attachment B, will be found on the person described in Attachment A. 9 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 11 of 13 PAGEID #: 11 20. In light of the foregoing, authorization is requested to obtain a sample of MCQUEEN's DNA, urine, and/or blood and to analyze that sample for the presence of controlled substances. Furthermore, if MCQUEEN refuses to provide a urine sample when presented with authorization to obtain such sample, authorization is requested to forcibly obtain such urine for analysis by the use of a catheter. REQUEST FOR SEALING 21. I further request that the Court order that all papers in support of this application, including the affidavit 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. Special Agent Federal Bureau of Investigation Subscribed and sworn to before me on December / \( , 2018. Honorable Chei¥yM. VascurV UNITED STATES MAGISTRATE JUDGE 10 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 12 of 13 PAGEID #: 12 ATTACHMENT A PERSON TO BE SEARCHED The person to be searched is STEPHEN M. MCQUEEN, DOB: 09/12/1989; SSN: 40737-1469, FBI number 503109DD9, Kentucky state identification number KYA060235. MCQUEEN currently resides at 4538 Saint Anthony Lane, Whitehall, Ohio. 11 Case: 2:18-mj-00915-CMV Doc #: 1 Filed: 12/18/18 Page: 13 of 13 PAGEID #: 13 ATTACHMENT B PROPERTY TO BE SEIZED The items to be seized are: 1. Saliva and topical and/or oral skin cells from the person of STEPHEN M. MCQUEEN; 2. Urine sample from STEPHEN M. MCQUEEN; and/or 3. Blood sample from the person of STEPHEN M. MCQUEEN. A law enforcement officer will obtain these items by employing standard ONA, urine, and/or blood collection procedures. 12