Case Document 43-8 Filed 03/19/19 Page 1 of 62 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK IN THE MATTER OF THE USE OF A CELL- SITE SDEJLATDR TO LOCATE TI-IE lacs. 7 CELLULAR DEVICES ASSIGNED CALL - - NUMBERS AND Filed Under Seal AFFIDAWT IN SUPPORT OF AN APPLICATION FOR A SEARCH WARRANT 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 under Federal Rule of Criminal Procedure 41 to authorize law enforcement to employ an electronic investigative technique, which is described in Attachment B, to determine the location of the cellular devices assigned call numbers _and (the ?Target Cellular Devices?), which are described in Attachment A. 3. The facts in this af?davit come ?om my personal observations, my trainmg and experience, and information obtained from other agents and witnesses. This af?davit is intended to show merely that there is suf?cient probable causefor the requested warrant and does not set forth all ofmy knowledge about this matter. - . Case Document 43-8 Filed 03/19/19 Page 2 of 62 One purpose of applying for this warrant is to determine with precision the Target Cellular Devices? location. However, there is reason to believe the Target Cellular Devices are currently located somewhere within this district because the Target Cellular Devices? owner is known to spend most of his time in this district. Pursuant to Rule law enforcement may locate the Target Cellular Devices outside the district provided the device is within the district when the warrant is issued. Based on the facts set forth in this affidavit, there is probable cause to believe that -.-- violations of 52 U.S.C. 30116(a)(1)(A) and 30109(d)(1)(A)(1) (illegal campaign contributions) (the ?Subject Offense?) has been committed, are being committed, and will be committed by Michael Cohen and others. There is also probable cause to believe that the location of the Target Cellular Devices will lead to evidence of the Subject Offense, as detailed below. 6. Because collecting the information authorized by this warrant may fall within the statutory de?nitions of a ?pen register? or a ?trap and trace device,? see 18 U.S.C. 3121(3) 35 (4), this warrant is designed to comply with the Pen Register Statute as well as Rule 41. See 18 U.S.C. 3121-3121. This warrant therefore includes all the information required to be included in a pen register order. See 18 U.S.C. 3123(b)(l). PROBABLE CAUSE Introduction 7. The United States Attorney's Of?ce for the Southern District of New York. and the FBI are investigating a criminal violation of the campaign ?nance laws by Michael Cohen, a lawer who holds himself out as the personal attorney for President Donald J. Trump. As detailed below, there is probable cause to believe that 2 Case Document 43-8 Filed 03/19/19 Page 3 of 62 8. The Target Cellular Devices referenced in this Af?davit are the cellphones assigned call numbers?and - As further discussed below, the Target Cellular Devices are subscribed to in the name of Michael Cohen {the The Subscriber is believed _to use the Target Cellphones and is a ?target Subject of this investigation. is the Service Provider for the Target Cellphones. Prior Relevant Process 9. In connection with an investigation then being conducted by the Of?ce of the Special Counsel the FBI sought and obtained from the Honorable Beryl A. Howell, Chief United States District Judge for the District of Columbia, three search warrants for emails and other content information associated with two email accounts used by Cohen, and one search warrant for stored content associated with an iCloud account used by Cohen. Speci?cally: a On or about July 13, 2017, the FBI sought and obtained a search warrant for emails in the (the ?Cohen (Email Account?) sent or received between January 1, 2016 and July 13, 2017 (the ?First Cohen Gmail Warrant?). b. On or about August 2017, the FBI sought and obtained a search warrant for content stoned in the iCloud account associated with Apple ID -@gmai1.com {the ?Cohen iCloud Account? and the ?Cohen iCloud Warrant?). c. On or about November 13, 201?, the FBI sought and obtained a search warrant for emails in the Cohen Gmail Account sent or received between June 1, 2015 and November 13, 2017 (the ?Second Cohen Gmail Warrant?). i .- -: - -. - -.-.-.-.. mi- --.-.- - 1 nutty an only?: - -. Case Document 43-8 Filed 03/19/19 Page 4 of 62 d. On or about November 13, 201?, the FBI sought and obtained a search warrant for emails in the account ?Cohen Account?) sent or received between the opening of the Cohen account1 and November 13, 2017 [the ?First Cohen Warranf?). 10. The SCO has since referred certain aspects of its investigation into Cohen to the USAO, which is working with the New York Field Of?ce. 11. On or about February 23, ans, the usao and Fat sought and obtained search warrants for emails in Cohen Gmail Account and Cohen Account, among other accounts, sent or received between November 14, 2017 and February 28, 2013 (the ?Third Cohen Grnail Warrant? and ?Second Cohen Warrant?)? 12. The above-described warrants are referred to herein as the ?Cohen Emails Warrants? and, with respect to the iCloud Warrant, the ?Cohen iCloud Warrant.? The Illegal Campaign Contribution Scheme 1 Based on my review of this warrant and the af?davit in support of it, I know that the warrant did not specify a time period, but the af?davit indicated that, pursuant to court order, the service provider had provided non-content information for the Cohen Account that indicated that the account contained emails from the approximate period of March 2017 through the date of the warrant. 2 On or about February 28, 2018 and April 7, 2018, the USAO and FBI sought and obtained Rule 41 search warrants authorizing the search of emails and content obtained pursuant to previously issued warrants for additional subject o??enses. - . Case Document 43-8 Filed 03/19/19 Page 5 of 62 Case Document 43-8 Filed 03/19/19 Page 6 of 62 Case Document 43-8 Filed 03/19/19 Page 7 of 62 Case Document 43-8 Filed 03/19/19 Page 8 of 62 Case Document 43-8 Filed 03/19/19 Page 9 of 62 Case Document 43-8 Filed 03/19/19 Page 10 of 62 Case Document 43-8 Filed 03/19/19 Page 11 of 62 Case Document 43-8 Filed 03/19/19 Page 12 of 62- Case Document 43-8 Filed 03/19/19 Page 13 of 62 Case Document 43-8 Filed 03/19/19 Page 14 of 62 Case Document 43-8 Filed 03/19/19 Page 15 of 62 Case Document 43-8 Filed 03/19/19 Page 16 of 62 Case Document 43-8 Filed 03/19/19 Page 17 of 62 Case Document 43-8 Filed 03/19/19 Page 18 of 62 Case Document 43-8 Filed 03/19/19 Page 19 of 62 Case Document 43-8 Filed 03/19/19 Page 20 of 62 Case Document 43-8 Filed 03/19/19 Page 21 of 62 Case Document 43-8 Filed 03/19/19 Page 22 of 62 Case Document 43-8 Filed 03/19/19 Page 23 of 62 23. I have reviewed records maintained by from which I have learned, in substance and in part, that the Target Cellular Devices are still active. Based on my training and entperience, my familiarity with this investigation, and the information set forth above, I therefore believe that the requested data will lead to evidence of the Subject Offense. Speci?cally, information will lead to the present location of the Target Cellular Devices; law enforcement may then obtain evidence from the Target Cellular Devices, by subpoena or search want ?We but ?mitt 23 . Case Document 43-8 Filed 03/19/19 Page 24 of 62 Case Document 43-8 Filed 03/19/19 Page 25 of 62 AUTHORIZATION 32, Based on the foregoing, I recluest that the Court issue the proposed search warrant, pursuant to Federal Rule of Criminal Procedure 41. The proposed warrant also will function as a pen register order under 13 U.S.C. 3123. 33. I further request, pursuant to 18 U.S.C. 3103a(b) and Federal Rule of Criminal Procedure that the Court authorize the of?cer executing the warrant to delay notice until 30 days from the end of the period of authorized surveillance. This delay isjusti?ed because there is reasonable cause to believe that providing immediate noti?cation of the warrant may have an adverse result, as de?ned in 18 U.S.C. 2705. Providing immediate notice to the subscriber or user of the Target Cellular Devices would serioust jeopardize the ongoing investigation, as such a disclosure would give that person an opportunity to destroy evidence, change patterns of behavior, and notify oonfederates. See 13 U.S.C. 3103a(b)(1). There is reasonable necessity for the use of the technique described above, for the reasons set forth above. See ts use, ?3103a(b)(2Case Document 43-8 Filed 03/19/19 Page 26 of 62 34. '1 further request that the Court authorize execution of the warrant at any time of day or night, owing to the potential need to locate the Target Cellular Devices outside of daytime hours. 35. I further request that the Court order that all papers in support of this application, including the a?idavit and search warrant, be sealed until ?trther order of the Court. These documents discuss an ongoing criminal investigation that is neither public nor known to all of the targets__oftheinvestigation. Accordingly, there__is__,good cause to seal these documents. - because their premature disclosure may seriously jeopardize that investigation. 36. A search warrant may not be legally necessary to compel the investigative technique described herein. Nevertheless, I hereby submit this warrant application out of an abundance of caution. Respect?rlly submitted, Federal Bureau of Investigation 7- r: 1. . Subscribed and sworn to before If. UNIT-5D statics MAGISTRATE tuner..-: .4 - - - 7n: Tum! Tm Case Document 43-8 Filed 03/19/19 Page 27 of 62 THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 8 AG 2 9 '7 4 SITE SIMULATOR To LOCATE THE Case CELLULAR ASSIGNED CALL NUMBERS AND Filed Under Seal waamr AND canoe or sumomrton TO: Special Agents of the Federal Bureau of Investigation and? Other Authorized Personnel I. Findings The Court hereby ?nds: 1. Upon an af?davit of Special Agent - of the Federal Bureau of Investigation (?Af?davit?) and pursuant to Federal Rule of Criminal Procedure 41, there is probable cause to believe that violations of 52 30116(a)(1)(A) and 30109(d)(1)(A)(1) (illegal campaign contributions) (the ?Subject Offense?) have been committed by Michael Cohen (the ?Target Subject?), and that the Target Subject uses cellular devices assigned call numbers ?the (?Target Cellular Devices?), which are described in Attachment A. Further, there is probable cause to believe that the location of the Target Cellular Device will constitute evidence of the Subject Offense. Speci?cally, there is probable cause to believe that the location of the Target Cellular Devices will constitute evidence of those criminal violations, including leading to the location of the Target Cellular Devices, on which there is probable cause to believe evidence of these offenses exist, as detailed below. 2. Pursth to 18 U.S.C. 3123(b)(l), the has certi?ed that the pen register information for the Target Cellular Devices is relevant to an ongoing investigation by the a-w - Case Document 43-8 Filed 03/19/19 Page 28 of 62 Investigating Agency of the Target Subject and others unknown in connection with suspected violations ot?the Subject Offense. NOW, THEREFORE, pursuant to Fed. R, Crim. P. 41, 13 3121 et seq, and 18 U.S.C. 3103a, IT IS HEREBY ORDERED: II. Warrant and Order of Authorization 3. Warrant. Law enforcement agents and other authorized law enforcement of?cials are hereby authorized to employ an electronic investigative technique, which is described in Attachment B, to the determine the location of the Target Cellular Devices, which are described in Attachment A. 4. Data Collection and Retention, In the course of employing the technique, law enforcement agents and other authorized law enforcement of?cials must make reasonable efforts to limit interference with cellular devices other than the Target Cellular Devices, mu st delete information collected from cellular devices other than the Target Cellular Devices once the Target Cellular Devices is located, and are prohibited from using data acquired beyond that necessary to locate the Target Cellular Devices, absent further order of the Court. 5. Delayed Notice, Pursuant to 18 U.S.C. 3103a?a) and Federal Rule of Criminal Procedure the Court authorizes the emcer executing the warrant to delay in notice until 30 days from the end of the period of authorized surveillance. This delay is justi?ed because there is reasonable cause to believe that providing immediate noti?cation of the warrant may have an adverse result, asdefined in 18 U.S.C. 2705. Providing immediate notice to the subscriber or user of the Target Cellular Devices would seriously jeopardize the ongoing investigation, as such a disclosure would give that person an opportunity to destroy evidence, change patterns of behavior, and notify confederates. See 13 U.S.C. There is reasonable necessity 2 . .- 'rx- -. - - Case Document 43-8 Filed 03/19/19 Page the technique described above, for the reasons set forth above. See 13 U.S.C. 3103a(b)(2). 6. Time of Execution. The Court authorizes execution of this Warrant at an},r time of day or night, owing to the potential need to locate the Target Cellular Devices outside of daytime hours. 7. Sealing. This Warrant and Order, and the supporting agent Affidavit, shall be may WithUUt further 01136" 9f this Court: provide copies of the Warrant and Order or the supporting Application and Agent A?idavit as need be to personnel assisting the Government in the investigation and prosecution of this matter; and disclose these materials as necessary to comply with discovery and disclosure obligations in any prosecutions related to this matter. Dated: New York, New York a Hr a ear? Date Issued Time Issued UNITED: stains WGISTRATE runGE Southern?Distr-iet of NW York- . .. - - - -..-.- - -: -.-.. Case Document 43-8 Filed 03/19/19 Page 30 of 62 ATTACHMENT A This warrant authorizes the use of the electronic investigative technique described in Attachment to identify the location of the cellular devices assigned phone numbers - _whose wireless provider is and whose listed subscriber is Michael Cohen. - - - . .. Case Document 43-8 Filed 03/19/19 Page 31 of 62 i Pursuant to an investigation of Michael Cohen for a violation of 52 USS. 30116(a)(1)(A) and 30109(d)(1)(A)(1) (illegal campaign contributions) (the ?Subject Offense?), this Warrant authorizes the of?cers to whom it is directed to determine the location of the cellular devices identi?ed in Attachment A by collecting and examining: -. . for a period of thirty days, during all times of day and night. This warrant does not authorize the interception of any telephone calls, text messages, other electronic and this i warrant prohibits the seizure of any tangible property. The Court ?nds reasonable necessity for the use of the technique authorized above. See 13 U.S.C. Case Document 43-8 Filed 03/19/19 Page 32 of 62 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK IN THE MATTER OF THE USE or A CELL- SITE SIMULATOR To LOCATE THE Case No. CELLULAR DEVICES ASSIGNED CALL NUMBERS AND - Filed Under Seal AFFIDAVIT IN SUPPORT OF - - being ?rst duly.T sworn, hereby-depose and state as follows: EITRODUCTION AND AGENT BACKGROUND AN APPLICATION FOR WARRANT I make this af?davit in support of an application for a search warrant under Federal Rule of Criminal Procedure 41 to authorize law enforcement to employ an electronic investigative technique, which is described in Attachment B, to determine the location of the cellular devices assigned call numbers ?(the I?Target Cellular Devices?), whieh are deseribed in Attachment A. 3. The facts in this a?idavit come from my personal observations, my training and experience, and information obtained ?om other agents and witnesses. This af?davit is intended to show merely that there is suf?cient probable cause for the requested warrant and does not set forth all of my knowledge about this matter. .. -.: -.-. . .. . .. .. Case Document 43-8 Filed 03/19/19 Page 33 of 62 4. One purpose of applying for this warrant is to determine with precision the Target 8 Cellular Devices? location. However, there is reason to believe the Target Cellular Devices are currently located somewhere within this district because the Target Cellular Devices? owner is known to spend most of his time in this district. Pursuant to Rule law enforcement may locate the Target Cellular Devices outside the district provided the device is within the district . when the warrant is issued. 1 i 5. Based on the facts set forth in this af?davit, there is probable cause to believe that violations of 52 U. S. C. 30116(a)(1)(A) and 30109(d)(1)(A)(1) (illegal campaign contributions) (the ?Subject Offense?) has been committed, are being committed, and will be committed by Michael Cohen and others. There is also probable cause to believe that the location of the Target Cellular Devices will lead to evidence of the Subject Offense, as detailed below. 6. Because collecting the information authorized by this warrant may fall within the statutory. de?nitions of a ?pen register? or a ?trap and trace device,? see 18 U.S.C., 3127(3) (4), this warrant is designed to comply with the Pen Register Statute as well as Rule 41. See 18 U.S.C. 3121?3127. This warrant therefore includes all the information required to be included . in a pen register order. See 18 U.S.C. 3123(b)(1). PROBABLE CAUSE Introduction 7. . The United States Attorney?s Office for the Southern District of New. York and the FBI are investigating'a criminal violation of the campaign finance laws by Michael Cohen, a lawyer who holds himself out as the personal attorney for President Donald J. Trump. As detailed below, there is probable cause to believe 2 . Case Document 43-8 Filed 03/19/19 Page 34 of 62' 8. The Target Cellular Devices referenced in this Af?davit are the cellphones assigned call numbers?As further discussed below, the Target Cellular Devices are subscribed to in the name of Michael Cohen (the The Subscriber 1s believed to?us'e the and 1s dTajrg?et?Subje'ct ofthis mvestrgatrom'? is the Service Provider for the Target Cellphones. Prior Relevant Process 9. In connection with an investigation then being conducted by the Office-of . the Special Counsel the FBI sought and obtained from the Honorable Beryl A. Howell,- Chief United States District 'Judge for the District of Columbia, three search warrants for emails and other content infonnation associated with two email accounts used by Cohen, and one search warrant for stored content associated with an iCloud account used by Cohen. Speci?cally: a. On or about July 13, 2017, the FBI sought and obtained a search warrant for emails in the account ?Cohen Gmail Account?) sent or received betrveen Januaiw 1, 2016. and July 18, 2017 (the ?First Cohen Gmail Warrant?) b. On or about August 8, 2017, the FBI sought and obtained a search warrant for content stored in the iCloud account associated with Apple ID -@gmail.coni (the ?Cohen iCloud Account? and the ?Cohen iCloud Warrant?). c. On or about November 13, 2017, the FBI sought and obtained a search warrant for emails in the Cohen Gmail Account sent or received between June 1, 201 5 and November 13, 2017 (the ?Second Cohen Gmail Warrant?). - - -. - - .-. Case Document 43-8 Filed 03/19/19 Page about November 13, 201?, the FBI sought and obtained a search warrant for emails in the account '_{the ?Cohen Account?) sent or received between 'the opening of the Cohen Account1 and November 13, 2017 (the ?First Cohen Warrant?). 10. The ECU has since referred certain aspects of its investigation into Cohen to the USAO, which is working with the New York Field Of?ce. 11. On or about February 28, 2018, the USAO and FBI sought and obtained search warraijt?s for emails in Cohen Gmail Account andCohen Account, among other accounts, sent or received between November 14, 2017 and February 23, 2018 (the ?Third Cohen Gmaii Warrant? and ?Second Cohen 12.' The above?described warrants are referred to herein as the ?Cohen Emails Warrants? and, with respect to the iCioud Warrant, the ?Cohen iCloud Warrant.? The Diesel Campaign Contribution Scheme 1 Based on my review of this warrant and the af?davit in support of it, I know that the warrant did not specify a time period, but the a?idavit indicated that, pursuant to court order, the service provider had provided non-content information for the Cohen Account that indicated that the account contained emails fromthe approximate period of March 2017 through the date of the warrant. 2 On or about February 28, 2018 and April 7, 2018, and FBI sought and obtained Rule 41 search warrants authorizing the search of emails and content obtained pursuant to previously issued warrants for additional subject offenses. Case Document 43-8 Filed 03/19/19 Page 36 of 62 Case Document 43-8 Filed 03/19/19 Page 37 of 62 3 My attribution of certain telephone numbers to certain individuals as described in . this ai?davit is based on In}r review of the T?Card (virtual contact ?le) and text messages obtained fl?Ol?tl Cohen?s telephone pursuant to the iCleud Warrant. 6 Case Document 43-8 Filed 03/19/19 Page 38 of 62 Case Document 43-8 Filed 03/19/19 Page 39 of 62 Case Document 43-8 Filed 03/19/19 Page 40 of 62 Case Document 43-8 Filed 03/19/19 Page 41 of 62 Case Document 43-8 Filed 03/19/19 Page.42 of 62 Case Document 43-8 Filed 03/19/19 Page 43 of 62 Case Document 43-8 Filed 03/19/19 Page 44 of 62 Case Document 43-8- Filed 03/19/19 Page 45 of 62 Case Document 43-8 Filed 03/19/19 Page 46 of 62 Case Document 43-8 Filed 03/19/19 Page 47 of.62 Case Document 43-8 Filed 03/19/19 Page 48 of 62 Case Document 43-8 Filed 03/19/19 Page 49_of 62 Case Document 43-8 Filed 03/19/19 Page 50 of 62 Case Document 43-8 Filed 03/19/19 Page 51 of'62 Case Document 43-8 Filed 03/19/19 Page 52 of 62 Case Document 43-8 . Filed 03/19/19 Page 53 of 62 Case Document 43-8 Filed 03/19/19 Page 54 of 62 28. I have reviewed records maintained by from which I have learned, in substance and in part, that the Target Cellular Devices are still'active. Based on my training and experience, my familiarity with this investigation, and the information set forth above, I therefore believe that the requested data will lead to evidence of the Subject Offense. Speci?cally, information will lead to'the present location of the Target Cellular Devices; law enforcement may then obtain evidence from the Target Cellular Devices, by subpoena or search warrant, including but not limited t? i .. . Case Do?ument 43-8 Filed 03/19/19 Page 55 of 62 Case Document 43-8 Filed 03/19/19 Page 56 of 62 AUTHORIZATION QUEST 32. Based on the foregoing, I request that the Court issue the proposed search warrant, pursuant to Federal Rule of Crhninal Procedure 41. The proposed warrant also will ?mction as a pen register order under 13 U.S.C. 3123.. 33. I further request, pursuant to 18 U.S.C, 3103a(b) and Federal Rule of Criminal Procedure that the Court authorize the of?cer executing the warrant to delayr notice until 30 days from the end of the period of authorized surveillance. This delay is justi?ed because there is reasonable cause to believe that providing noti?cation of the warrant may have an adverse result, as de?ned in 13 2?05. Providing immediate notice to the subscriber or user of the Target Cellular Devices would seriously jeopardize the ongoing investigation, as such a disclosure would give that person an opportunity to destroy evidence, change patterns of behavior, and notify confederates. See 13 U.S.C. 3103a(b)(1). There is reasonable necessity ?for the use of the technique described above, for the reasons set _forth above. 'Ses 18 use. 3103a(b)(2Case Document 43-8 Filed'03/19/19 Page 57 of 62 34. . I further request that the Court authorize execution of the warrant at any time of day or night: owing'to the potential need to locate the Target Cellular Devices outside of daytime hours. 35. I further request that the Court order that all papers in support of this application, 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 investigation. Accordingly: there is ggod cause to seal these documents because their premattn?e disclosure may seriously jeopardize that investigation. 36. A search warrant may not be legally necessary to compel the investigative technique described herein. Nevertheless, I hereby submit this warrant application out of an abundance of caution. Respectfully submitted, Federal Bureau or investiganon Subscribed and sworn to before me 011: dam. mam?" E/Haocv armored UNITED STATES MAGISTRATE JUDGE 26 Case Document 43-8 Filed 03/19/19 Page 58 of 62 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK IN THE MATTER OF THE USE OF A CELL- SITE TO LOCATE THE Case NO. CELLULAR DEVICES ASSIGNED CALL NUMBERS Filed Under Seal WARRANT DEER or AUTHORIZATION TO: Special Agents of the ?shers] Bureau of Investigation and Other Authorized Pei'srr?hel I, Findings The Court herebv fmds: 1. Upon an af?davit of Special Agent -of the Federal Bureau Of Investigation (?Af?davit?) and to Federal Rule of Criminal Procedure 41, there is probable cause to believe that violations of 52 U.S.C. and 30109(d)(l)(A)(1) (illegal campaign contributions) (the ?Subject Offense?) have been committed by Michael Cohen (the ?Target Subject?), and that the Target Subject uses cellular devices assigned call numbers ?the (?Target Cellular Devices?), which are described in Attachment A. Further, there is probable cause to believe that the location of the Target Cellular Device will constitute evidence of the Subject Offense. - Speci?cally, there is probable'cause to believe that the location of the Target Cellular Devices will constitute evidence of those criminal violations, including leading to the location of the Target Cellular Devices, on which there is probable cause to believe evidence of these offenses eitist, as detailed below. 2. Pursuant to 13 use 3 123(b)(1), the Government has certi?ed that the pen register information for the Target Cellular Devices is relevant to an ongoing investigation by the 7 Case Document 43-8 Filed 03/19/19 Page 59 of 62 . Investigating Agency of the Target Subject and others unknown in connection with suspected violations of the Subject Offense. NOW, THEREFORE, pursuant to Fed. R. Crirn. P. 41, 18 U.S.C. 3121 at seen, and 18 use. 31033, IT Is HEREBY ORDERED: ll. . Warrant and Order of Authorization 3. - Warrant Law enforcement agents and other authorized law enforcement is in Attachment B, to the determine the location of the Target Cellular Devices, which are described in Attachment A. I 4. - Data Collection and Retention. In the course of employing the technique, law enforcement agents and other authorized law enforcement officials must make reasonable efforts to limit interference with cellular devices other than the Target Cellular Devices, must delete information collected from cellular devices other than the Target Cellular Devices once the Target Cellular Devices is located, and are prohibited ??om using data acquired beyond that necessary to locate the Target Cellular Devices, absent further order of the Court. 5. Delayed Notice. Pursuant to 18 U.S.C. 3103a(b) and Federal Rule of Criminal Procedure 41ii)(3), the Court authorizes the of?cer executing the warrant to delay in notice until days there is. reasonable cease to believe that providing immediate noti?cation of the warrant may have an adverse result, as de?ned in .13 U.S.C. 2705. Providing immediate notice to the subscriber or user of the Target Cellular Devices would seriously jeopardize the ongoing investigation, as such a disclosure would give that person an opportunity to destroy evidence, change pafterns of behavior, and notify confederates. See 18 U.S.C. 3103a(b)(1). There is reasonable necessity 2 .-.- - --.-.-- - -. . .-- . . - - -. - .- Case Document 43-8 Filed 03/19/19 Page the technique described above, ?for' the reasons set forth above. See 18 U.S.C. 3 103 6. Time of Execution. The Court authorizes execution of this Wanant at?any time of day or night, owing to the potential need to locate the Target Cellular Devices outside of daytime hours. - 7. Sealing. This Warrant and Order, and the supporting Agent Af?davit, shall be ref?titleGour-tE order?of? this Court: provide copies of the Warrant andIOrder or the supporting Application and Agent Affidavit as need be to personnel assisting the (iovernrnent in the investigation and prosecution of tins?matter; and disclose these materials as necessary to with discovery and disclosure obligations in any prosecutions related to this matter. Dated: New York, New York q/v/rzc 6:50?. Date IsmedI Time Issued s/ mew UNITED STATES MAGISTRATE JUDGE Southern District of New York - -.--. 20.20.. mm. . Case Document 43-8 Filed 03/19/19 Page 61 of 62 ATTACHMENT A This warrant authorizes the use of the electronic investigative technique described in Attachment to identify the location of the cellular devices assigned phone numbers _whose wireless provider is and whose listed subscriber is Michael Cohen. . ?n?mlm -- -- Case Document 43-8 Filed 03/19/19 Page 62 of 62 ATTACHIWENT . Pursuant to an muestigation of MiChael Cohen for a violation of 52 USC. 30116(a)(1)(A) and 30109(d)(1)(A)(1) (illegal campaign contributions) (the ?Subject Offense?), this Warrant authorizes the of?cers to whom it is directed to determine the location of the cellular devices identi?ed in Attachment A by collecting and examining: for a period of thirty days, during all times of day and night. This warrant does not authorize the interception of any telephone calls, text messages, other electronic communications, and this -Warrant prohibits the seizure of any tangible property. The Court ?nds reasonable ner'cessit}r for 5 the use of the technique authorized above; See 13 use. 3103a(b)(2).