Case 1:19-mc-01164-SMG Document 1 Filed 05/01/19 Page 1 of 15 PageID #: 1

MEL:JRS
F.#2019R00382
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
TO BE FILED UNDER SEAL

IN RE APPLICATION OF
THE UNITED STATES OF AMERICA
FOR AN ORDER AUTHORIZING THE
USE OF PEN REGISTERS AND TRAP
AND TRACE DEVICES

APPLICATION FOR A PHONE PEN
REGISTER AND TRAP AND TRACE
DEVICE
No. 19-MC-1164

Jonathan Siegel, an Assistant United States Attorney for the Eastern District of
New York, hereby applies to the Court for an Order pursuant to 18 U.S.C. §§ 3122 and 3123,
authorizing for a period of 60 days the installation and use of pen registers and trap and trace
devices on (1) 201-283-7734, a telephone with International Mobile Subscriber Identity
(“IMSI”) Number 354255097677993; and (2) 347-512-5605, both of which are issued by
Sprint Corporation (the “service provider”) (the “SUBJECT TELEPHONES”). The
subscriber information for the SUBJECT TELEPHONES is unknown, but both SUBJECT
TELEPHONES are believed to be possessed by and used by VALENTE PALACIOS
TELLEZ, also known as “Valentine Palacios.”
In support of this application I state the following:
1.

I am an Assistant United States Attorney in the Office of RICHARD P.

DONOGHUE, United States Attorney for the Eastern District of New York. As such, I am
an “attorney for the Government” as defined in Rule 1(b)(1) of the Federal Rules of Criminal

1

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Procedure, and therefore, pursuant to 18 U.S.C. § 3122, may apply for an Order authorizing
the installation and use of pen registers and trap and trace devices.
2.

The Court has authority to order the installation and use of a pen

register or a trap and trace device anywhere in the United States if the Court finds that the
attorney for the government has certified to the Court that the information likely to be
obtained is relevant to an ongoing criminal investigation. 18 U.S.C. §§ 3122 and 3123. As
the United States Court of Appeals for the Second Circuit has explained, an application for a
pen register or trap and trace device
need only identify the applicant and the investigating law
enforcement agency and certify that “the information likely to
be obtained is relevant to an ongoing criminal investigation
being conducted by that agency.” 18 U.S.C. § 3122(b)(2). The
provision was not intended to require independent judicial
review of relevance; rather, the reviewing court need only verify
the completeness of the certification.
In re United States, 10 F.3d 931, 935 (2d Cir. 1993) (emphasis added); accord In re
Applications, 515 F. Supp. 2d 325, 329 (E.D.N.Y. 2007) (explaining “minimal requirement”
of Section 3122(b)).
3.

Based on information provided to me by a Deportation Officer with the

United States Department of Homeland Security, Immigration and Customs Enforcement
(the “investigative agency”), I hereby certify that the investigative agency is conducting an
ongoing criminal investigation into possible violations of federal criminal laws, including
illegal reentry after having been removed subsequent to a conviction for a felony, in violation
of 8 U.S.C. §§ 1326(a) and (b)(1), by VALENTE PALACIOS TELLEZ, also known as
“Valentine Palacios,” occurring in the Eastern District of New York and elsewhere, and that

2

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the information likely to be obtained from pen registers and trap and trace devices on the
SUBJECT TELEPHONES is relevant to that investigation.
4.

Based upon the above certification, the government requests that the

Court issue an Order that provides:
a.

Pursuant to 18 U.S.C. §§ 3122 and 3123, authorization for the

installation and use of pen registers to record or decode dialing, routing, addressing, or
signaling information — excluding the decoding of post-cut-through dialed digits
(“PCTDD”)1 — transmitted from the SUBJECT TELEPHONES, to record the date and time
of such dialings or transmissions, and to record the length of time the telephone receiver in
question is “off the hook” for incoming or outgoing calls for a period of 60 days beginning
from the date of installation, but in any event beginning no more than 14 days from the date
of this Order.
b.

Pursuant to 18 U.S.C. §§ 3122 and 3123, authorization for

installation and use of trap and trace devices on the SUBJECT TELEPHONES to capture and
record the incoming electronic or other impulses which identify the originating numbers or
other dialing, routing, addressing, or signaling information reasonably likely to identify the
sources of wire or electronic communications and to record the date, time and duration of

1

PCTDD “are digits that are dialed from a telephone after a call is connected or
‘cut-through.’” In re Application, 632 F. Supp. 2d 202, 203 n.1 (E.D.N.Y. 2008). Pursuant
to the proposed Order to Service Provider, if possible, the provider will forward only pre-cutthrough-dialed digits to the investigative agency. If the provider’s technical capabilities
require it to forward all dialed digits including PCTDD, however, the investigative agency
will only decode and forward to the assigned agents the numbers that are dialed before the
call is cut through. Thus no PCTDD will be decoded or accessed by anyone. See id. at 204
n.3 (“It is irrelevant that the provider will forward PCTDD to the Government and that the
Government will therefore be able, if it violates the court order, to record and decode it.”).
3

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calls created by such incoming impulses, for a period of 60 days beginning from the date of
installation, but in any event beginning no more than 14 days from the date of this Order, and
that the tracing operations be without geographical limits.
c.

Pursuant to 18 U.S.C. § 3123(b)(1)(C), authorization for the

requested installation and use of pen registers and trap and trace devices to include the use of
such pen registers and trap and trace devices on any changed telephone numbers assigned to
an instrument bearing the same IMSI as the SUBJECT TELEPHONES, or any changed IMSI
subsequently assigned to the same telephone numbers as the SUBJECT TELEPHONES, or
any additional changed telephone number and/or IMSI, whether the changes occur
consecutively or simultaneously, listed to the same subscribers and account numbers as the
SUBJECT TELEPHONES within the 60-day period authorized by this Order.
5.

The government further requests that the Court direct the service

provider, and any other person or entity providing wire or electronic communication service
in the United States whose assistance is used to facilitate execution of the Order, to notify
agents of the investigative agency, upon oral or written request, of any and all changes
(including additions, deletions, and transfers) in service regarding the SUBJECT
TELEPHONES, including telephone numbers (published and non-published, and excepting
call detail records as described in 18 U.S.C. § 2703(c)(2)(C)) associated with these service
changes.
6.

The government further requests that, pursuant to 18 U.S.C.

§ 3123(a)(1) and (b)(2), the Court direct that, upon service of the Order upon them, the
service provider and any other person or entity providing wire or electronic communication
service in the United States whose assistance may facilitate execution of the Order furnish
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the information, facilities, and technical assistance necessary to accomplish unobtrusively the
installation and use of the pen registers and trap and trace devices with compensation to be
paid by the investigative agency for reasonable expenses directly incurred in providing such
facilities and assistance.
7.

The government further requests that the Order direct the service

provider, and any other person or entity providing wire or electronic communication service
in the United States whose assistance is used to facilitate execution of the Order, to furnish
the results of the pen register and trap and trace device installations to agents of the
investigative agency as soon as practicable, and on a continuing basis, 24 hours a day for the
duration of the Order.
8.

Finally, pursuant to 18 U.S.C. § 3123(d), the government also requests

that the service provider, and any other person or entity whose assistance is used to facilitate
execution of the Order be ordered not to disclose to the listed subscribers of the telephones,
or to any other person (a) the existence of the Order of Authorization; (b) the existence of the
Order to Service Provider; and (c) the existence of the pen registers and trap and trace
devices to the listed subscribers for the SUBJECT TELEPHONES, the subscribers of the
telephones initiating incoming calls to or receiving outgoing calls from the SUBJECT
TELEPHONES, or to any other person, unless and until otherwise ordered by the Court.
Any such disclosure might jeopardize this investigation because it would alert the target to
the existence of an investigation and might lead to the destruction and/or concealment of
evidence and/or the flight of target. See 18 U.S.C. § 3123(d) (“An order authorizing or
approving the installation and use of a pen register or a trap and trace device shall direct that
— (1) the order be sealed until otherwise ordered by the court; and (2) the person owning or
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leasing the line or other facility to which the pen register or a trap and trace device is
attached or applied, or who is obligated by the order to provide assistance to the applicant,
not disclose the existence of the pen register or trap and trace device or the existence of the
investigation to the listed subscriber, or to any other person, unless or until otherwise ordered
by the court.”).
9.

No prior request for the relief set forth herein has been made except to

the extent set forth above. The foregoing is affirmed under the penalties of perjury. See 28
U.S.C. § 1746.
Dated: Brooklyn, New York
May 1, 2019
/s/ Jonathan Siegel
Jonathan Siegel
Assistant United States Attorney
(718) 254-6293

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F.#2019R00382
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
– – – – – – – – – – – – – – – – – – – – – X
IN RE APPLICATION OF
THE UNITED STATES OF AMERICA
FOR AN ORDER AUTHORIZING THE USE
OF PEN REGISTERS AND TRAP AND TRACE
DEVICES
– – – – – – – – – – – – – – – – – – – – – X

SEALED ORDER
OF AUTHORIZATION

This matter comes before the Court pursuant to an application by Assistant
United States Attorney Jonathan Siegel, an attorney for the Government as defined by Rule
1(b)(1) of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3127(5) requesting an
Order pursuant to 18 U.S.C. §§ 3122 and 3123, authorizing for a period of 60 days the
installation and use of pen registers and trap and trace devices on (1) 201-283-7734, a
telephone with International Mobile Subscriber Identity (“IMSI”) Number
354255097677993; and (2) 347-512-5605, both of which numbers are issued by Sprint
Corporation (the “service provider”) (the “SUBJECT TELEPHONES”). The subscriber
information for the SUBJECT TELEPHONES is unknown.
UPON REVIEW OF THE APPLICATION, THE COURT HEREBY FINDS
THAT, pursuant to 18 U.S.C. § 3123, Applicant has certified that the information likely to be
obtained by use of a pen register and a trap and trace device is relevant to an ongoing
criminal investigation being conducted by the United States Department of Homeland
Security, Immigration and Customs Enforcement (the “investigative agency”) into possible
violations of federal criminal laws, including illegal reentry after having been removed
subsequent to a conviction for a felony, in violation of 8 U.S.C. §§ 1326(a) and (b)(1), by

 Case 1:19-mc-01164-SMG Document 1 Filed 05/01/19 Page 8 of 15 PageID #: 8

VALENTE PALACIOS TELLEZ, also known as “Valentine Palacios,” occurring in the
Eastern District of New York and elsewhere, and that the information likely to be obtained
from pen registers and trap and trace devices on the SUBJECT TELEPHONES is relevant to
that investigation.
IT IS HEREBY ORDERED, pursuant to 18 U.S.C. § 3123, that agents of the
investigative agency may install, or cause to be installed, and use pen registers to record or
decode dialing, routing, addressing, or signaling information transmitted from the SUBJECT
TELEPHONES — excluding the decoding of post-cut-through dialed digits (“PCTDD”)2 —
to record the date and time of such dialings or transmissions, and to record the length of time
the telephone receiver in question is “off the hook” for incoming or outgoing calls for a
period of 60 days beginning from the date of installation, but in any event beginning no more
than 14 days from the date of this Order, and that the tracing operations be without
geographical limits.
IT IS FURTHER ORDERED, pursuant to 18 U.S.C. § 3123, that agents of the
investigative agency may install, or cause to be installed, and use trap and trace devices on
the SUBJECT TELEPHONES to capture and record the incoming electronic or other
impulses which identify the originating number, or other dialing, routing, addressing, and

2

PCTDD “are digits that are dialed from a telephone after a call is connected or
‘cut-through.’” In re Application, 632 F. Supp. 2d 202, 203 n.1 (E.D.N.Y. 2008). Pursuant
to the proposed Order to Service Provider, if possible, the provider will forward only pre-cutthrough-dialed digits to the investigative agency. If the provider’s technical capabilities
require it to forward all dialed digits including PCTDD, however, the investigative agency
will only decode and forward to the assigned agents the numbers that are dialed before the
call is cut through. Thus no PCTDD will be decoded or accessed by anyone. See id. at 204
n.3 (“It is irrelevant that the provider will forward PCTDD to the Government and that the
Government will therefore be able, if it violates the court order, to record and decode it.”).
2

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signaling information reasonably likely to identify the source of a wire or electronic
communication, and to record the date, time, and duration of calls created by such incoming
impulses, for a period of 60 days beginning from the date of installation, but in any event
beginning no more than 14 days from the date of this Order, and that the tracing operations
be without geographical limits.
IT IS FURTHER ORDERED that this authorization for the installation and
use of pen registers and trap and trace devices applies not only to the telephone number listed
above for the SUBJECT TELEPHONES, but also to any changed telephone numbers
assigned to an instrument bearing the same IMSI as the SUBJECT TELEPHONES, or any
changed IMSI subsequently assigned to the same telephone numbers as the SUBJECT
TELEPHONES, or any additional changed telephone number and/or IMSI, whether the
changes occur consecutively or simultaneously, listed to the same subscribers and wireless
telephone account numbers as the SUBJECT TELEPHONES within the 60-day period
authorized by this Order.
IT IS FURTHER ORDERED that the service provider and any other person or
entity providing wire or electronic communication service in the United States whose
assistance is used to facilitate execution of the Order notify agents of the investigative
agency, upon oral or written request, of any and all changes in service regarding the
SUBJECT TELEPHONES to include telephone numbers (published and non-published and
excepting call detail records as described in 18 U.S.C. § 2703(c)(2)(C)) associated with these
service changes.
IT IS FURTHER ORDERED, pursuant to 18 U.S.C. § 3123(a)(1) and (b)(2),
that upon service of this Order upon it, the service provider and any other person or entity
3

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providing wire or electronic communication service in the United States whose assistance
may facilitate execution of the Order shall furnish agents of the investigative agency
forthwith all information, facilities, and technical assistance necessary to accomplish the
installation and use of the pen registers and trap and trace devices unobtrusively and with
minimum interference.
IT IS FURTHER ORDERED that the service provider and any other person or
entity providing wire or electronic communication service in the United States whose
assistance is used to facilitate execution of the Order furnish the results of the pen register
and trap and trace device installations to agents of the investigative agency as soon as
practicable, and on a continuing basis, 24 hours a day for the duration of the Order.
IT IS FURTHER ORDERED that the service provider and any other person or
entity whose assistance is used to facilitate this Order be compensated by the investigative
agency for reasonable expenses directly incurred in providing such assistance.
IT IS FURTHER ORDERED, pursuant to 18 U.S.C. § 3123(d), that this Order
and the application be sealed until otherwise ordered by the Court, and that the service
provider, its representatives, agents and employees, and any other person or entity involved
in facilitating this Order shall not disclose in any manner, directly or indirectly, by any action
or inaction, (a) the existence of the Order of Authorization; (b) the existence of the Order to
Service Provider; and (c) the existence of the pen registers and trap and trace devices to the
listed subscribers for the SUBJECT TELEPHONES, the subscribers of the telephones

4

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initiating incoming calls to or receiving outgoing calls from the SUBJECT TELEPHONES,
or to any other person, unless or until otherwise ordered by the Court.
Dated: Brooklyn, New York
May 1, 2019

Digitally signed by
Steven Gold
Date: 2019.05.01
15:21:33 -04'00'
____________________________________

THE HONORABLE STEVEN M. GOLD
UNITED STATES MAGISTRATE JUDGE
EASTERN DISTRICT OF NEW YORK

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F.#2019R00382
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
– – – – – – – – – – – – – – – – – – – – – X
IN RE APPLICATION OF
THE UNITED STATES OF AMERICA
FOR AN ORDER AUTHORIZING THE USE OF
PEN REGISTERS AND TRAP AND TRACE
DEVICES
– – – – – – – – – – – – – – – – – – – – – X

SEALED ORDER
TO SERVICE PROVIDER

WHEREAS this Court has, upon the application of the United States of
America, entered an Order pursuant to 18 U.S.C. §§ 3121 et seq., authorizing the use of pen
registers and trap and trace devices for a period of 60 days on (1) 201-283-7734, a telephone
with International Mobile Subscriber Identity (“IMSI”) Number 354255097677993 and an
unknown subscriber; and (2) 347-512-5605, a telephone with an unknown subscriber (the
“SUBJECT TELEPHONES”), in connection with an ongoing criminal investigation;
Now therefore, it is hereby:
1.

ORDERED, pursuant to 18 U.S.C. § 3123, that agents of the United

States Department of Homeland Security, Immigration and Customs Enforcement (the
“investigative agency”) may install, or cause to be installed, and use pen registers to record
or decode dialing, routing, addressing, or signaling information transmitted from the
SUBJECT TELEPHONES to record the date and time of such dialings or transmissions, and
to record the length of time the telephone receiver in question is “off the hook” for incoming
or outgoing calls for a period of 60 days beginning from the date of installation, but in any
event beginning no more than 14 days from the date of this Order.

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2.

IT IS FURTHER ORDERED that, to the extent possible in light of the

service provider’s technical capabilities, the service provider shall forward to the
investigative agency only those digits dialed before a call is cut-through. However, to the
extent that the service provider is unable to exclude post-cut-through dialed digits, the
service provider shall forward all dialed digits to the investigative agency.
3.

IT IS FURTHER ORDERED, pursuant to 18 U.S.C. § 3123, that

agents of the investigative agency may install, or cause to be installed, and use trap and trace
devices on the SUBJECT TELEPHONES to capture and record the incoming electronic or
other impulses which identify the originating number, or other dialing, routing, addressing,
and signaling information reasonably likely to identify the source of a wire or electronic
communication, and to record the date, time, and duration of calls created by such incoming
impulses, for a period of 60 days beginning from the date of installation, but in any event
beginning no more than 14 days from the date of this Order, and that the tracing operations
be without geographical limits.
4.

IT IS FURTHER ORDERED, pursuant to 18 U.S.C. § 3123(b)(1)(C),

that this authorization for the installation and use of pen registers and trap and trace devices
applies not only to the telephone numbers listed above for the SUBJECT TELEPHONES,
but also to any changed telephone numbers assigned to an instrument bearing the same IMSI
as the SUBJECT TELEPHONES, or any changed IMSI subsequently assigned to the same
telephone numbers as the SUBJECT TELEPHONES, or any additional changed telephone
number and/or IMSI, whether the changes occur consecutively or simultaneously, listed to
the same subscribers and wireless telephone account numbers as the SUBJECT
TELEPHONES within the 60-day period authorized by this Order.
2

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5.

IT IS FURTHER ORDERED that the service provider and any other

person or entity providing wire or electronic communication service in the United States
whose assistance is used to facilitate execution of the Order notify agents of the investigative
agency, upon oral or written request, of any and all changes (including additions, deletions,
and transfers) in service regarding the SUBJECT TELEPHONES to include telephone
numbers (published and non-published, and excepting call detail records, as described in 18
U.S.C. § 2703(c)(2)(C)) associated with these service changes.
6.

IT IS FURTHER ORDERED, pursuant to 18 U.S.C. § 3123(a)(1) and

(b)(2), that upon service of this Order upon it, the service provider and any other person or
entity providing wire or electronic communication service in the United States whose
assistance is used to facilitate execution of the Order shall furnish agents of the investigative
agency forthwith all information, including but not limited to telephone subscriber
information, facilities, and technical assistance necessary to accomplish the installation and
use of the pen registers and trap and trace devices unobtrusively and with minimum
interference.
7.

IT IS FURTHER ORDERED that the service provider and any

other person or entity providing wire or electronic communication service in the United
States whose assistance is used to facilitate execution of the Order furnish the results of the
pen register and trap and trace device installations to agents of the investigative agency as
soon as practicable, and on a continuing basis, 24 hours a day for the duration of the Order.

3

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8.

IT IS FURTHER ORDERED that the service provider and any other

person or entity that provides technical assistance in executing this Order be compensated by
the investigative agency for reasonable expenses directly incurred in providing such
assistance.
9.

IT IS FURTHER ORDERED that this Order shall be sealed until

otherwise ordered by the Court, except that copies may be retained by the United States
Attorney’s Office, the investigative agency, the service provider and any other person or
entity whose assistance is used to execute this Order.
10.

IT IS FURTHER ORDERED, finally, that unless and until otherwise

ordered by the Court, the service provider and its representatives, agents and employees, and
any other person or entity providing technical assistance in executing this Order shall not
disclose until further notice in any manner, directly or indirectly, by any action or inaction:
(a) the existence of the Order of Authorization; (b) the existence of the Order to the Service
Provider; and (c) the existence of the pen registers and trap and trace devices to the listed
subscribers for the SUBJECT TELEPHONES, the subscribers of the telephones initiating
incoming calls to or receiving outgoing calls from the SUBJECT TELEPHONES, or to any
other person, unless or until otherwise ordered by the Court.
Dated: Brooklyn, New York
May 1, 2019

Digitally signed by
Steven Gold
Date: 2019.05.01
15:22:01 -04'00'
_____________________________________

THE HONORABLE STEVEN M. GOLD
UNITED STATES MAGISTRATE JUDGE
EASTERN DISTRICT OF NEW YORK

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TO: Clerk’s Office
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
________________________________________
APPLICATION FOR LEAVE
TO FILE DOCUMENT UNDER SEAL
********************************
IN RE APPLICATION OF THE UNITED
STATES OF AMERICA FOR AN ORDER
AUTHORIZING THE USE OF PEN
REGISTERS AND TRAP AND TRACE
DEVICES -v.-

A) If pursuant to a prior Court Order:
Docket Number of Case in Which Entered:___________________
Judge/Magistrate Judge:__________________________________
Date Entered:___________________________________________

19-MC-1164
_____________________
Docket Number

********************************
B) If a new application, the statute, regulation, or other legal basis that
authorizes filing under seal

✔
SUBMITTED BY: Plaintiff____ Defendant____ DOJ ____
Name:__________________________________________
Jonathan Siegel
Firm Name:______________________________________
U.S. Attorney's Office - EDNY
Address:_________________________________________
271 Cadman Plaza East
________________________________________________
Brooklyn, New York 11201
Phone Number:___________________________________
718-254-6293
E-Mail Address:___________________________________
Jonathan.Siegel@usdoj.gov

Ongoing investigation
__________________________________________________________
__________________________________________________________

NO ✔ __
If yes, state description of document to be entered on docket sheet:
INDICATE UPON THE PUBLIC DOCKET SHEET: YES

ORDERED SEALED AND PLACED IN THE CLERK’S OFFICE,
AND MAY NOT BE UNSEALED UNLESS ORDERED BY
THE COURT.
Digitally signed by

Steven Gold

__________________________________________________

DATED: Brooklyn
, NEW YORKDate: 2019.05.01
May 1, 2019
15:22:41 -04'00'
_________________________________________________________

__________________________________________________

U.S. DISTRICT JUDGE/U.S. MAGISTRATE JUDGE
RECEIVED IN CLERK’S OFFICE___________________________
May 1, 2019
DATE

MANDATORY CERTIFICATION OF SERVICE:
A.) ___ A copy of this application either has been or will be promptly served upon all parties to this action, B.) ___ Service is excused by 31 U.S.C. 3730(b), or by
✔
the following other statute or regulation:______; or C.) ____This
is a criminal document submitted, and flight public safety, or security are significant concerns.
(Check one)

May 1, 2019
__________________
DATE

______________________________
_______________________
SIGNATURE