JEC WLB A A UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK f2l(R)5M UNITED STATES OF AMERICA, :1 TO BE FILED UNDER SEAL Mia? --against-- AFFIDAVIT IN SUPPORT OF ARREST WARRANTS AND MATTHEW J. CAHILL, also known as SEARCH WARRANTS "Brandon Walsh," and JASON S. SACKS, also known as (T. 21 U.S.C., 84l(a), Preston" and "Jay," 846, 33l(a) and T. 18 U.S.C., 2 and 3551 gt Defendants, - -X THE RESIDENCE LOCATED AT 864 MERRICK AVENUE, EAST MEADOW, NEW YORK, and THE RESIDENCE LOCATED AT 359 BLACKSMITH ROAD, LEVITTOWN, NEW YORK. EASTERN DISTRICT OF NEW YORK, SS: Upon inforfiation and belief, there is probable cause to believe that, in or about and between December 200l.and_November 20, 2002, within the Eastern District of New York, the defendants MATTHEW QT. CAHILL, also known as "Brandon Walsh," (hereinafter and JASON S. SACKS, also known as Preston" and "Jay," (hereinafter knowingly and intentionally conspired to distribute and possess, and did in fact distribute and possess with the.intent ix: distribute, Controlled and regulated substances, including but not limited to Testosterone, Testosterone Cypionate, .Testosterone Propionate, Boldenone" Undecyclenate, Mestanolone, 2 Mehtandrostenolone, all categorized as steroids, and Methylendioxmethamphetamine HCL (also known.as eostacy) and 2,4~Dinitrophenol (also known as Upon further information and belief, there is probable cause to-believe that there will be found at THE RESIDENCE LOCATED AT 864 MERRICK AVENUE, EAST MEADOW, New YORK (hereinafter the at THE RESIDENCE LOCATED AT 359 BLACKSMITI-I ROAD, LEVITTOWN, NEWEYORK (hereinafter the the following: controlled substances, including but not limited to, controlled substances categorized as steroids, DNP, VICODIN, XANAX, and and equipment to 'manufacture and encapsulate the same, and drug paraphernalia, and drug records and computers-containing the same, and United States currency, all of which constitute evidence of violations of Sections 841(a)(1), 846 and 33l(a) of Title 21 of the United States Code. (Fed. R. Crim. P. 41) RICHARD GUTIERREZ, being duly sworn, deposes and says that he is a Postal Inspector" with the United States *Postal Inspection Service duly appointed according to law and acting as such. _The source of my information and the grounds for my belief are set forth below.y 9 Because the only purpose of this affidavit is to establish probable cause to search, I have not set forth a description of all the facts and circumstances of which I am aware with regard to this investigation. 3 1. I have Ibeen 51 Postal Inspector' with for approximately 7 years. I have participated in numerous investigations intc> allegations unlawful use of the United States mail including those in which illegal narcotics have been distributed through the mail.- I recently ,completed an investigation in which subjects distributed MDMs ("Ecstasy"), steroids, pain killers and other controlled substances through the U.S. mail. 2. Based.upon information dbtained through surveillance and governmental and public records, resides at the MERRICK ADDRESS and SACKS resides at ADDRESS. 3. In June 2002, postal clerks in the Hicksville, New York Post Office reported that a male individual had been mailing a large number of Priority Mail and Express Mail packages from that location. The clerks reported that one of the packages broke open before it could be delivered. The clerks reported that the package contained hypodermic needles and vials of fluid. Labels on the vials indicated that they contained injectable steroids: The clerks reported that the individual claimed that he ships so many parcels because he sells Hot Wheels collectible cars to individuals who place orders over the Internet. The clerks also reported that he often has large amounts of cash and that he stated that he owns several properties and expensive cars. The clerks further reported that he always uses a return address of 369 3" Avenue, East 4 Meadow, New York 11554." My investigation has revealed that the return address used is a fictitious address. I 4. Based 1nxn1 surveillance, photographs enxi personal observation, the individual mailing the packages bearing the return address of 369 3" Avenue, East Meadow, New York 11554" is SACKS. I I 5. On October 21, 2002, CAHILL entered the East Meadow Post Office attempting to cash two United States Postal Money Orders. Each money order was in the amount of $700.00. presented a New York State Driver's License in his name. The money orders utilized the name, Brandon Walsh. CAHILL explained to the postal clerk that Brandon Walsh is the name he uses exclusively for his internet business. Through, information. and. belief, Your Affiant has determined that internet business utilizes the website designerlabs.com. 6. Pursuant to a searbh warrant executed on August 22, 2002, seven.parcels bearing the fictitious return address of 369 3" Avenue were opened and inspected, and each parcel contained a quantity of a controlled substanbe. within the seven parcels was steroids and other illicit products, including 2, 4 Dinitrophenol (DNP), a unregulated chemical product often used by bodybuilders for weight--loss effects. To date, at least two individuals have died from DNP toxicity within the past two years. 7. Pursuant to a search warrant executed on September 3, 2002, four parcels were opened and inspected. Each of the four 5 .parcels was mailed from the Hicksville Post Office between August 2002 and. September 2002. Three of time parcels utilized. the fictitious return address of 369 3" Avdnue and the fourth parcel utilized the fictitious address of B, Preston, 24 4" Street, East Meadow, New York, 11554. All four parcels had been returned to the East Meadow Post Office because the address was either incorrect or incomplete. Each package contained an illicit product and the four parcels contained steroids, valium and DNP. A prior parcel, also mailed from the 369 5" Avenue address, broke open prior to being returned to the East Meadow Post Office and that package contained two small white pills determined to be MDMA. 8. Pursuant a'search warrant issued cni October 9, 2002, authorizing Fegeral law enforcement personnel to open and inspect packages addressed for delivery to B. Walsh, 846 Merrick Avenue, East Meadow, New York, 11554 (the MERRICK ADDRESS), the following was determined: A sampling of fourteen packages was opened and inspected and twelve packages contained just cash and an e--mail address, with a total of $4706 in United States currency, and the other two packages contained 100 vials of ani unknown substance and three plastic bags containing what is believed to be Valium and Vicodin, respectively. 9. One of the aforementioned packages, bearing the return address of Ryan Hutton, 1061 Tennessee Avenue, Kingsbay, Georgia, 31547, contained $450 and an ewmail address. 6 10. Within days theraafter, a priority mail package, bearing the return address B. Praston; 24'4" Street, East Meadow, New York, 11554, and addressed td Ryan Hutton, 106i Tennessee Avenue, Kingsbay, Georgia, 3154? was mailed from the Hicksville Post Office. That package was opened and inspected pursuant to a search warrant and it. contained 4 liquid. vials of testerone cipianate and numerous yellow orange tablets, the contents of which are still being determined. 11. Pursuant to a search warrant issued on October 22, 2002, authorizing Federal law enforcement personnel to open and inspect packages addressed for delivery to B. Walsh, 846 Merrick Avenue, East Meadow, New York, ll554 (the MERRICK ADDRESS), the following was determined: A sampling of seven packages was open and inspected, EflJ_ contained. just e--mail 'addresses and cash totaling $4220 in United States currency. 12. Pursuant to information obtained fron1a.purchaser of DNP, it was determined that the package was mailed at the Hicksville Post Office, bearing the return address of B, Preston, 24 Street, East Meadow, New York, 11554. it was further ascertained that the seller utilized the e--mail address of designerlabs@yahoo.com to communicate to.the purchaser a list of products he is selling, .including, among other things, the steroids, DNP, Vicodin and Valium. The seller utilized the e~mail addresses of designerlabs@ziplip.com and designerlabs1@ziplip.com to communicate messages to the purchaser. 7 3.3. On October 16, 2002, Your Affiant, acting in an undercover capacity, communicated via e-mail with designerlabs@yahoo.con1 and received therefronl a product list. Following the directions on the product list, on October 21, 2002, Your _Affiant sent e--mails to orders@designerlabs.com and designerlabs@ziplip.com requesting to purchase 50 capsules of DNP. In addition, Your Affiant sent $55 in United States currency and a piece of paper bearing the undercover e--mail address, in a Priority Mail package addressed to B. Walsh, at the MERRICK ADDRESS. On October 22, 2002, Your Affiant received an' e-mail from designerlabs1@ziplip.howl which. indicated that the package containing the currency was receiyed. On October 25, 2002, Your Affiant received a Priority Mail package bearing the fictitious return address of 8. Preston, 24 4" Street, East Meadow, New York, 11554, and contained therein was 50 yellow capsules labeled DNP. WHEREFORE, Your Affiant respectfully requests that arrest warrants issue authorizing Your Affiant or any Postal Inspector, with proper assistance from other law enforcement officers, to arrest MATTHEW J. CAHILL, also known as "Brandon Walsh," and JASON S. SACKS, also known as Preston" and "Jay,f so that they can be dealt with according to law, and that search warrants be issued authorizing "Your .Affiant tn: any' Postal Inspector; witkx proper assistance from other law enforcement officers, to search THE RESIDENCE LOCATED AT 864 MERRICK.AVENUE, EAST MEADOW, NEW YORK, and to Search THE RESIDENCE LOCATED AT 359 BLACKSMITH ROAD, LEVITTOWN, 8 NEW YORK, for certain evidence, as delineated in Attachment 1, evidencing fruits and instrumentalities of violations of.Title 21, United States Code, Section 841(2) and 33l(a). Your Affiant further requests that this Court issue an Order pursuant to which this search warrant, attachment, inventory, application and documents related thereto, except a copy of the search warrant and inventory necessary to effect the proposed search, because premature disclosure of the contents of this affidavit and related documents may jeopardize the investigation. RicsARn GUTIERREZ Postal Inspector USPIS EASTERN DISTRICT OF YORK ATTACHMENT A Items to be Seized any controlled or regulated substances, residue of controlled or regulated substances, diluents and controlled and regulated substance paraphernalia, and evidence of the manufacture of controlled or regulated substances, including, but not limited to, encapsulating machines, products used to fill or cut the substance, chemicals, and chemical supplies, any United States currency representing proceeds from the sale of controlled and regulated substances, books, records, ledgers, papers and other documents, including, inn: not limited to, correspondence, Kmmoranda, notes, diaries, letters, telephone toll records, bills, calendars,-pads, notebooks, files, logs and lists reflecting information such as names, telephone numbers, addresses and financial records of individuals involved in trafficking in controlled and regulated substances, books and records showing cash transactions, prices and/or quantities controlled substances purchased, advertised, manufactured and/or sold, any computer systems, including laptop or desktop computers and peripherals, more commonly described as tapes, cassettes, cartridges, computer disks and disk drives, tape drives, disk application.programs, data disks, magnetic media floppy disks, tape systems and. hard drives and. other computer related operation equipment and the data within the aforesaid objects, including, but not limited to e~mail communications, website and bulletin board postings, and all other evidence relating to the ;purchase, manufacture, advertising and/or sale of controlled and regulated substances.