EFTA00018663.pdf

AO 106 (Rev. 04/10) Application for a Search Warrant

UNITED STATES DISTRICT COURT
for the
District of New Hampshire

In the Matter of
(Briefly describe the property to be searched
or identify the person by name and address)
THE USE OF A CELL-SITE SIMULATOR TO LOCATE
THE CELLULAR DEVICE ASSIGNED CALL NUMBER

)
)
)
)
)

Case No. 1:20-

APPLICATION FOR A SEARCH WARRANT

I, a federal law enforcement officer or an attorney for the government, request a search warrant and state and
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):

located in the
District of
New Hampshire
, there is now concealed (identify the
person or describe the property to be seized):
Please see attached Affidavit and Attachment A.

)

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;
a person to be arrested or a person who is unlawfully restrained.

The search is related to a violation of:
Code Section
18 U.S.C. 371
18 U.S.C. 2422, 2423(a)
18 U.S.C. 1623

Offense Description
- Conspiracy to Entice Minors and Transport Minors
- Enticement of a Minor, and Transportation of a Minor
- Perjury

The application is based on these facts:
Please see attached Affidavit.

Continued on the attached sheet.
Delayed notice of 30 days (give exact ending date if more than 30 days:
under 18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet.

) is requested

Applicant's signature
Special Agent, FBI
Printed name and title

Sworn to before me and signed in my presence.

Date:
07/01/2020

City and state:
Concord, NH

Audrea K. Johnstone
Judge's signature
Andrea K. Johnstone, U.S. Magistrate Judge
Printed name and title

EFTA00018663

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

IN THE MATTER OF THE USE OF A CELL-
SITE SIMULATOR TO LOCATE THE
CELLULAR DEVICE ASSIGNED CALL
NUMBER

Case No. 1:20-

Filed Under Seal – Level II

AFFIDAVIT IN SUPPORT OF
AN APPLICATION FOR A SEARCH WARRANT

I, [REDACTED], 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 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 device
assigned call number [REDACTED], (the “Target Cellular Device”), which is described in
Attachment A.

2. I am a Special Agent with the Federal Bureau of Investigation (“FBI”), and have
been since 2017. I am currently assigned to investigate violations of criminal law relating to the
sexual exploitation of children as part of an FBI Task Force. I have gained expertise in this area
through classroom training and daily work related to these types of investigations. As part of my
responsibilities, I have been involved in the investigation of cases involving sex trafficking,
enticement of minors, and transportation of minors for illegal sex acts, and have participated in the
execution of search warrants involving electronic evidence and cellular devices.

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

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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. One purpose of applying for this warrant is to determine with precision the Target
Cellular Device's location. However, there is reason to believe the Target Cellular Device is
currently located somewhere within this district. On or about June 30, 2020, United States
Magistrate Judge Katharine H. Parker, signed a warrant for cellphone location information for the
Target Cellular Device (the “GPS Warrant”), which is attached as Exhibit A. Pursuant to the GPS
Warrant, the FBI has received GPS location data since approximately 10:15 p.m. on June 30, 2020
and has also historical cell site data for the Target Cellular Device for the period June 1, 2020 to
the present. That data shows that the Target Cellular Device is currently located in the District of
New Hampshire and has been located in the District of New Hampshire for the last 30 days. The
location data has allowed the FBI to identify approximately one square mile in which the Target
Cellular Device is located, but the location data is insufficiently specific to allow the FBI to
identify the particular building in which the Target Cellular Device is currently located. Pursuant
to Rule 41(b)(2), law enforcement may locate the Target Cellular Device outside the district
provided the device is within the district when the warrant is issued.

5. Based on the facts set forth herein, there is probable cause to believe that
GHISLAINE MAXWELL has violated 18 U.S.C. § 371 (conspiracy to entice minors to travel to
engage in illegal sex acts); 18 U.S.C. § 2422 (enticement of a minor to travel to engage in illegal
sex acts); 18 U.S.C. § 371 (conspiracy to transport minors with intent to engage in criminal sexual
activity); 18 U.S.C. § 2423(a) (transportation of a minor with intent to engage in criminal sexual
activity); and 18 U.S.C. § 1623 (perjury). Specifically, on June 29, 2020, a grand jury sitting in
the Southern District of New York returned an indictment charging MAXWELL with these crimes,

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which is attached as Exhibit B. That same day, United States Magistrate Judge Lisa Margaret
Smith signed an arrest warrant for MAXWELL, which is attached as Exhibit C.

6. There is also probable cause to believe that the Target Cellular Device's location
will assist law enforcement in arresting MAXWELL, who is a “person to be arrested” within the
meaning of Federal Rule of Criminal Procedure 41(c)(4). In particular, and as detailed below,
there is probable cause to believe that MAXWELL is the primary user of the Target Cellular
Device which remains active. The FBI does not know MAXWELL's current location and
accordingly requires the information sought in this application in order to locate and arrest
MAXWELL.

7. Because collecting the information authorized by this warrant may fall within the
statutory definitions 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). Consistent with the requirement for a pen
register order, I certify that the information likely to be obtained is relevant to an ongoing criminal
investigation by FBI. See 18 U.S.C §§ 3122(b), 3123(b).

8. Consistent with the requirement for a pen register order, I certify that the
information likely to be obtained is relevant to an ongoing criminal investigation by FBI. See 18
U.S.C §§ 3122(b), 3123(b)."

PROBABLE CAUSE

9. Based on the following, I respectfully submit there is probable cause to believe that
the Target Cellular Device's location will assist law enforcement in locating and arresting
MAXWELL pursuant to the arrest warrant described in paragraph 5, above.

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10. As set forth in Exhibit A, United States Magistrate Judge Katharine H. Parker found
on June 30, 2020 that there is probable cause to believe that the location of the Target Cellular
Device will reveal the location of GHISLAINE MAXWELL. As set forth in paragraph 4 above,
that same day, the FBI received location information from AT&T revealing that the Target Cellular
Device is currently located in the District of New Hampshire and has been located in the District
of New Hampshire for at least the last 30 days.

11. Based on my review of Customs and Border Patrol records, I know that
GHISLAINE MAXWELL is a United States citizen and that she most recently entered the United
States in or about June of 2019. There is no record of MAXWELL leaving the United States since
her arrival in June of 2019.

12. Based on my review of court filings, I am aware that GHISLAINE MAXWELL is
represented by counsel in multiple ongoing civil lawsuits in the United States. As recently as in
or about June 2020, attorney Laura Menninger appeared in in the Southern District of New York
for oral argument before United States District Judge Loretta A. Preska on MAXWELL's behalf.

13. Based on my review of AT&T records, I have learned that the Target Cellular
Device is subscribed in the name of “G Max,” which appears to be a shortened version of
GHISLAINE MAXWELL's name.

14. I further know from my review of AT&T records the following:
a. The Target Cellular Device has been in contact with a phone subscribed to
in the name of “Laura Menninger,” which I know from my review of court records is the name of
an attorney who currently represents GHISLAINE MAXWELL in civil litigation (the “Laura
Menninger Phone”). The most recent contact between The Target Cellular Device and the Laura
Menninger Phone occurred within the last 30 days.

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