Case 3:12-cr-00036-D Document 1 Filed 01/25/12 Page 1 of 8 PageID 1--------_..... ---091 (Rev. 8/85) Criminal Complaint . U.S. DISTRICT CO! 'iii

i\<ORTHERN DISTRICT OF TEXAS

rlLtU

United States District CourtJAN 252012

NORTHERN DlSTRICTOF TEXA

UNITED STATES OF AMERICAC\~RK. U.S~TRICTCOURT

Deputy

A

V.

SCOITTARTAN

CRIMINAL COMPLAINT

CASE NUMBER: 3-12-MJ.Y\ ' ~\L.

I, the undersigned complainant being duly sworn state the following is true and correct to the best

of my knowledge and belief. On or about December 29,201 I, in Dallas County of the Northern District

of Texas defendant(s),

knowingly mailed, transported and shipped in interstate commerce by any means, including acomputer, a visual depiction of a minor engaging in sexually explicit conduct and the visualdepiction is of such conduct

in violation of Title 18, United States Code, Sections 2252A(a)(l).

I further state that I am a(n) Special Agent Frank Boudreaux with the U.S. Secret Service and thatthis complaint is based on the following facts:

See attached Affidavit of Special Agent Frank Boudreaux, United States Secret Service which isincorporated and made a part hereof by reference.

Continued on the attached sheet and made a part hereof: X Yes No

'-DQ~4-Signature of Complainant I'

FRANK BOUDREAUXSpecial Agent, USSS

14/"-.-Sworn to before me and subscribed in my presence, on thisA/__ day of J

Texas.

RENEE HARRIS TOLIVERUNITED STATES MAGISTRATE JUDGEName & Title of Judicial Officer

Case 3:12-cr-00036-D Document 1 Filed 01/25/12 Page 2 of 8 PageID 2

AFFIDAVIT IN SUPPORT OF

AN APPLICATION FOR COMPLAINT

I, Frank Boudreaux, a Special Agent (SA) with the U.S. Secret Service being duly

sworn, depose and state as follows:

Introduction

1. I have been employed as a Special Agent of the Secret Service since 1997.

Since joining the Secret Service, I have been involved in investigations of financial

crimes, counterfeit currency, threats against the president, and computer crimes. I am

currently assigned to investigate computer crimes which includes the sexual exploitation

of children and other computer related crimes in Texas. I have gained expertise in the

conduct of such investigations through training in seminars, classes, and everyday work

related to conducting these types of investigations. I also have participated in training in

the investigation and enforcement of federal child pornography laws in which computers

are used as the means for receiving, transmitting, and storing child pornography.

2. As a federal agent, I am authorized to investigate violations of United States

laws and to execute warrants issued under the authority of the United States. The

information contained in this affidavit is based on my personal knowledge and

experience, as well as information provided by other law enforcement officers. Since this

affidavit is being submitted for the limited purpose of securing an arrest warrant, I have

not included each and every fact known to me concerning this investigation.

Case 3:12-cr-00036-D Document 1 Filed 01/25/12 Page 3 of 8 PageID 3

3. I have been involved in an investigation involving the activities of SCOTI

TARTAN. Currently, Tartan lives at 105 Creekview Drive W, Red Oak, Texas. Red

Oak, Texas is in the Northern District ofTexas. TARTAN was born on November 18,

1978. As will be shown below, there is probable cause to believe that on or about

December 29,2011, TARTAN, knowingly mailed, transported and shipped in interstate

commerce by any means, including a computer, a visual depiction of a minor engaging in

sexually explicit conduct and the visual depiction is of such conduct, in violation ofTitle

18 U.S.C. Section 2252A(a)(I) (Certain activities relating to material involving the sexual

exploitation of minors.)

4. The above criminal acts were committed by TARTAN in the Northern District

ofTexas.

BACKGROUND OF THE INVESTIGATION

5. On January 3, 2012, Shunavis McNeil reported the following information to

the Lancaster Police located at 1650 North Dallas Avenue, Lancaster, Texas. On January

1,2012, while at the Shell gas station at 1360 Interstate 35 E Hwy, Lancaster, Texas, at

10:00, she saw a silver cell phone that was left on the top of a gas pump. She waited until

two males left the proximity of the pump to retrieve the cell phone. Approximately an

hour after leaving the Shell station, a man called McNeil on the cell phone and offered

her $250 if she would return the cell phone to him. The man provided the code to unlock

the cell phone so that she could unlock the cell phone to call him to meet her. McNeil

became suspicious and looked through the cell phone. She saw several photos of child

Case 3:12-cr-00036-D Document 1 Filed 01/25/12 Page 4 of 8 PageID 4

pornography. She went to the Lancaster Police Department and gave the cell phone to

them.

6. On January 4,2012, Lancaster Detective Jason O'Briant checked the

message section of the cell phone in an attempt to locate a possible owner. Detective

O'Briant observed several text messages between the cell phone and other people.

Several of these messages contained images of children and infants engaging in sexually

explicit conduct with adults as defined in 18 U.S. C. § 2256.

7. Detective O'Briant looked through the cell phone settings, checked the "my

number" which indicated that the cell phone's number was 469-254-6242. Detective

O'Briant ran the number through Lancaster Police Department files, and learned that the

number was listed as a work number for Scott Tartan Lawn Care, white male, with DOB

11/18/79. The records showed that he lived at 583 West Sixth Street, Lancaster, Texas

75146. A review of the DPS sex offender files also revealed that Scott Tartan is a former

registered sex offender. Tartan was sentenced to one-year of probation from March 28,

1996-March 28, 1997 for sexual assault of a minor female. He was required to register

for 10 years until March 28,2007.

8. Based on the previous information, Detective O'Briant submitted an

application for a search warrant for the cell phone belonging to Tartan. After reviewing

the affidavit, State District Judge Andy Chatam, Dallas County, Texas, signed the search

warrant on the cell phone described as an LG Model LGMS690 bearing serial number

102KPPB05050n.

Case 3:12-cr-00036-D Document 1 Filed 01/25/12 Page 5 of 8 PageID 5

9. The warrant was executed on January 6, 2012, and the cell phone was taken

to U.S. Department of Homeland Security-Immigration and Customs Enforcement (HSI­

ICE) for examination. HSI-ICE forensic examiner Jose Delgado forensically examined

the cell phone. Examiner Delgado located multiple images of the lewd and lascivious

exhibition of the genitals of minors as well as images depicting minors engaged in sexual

explicit conduct. For example, one image depicted an adult holding an infant female's

legs apart while another adult presses his genitals against the genitals of the infant.

10. Based on the foregoing examination, Detective O'Briant applied for an

arrest warrant for Scott Tartan on January 12,2012 at his address in Lancaster. After

reviewing the affidavit, Municipal Judge Henry Campbell, Lancaster, Texas, issued an

arrest warrant for Tartan.

II. On January 20, 2012, I, Secret Service Special Agent Mike Gibbons,

Detective O'Briant, and other members of the Lancaster Police Department, attempted to

execute the warrant at the Lancaster address, but were informed that he had moved in

with his brother at 105 Creekview Drive W, Red Oak, Texas. Based on this information,

we executed the arrest warrant on Scott Tartan at 105 Creekview Drive W, Red Oak,

Texas on the same date. Detective O'Briant and SA Gibbons and I asked ifTartan was

willing to speak with us and Tartan agreed. We interviewed him at the Lancaster Police

Department. Detective O'Briant advised Tartan ofhis Miranda rights and Tartan agreed

to waive those rights.

12. During the interview, Tartan admitted that he had been receiving and

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sending images of child pornography for approximately six months on his cell phone. He

stated that no one else had downloaded pictures to his cell phone. He admitted that he

had been using the social network, "MocoSpace.com" to find people to exchange child

pornography images with. He explained how he searched for child pornography traders

by using the term "picture trader" or "pic trader" followed by "young ones," and "taboo,"

in MocoSpace.com chat rooms. Upon a reply to the aforementioned chat, Tartan would

exchange his cell phone number with the responder, and begin sending and receiving text

messages with attachments of child pornography. Agents showed Tartan some of the

child pornography images that had been located on Tartan's cell phone, and Tartan

admitted to sending and receiving them. Tartan then reviewed his cell phone contact list

and identified 17 phone numbers of people he had sent and received child pornography

from. Several of these were saved under a prename of "pic trader" or "picture trader"

followed by numerical digits. These phone numbers matched several of the phone

numbers associated with the child pornography text messages on his phone. Tartan

confirmed that he has two daughters, ages three and seven from his first wife, though he

denied any sexual activity with them.

13. On January 23,2012, I reviewed the 87 page forensic report ofHSI-ICE

forensic examiner Delgado pertaining to Tartan's cell phone. Between December 28,

20 II and December 31, 2011, over 20 images of child pornography were sent as

attachments to text messages from Tartan's cell phone to at least six different phone

numbers. For example, on December 28,2011, a lewd and lascivious image depicting a

Case 3:12-cr-00036-D Document 1 Filed 01/25/12 Page 7 of 8 PageID 7

nude prepubescent female with her genitals exposed, was sent to ''Cara'' at a phone

number in Sekiu, Washington. On December 29, 2011, a lewd and lascivious image of a

nude prepubescent female lying on her back, grasping her knees and spreading her legs

open, exposing her genitals and anus, was sent to "Amber Moco" at a phone number in

Pinckneyville, Illinois. On the same date, a lewd and lascivious image of a nude

prepubescent female sitting on a chair, with her feet on each arm of the chair, exposing

her genitals, was sent to "JeffPic" to a cell phone number located in Trenton, New

Jersey.

14. Between December 29, 2011 through December 30,2011, there are over

100 text message conversations describing a desire to exchange images ofyoung females.

The word, "kittie" appears at least 17 times in text messages between Tartan an those he

is texting with. "Trade pies" appears at least II times between Tartan and those he is

texting with. On December 29,2011, Tartan's phone sent the text, "got any young girls"

to a phone number located in East Syracuse, New York. On December 29, 20 II, Tartan's

cell phone sent the text, "How young do u like em. Do u got any young hot girls" to a cell

phone number located in Livonia, Michigan. On December 29, 2011, Tartan's cell phone

sent the text message, "Hell yea got any younger" to a cell phone number in Oxnard,

California. Based on my training and experience, these text messages convey a desire to

exchange child pornography.

15. Tartan's cell phone also contained conversations describing his desire to

engage in sexual relations with young children, including his daughters. For example, on

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December 29,2011, Tartan's cell phone contained the following text message, "Call me

daddy tell me to fuck my Lil girl when mommy Leavs," and "U gonna let daddy finger

that Lil pussy is it wet yet."

CONCLUSION

16. Based on the aforementioned factual information, your affiant respectfully

submits that there is probable cause to believe that between December 28, 20 II through

December 31, 2011, Scott Tartan violated Title 18 U.S.C. Section 2252A(a)(I), which

makes it a federal crime for any person to knowingly mail, transport or ship using any

means or facility of interstate commerce or in or affecting interstate or foreign commerce

by any means, including a computer, a visual depiction of a minor engaging in sexually

explicit conduct and the visual depiction is of such conduct.

I respectfully request that this Court issue an arrest warrant for SCOTT TARTAN.

~~~"O ./!FRANKBOUDREA; :z-%.yf/C .Special AgentUnited States Secret Service

Sworn an subscribed before me this 25th day of January, 2012.

\

. .~ . E HARRIS TO'DVER

~. STATES MAGISTRATE JUDGE