Case 1:11-mj-00001-IDD Document 2 Filed 01/04/11 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE |!p ._.

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

UNITED STATES OF AMERICA

CRIMINAL NO. 1:11MJ1-IDD

KALEB CARL MASTERS

Defendant.

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Janise A. Buckmon, a Special Agent (SA) with the Naval Criminal Investigative

Service (NCIS), Washington Field Office, Washington, D.C., being duly sworn, depose and state

as follows:

1. Your Affiant has been employed as a Special Agent of NCIS since April 2009 and

is currently assigned to the General Crimes Unit at the Washington Field Office. Before joining

NCIS, your Affiant served as a Federal Air Marshal after working as a police officer for three and

a half years. In addition to basic federal law enforcement training and regular in-service training,

I have gained experience through over 120 hours of training in the area of child sexual abuse,

child physical abuse, domestic violence, sexual assault investigations, and Internet crimes against

children. I have attended Strangulation and Domestic Violence Training, Internet Crimes

Against Children (ICAC), Restricted/Unrestricted Reporting for Victims of Domestic Violence

Training, and am in contact with experts in the fields of computers, Internet investigations and
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otherchild exploitation crimes. As a federal agent, your Affiant is authorized to investigate

violations of the laws of the United States and is a law enforcement officer with the authority to

execute warrants issued under the authority of the United States.

2. This affidavit is being made in support of a criminal complaint for Kaleb Carl

Masters, a resident of Arlington, Virginia. Because this affidavit is being made for the limited

purpose of supporting a criminal complaint, not every fact known to your Affiant is being

included.

APPLICABLE STATUTES

3. Title 18, United States Code, Sections 2252(a)(2) and 2252(b)(1) prohibit the

knowing receipt and attempted receipt of any visual depiction of minors engaging in sexually

explicit conduct using any means or facility of interstate or foreign commerce or that has been

mailed or shipped or transported in or affecting interstate or foreign commerce or which contains

materials which have been mailed or so shipped or transported, by any means including by

computer, if (i) the producing of such visual depiction involves the use of a minor engaging in

sexually explicit conduct; and (ii) such visual depiction is of such conduct..

4. Title 18, United States Code, Section 2252(a)(4)(B) makes it a federal crime for

any person to knowingly possess, or knowingly access with intent to view, 1 or more books,

magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that

has been mailed, or has been shipped or transported using any means or facility of interstate or

foreign commerce or in or affecting interstate or foreign commerce, or which was produced using

materials which have been mailed or so shipped or transported, by any means including by

computer, if (i) the producing of such visual depiction involves the use of a minor engaging in
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sexually explicit conduct; and (ii) such visual depiction is of suchconduct.

5. Title 18, United States Code, Section 2256(1), defines "minor" as "any person

under the age of eighteen years."

6. The term "sexually explicit conduct" as used herein, is defined pursuant to Title 18,

United States Code, Section 2256(2) as "actual or simulated (i) sexual intercourse, including

genital-genital, oral-genital, anal-genital, or oral-anal, whether between personsof the same or

opposite sex; (ii) bestiality; (iii) masturbation; (iv) sadistic or masochistic abuse; or (e) lascivious

exhibition of the genitals or pubic area of any person."

7. The term "visual depiction" as used herein, is defined pursuant to Title 18, United

States Code, Section 2256(5) to include "undeveloped film and videotape, data stored on

computer disk or by electronic means which is capable of conversion into a visual image, and

data which is capable of conversion into a visual image that has been transmitted by any means,

whether or not stored in a permanent format."

8. The term "child pornography" as used herein, is defined pursuant to Title 18,

United States Code, Section 2256(8) as "any visual depiction, including any photograph, film,

video, picture, or computer or computer-generated image or picture, whether made or produced

by electronic, mechanical, or other means, of sexually explicit conduct, where (A) the production

of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B)

such visual depiction is a digital image, computer image, or computer-generated image that is, or

is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such

visual depiction has been created, adapted, or modified to appear that an identifiable minor is

engaging in sexually explicit conduct."

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BACKGROUND OF THE INVESTIGATION

9. On July 24,2007, a Marine assigned to the Marine Corps NetworkOperations and

Security Command (MCNOSC), Computer Emergency Response Team (CERT)conducted a

forensic analysis of a computer hard drive after MCNOSC was notified by the Navy Marine

Corps Internet (NMCI) Enterprise Network Operations Center (ENOC) that there was an

unidentified downloader that flagged a Symantec Anti-Virus (SAV) sensor for suspicious or

possibly destructive files.

10. On July 25, 2007, a member of MCNOSC CERT reported discovering an Internet

site called "childpomo.us" in the Internet history file of the above-mentioned computer, which

has a serial number of 5MR4VSBQ and is also identified as workstation WDNXAZ400407. The

computer has an IP address of 158.240.152.185. The individual conducting the forensic analysis

also discovered numerous history files from various pornography websites, including

childpomo.us. A Special Agent with NCIS took possession of the computer's hard drive for safe

keeping.

11. On July 27, 2007, NCIS opened an investigation into the possible child

pornography. On August 2,2007, a Command Authorization was issued for the search of the

hard drive. A request was also made to the Defense Computer Forensics Laboratory (DCFL) to

conduct a forensic analysis.

12. On October 30,2007, DCFL reported that the forensic examination identified nine

images of suspected child pornography and several others that depicted pubescent girls who

appeared to be under 18. Further examination of the Internet Search History provided by DCFL

revealed approximately 242 pages of searches, most of which related to "Lolita" and "Underage
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Pom," which are terms known to be associated with child pornography. The Internet searches

were done under the User ID Kaleb.Masters. The nine images were later found to be the same

three images saved three ways.

13. On February 2,2009, a CD-Rom containing images obtained from DCFL was sent

to NCISHQ for analysis and comparison with the NCISHQ Child Pornography Image Index

(CPU) and also to the National Center for Missing and Exploited Children (NCMEC).

14. On May 18,2009, NCIS received a Child Identification Report (CIR) from

NCMEC. The report contained verifications for six known images of child pornography. Three

images were identified as depicting a minor female known as "Felisha." Three images were

identified as depicting a prepubescent female known as "Heather."

15. On May 26, 2009, Kaleb Masters provided NCIS with two additional computers he

admitted had images of child pornography. Masters waived his Miranda rights and was

interrogated and admitted to possessing and viewing child pornography. Additionally, he

handwrote a statement to NCIS admitting to viewing child pornography at work and at his

apartment located in Alexandria, Virginia. He admitted that he had been looking at child

pornography on his work computer for about a year before his computer was seized in 2007. He

said that he didn't think he looked up child pornography at work after that, but that he continued

to do so at home. He admitted that he knew his conduct was illegal and the potential

consequences that could result.

16. On June 9,2009, a doctor with the Armed Forces Center for Child Protection

(AFCCP) conducted a sexual maturity rating (SMR) on two image files submitted by NCISHQ.

It was determined that both images contained at least one individual under the age of 18.
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17. On August27, 2009, Masters' Officer-in-Charge was interviewed. He stated that

Masters told him he had looked at things he was not supposed to on the computer, but he could

not recall if Masters ever stated that it was child pornography. He also stated that Masters had

never asked him for assistance in getting help.

18. On September 11,2009, the analysis of Masters' work hard drive was reviewed.

DCFL flagged 111 images of known child pornography on Masters' computer.

19. On March 22, 2010, a copy of 453 still image computer files of suspected child

pornography from Masters' home personal computers were submitted to NCMEC for analysis to

determine if any of them depicted victims already identified by law enforcement. On March 31,

2010, a NCMEC analysis determined that the submitted evidence depicted 102 images from 42

known series were of identified minor victims. The minor victims depicted in movie files

included: "Cindy," photographed engaging in sexually explicit conduct in Illinois between seven

and ten years old; "Helen," photographed engaging in sexually explicit conduct in the United

Kingdom between five and nine years old; "Jan_Feb," photographed engaging in sexually

explicit conduct in North Carolina at six years old; "Jenny," photographed engaging in sexually

explicit conduct in Michigan between eight and nine years old; "Misty," photographed engaging

in sexually explicit conduct in Pennsylvania between eight and nine years old; and, "Vicky" who

was photographed engaging in sexually explicit conduct in Washington between ten and eleven

years old.

20. Finally, your Affiant's review of the images submitted to NCMEC on March 22,

2010 revealed a number of web sites identified on the images. The web sites included:

"Illegal.cp," "The Sick Child Room," "Child Porno," "CP Real," "Kinder Surprise," "Pedo
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Love," "Elite Child Pom," "Dark Home Pussy," and, "Extreme Pedo."

21. On November 19,2010, the forensic analysis of the two computers obtained from

Masters' residence was completed. That analysis revealed approximately 200 child pornography

image files recovered from Caleb Masters' laptop computer. One hundred twenty-two child

pornography images on the laptop computer were stored on the computer in early 2009 until

February 4, 2009. The analysis revealed search terms such as "preteen" and"lolita" and many

website visits to websites with titles including the terms "preteen" "lolita" "pedo" and "little

nymphets." The 122 child pornography images were contained in browser cache and had been

deleted. The images are loaded in browser cache memory when a user visits a website. Most of

the images recovered from browser cache depicted prepubescent children engaging in sexually

explicit conduct.

Conclusion

22. Based on the above information, I respectfully submit that there is probable cause

to believe that Kaleb Carl Masters knowingly and intentionally received and attempted to receive

visual depictions of minors engaging in sexually explicit conduct using any means or facility of

interstate or foreign commerce or that has been mailed or shipped or transported in or affecting

interstate or foreign commerce or which contains materials which have been mailed or so

shipped or transported, by any means including by computer, if (i) the producingof such visual

depiction involves the use of a minor engaging in sexually explicit conduct and (ii) such visual

depiction is of such conduct, in violation of Title 18, United States Code, Sections 2252(a)(2),

2252(b)(1) and 2256(8)(A). Accordingly, your Affiant requests that a complaint and arrest
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warrant be issued for Kaleb Carl Masters.

Janise A. Buckmon
Special Agent
Naval Criminal Investigative Service

Subscribed and sworn before me

this H"^^ day ofJanuary 2011.

/s/
Ivan D. Davis
United States Magistrate Judge