Case 2:15-cr-00012-JS Document 1 Filed 12/16/14 Page 1 of 9

AO 91(Rev.11/11) Criminal Complaint

UNITED STATES DISTRICT COURT

for the
Eastern District of Pennsylvania
United States of America

v.
Jose Dany Zacarias-Jaramillo

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Case No.

Defendant(s)

CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.

On or about the date(s) of November 2013 to November 2014 in the county of

Eastern

District of

Pennsylvania

~~~~~~~~

Code Section
18 U.S.C. 2251 (a),(2)
18 U.S.C. 2252(a)(2)
18 U.S.C. 2252(a)(4 )(B)

Philadelphia

in the

, the defendant(s) violated:

Offense Description
(distribution of child pornography)
(receipt of child pornography)
(possession of child pornography)

This criminal complaint is based on these facts:

rlf Continued on the attached sheet.

Joseph K. Hartman, Special Agent- HSI

Printed name and title

Sworn to before me and signed in my presence.

~

Date:

~A)~rf,/(]US~

12/16/2014

Judge 's signat~re

City and state:

Philadelphia, PA

U.S. Magistrate Judge Daviq R. Strawbridge

Printed name and iltle

Case 2:15-cr-00012-JS Document 1 Filed 12/16/14 Page 2 of 9

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

AFFIDAVIT OF PROBABLE CAUSE IN SUPPORT OF COMPLAINT AND

WARRANT
I, Joseph Hartman, being duly sworn, do hereby depose and state:
1.

I am an investigator or law enforcement officer of the United States within the

meaning of Title 18, United States Code, Section 2510(7), that is, an officer of the United
States who is empowered to conduct investigations of, and to make arrests for, the
offenses enumerated in Titles 8, 18, 19, 21, 31 United States Code and other related
offenses. I am currently employed as a Special Agent with U.S. Department of Homeland
S~curity

(DHS), Immigration and Customs Enforcement (ICE) Homeland Security

Investigations (HSI), assigned to the Office of the Special Agent in Charge in

Philadelphia, PA. I have been employed as a law enforcement officer since 1998 and
have been employed with the HSI and its predecessor, the United States Customs
Service, as a Special Agent for over 12 years. As part of my daily duties as an HSI agent,
I investigate criminal violations relating to child exploitation and child pornography
including violations pertaining to the illegal production, distribution, receipt and
possession of child pornography, in violation of 18 U.S.C. 2252(a) and 2252A. I have
received training in the area of child pornography and child exploitation, and have had
the opportunity to observe and review numerous examples of child pornography (as
defined in 18 U.S.C. 2256) in all forms of media including computer media. I have
also participated in the execution of numerous search warrants, a number of which
involved child exploitation and/or child pornography offenses.

Case 2:15-cr-00012-JS Document 1 Filed 12/16/14 Page 3 of 9

2.

The information contained in this Affidavit is based upon my personal knowledge

and observation, my training and experience; conversations with other law enforcement
officers and witnesses, and the review of documents and records. The Affidavit is made
in support of an application for a complaint and warrant to arrest Jose Dany ZacariasJaramillo. Because this Affidavit is being submitted for the limited purpose of
establishing probable cause, I have not included every detail of every aspect of the
investigation. Rather, I have set forth only those facts that I believe are necessary to
establish probable cause to arrest.
3.

Title 18 U.S.C. 2252A(a)(2) prohibits a person from knowingly receiving or

distributing any child pornography or any material that contains child pornography, as
defined in 18 U.S.C. 2256(8), that has been mailed, or using any means or facility of
interstate or foreign commerce shipped or transported in or affecting interstate or foreign
commerce by any means, including by computer.
4.

Title 18 U.S.C. 2252(a)(4)(b) prohibits a person from knowingly possessing, or

knowingly accessing with intent to view any visual depiction that has been mailed, or has
been shipped or transported using any means or facility of interstate of 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 the producing of such visual depiction involved the use of a minor engaging
in sexually explicit conduct and the visual depiction is of such conduct.
5.

Title 18 U.S.C. 2252A(a)(5)(B) prohibits a person from knowingly possessing,

or knowingly accessing with intent to view, any material that contains an image of child
pornography, as defined in 18 U.S.C. 2256(8), that has been mailed, or shipped or

Case 2:15-cr-00012-JS Document 1 Filed 12/16/14 Page 4 of 9

transported using any means or facility of interstate or foreign commerce or in or

affecting interstate or foreign commerce by any means, including by computer, or that
was produced using materials that have been mailed, or shipped or transported in or
affecting interstate or foreign commerce by any means, including by computer.
6.

Between November 9, 2013, and May 21, 2014, the National Center for Missing

and Exploited Children (NCMEC) sent numerous 1 leads to Homeland Security

On November 9, 2013, NCMEC received information from Microsoft that on November 8, 2013, an
email was sent from chery3023@gmail.com to luca-sil4272@hotmail.com. Upon examination of the email,
it was discovered that it contained 23 image file attachments that depicted child pornography. The image
files showed prepubescent naked boys, prepubescent boys performing oral sex, adult males receiving oral
sex from prepubescent boys, adult males penetrating prepubescent boys anally and prepubescent boys tied
up in sexual poses.
On January 7, 2014, NCMEC received information from Microsoft that on January 6, 2014, an email was
sent from chery302@gmail.com to josh intelcore@hotmail.com. Upon examination of the email, it was
discovered that it contained 21 image file attachments that depicted child pornography. The image files
showed naked prepubescent boys and girls, adult males digitally penetrating prepubescent girls both
vaginally and anally and adult males having anal and vaginal sex with prepubescent girls.
On February 26, 2014, NCMEC received information from Microsoft that a SkyDrive user uploaded 34
images depicting child pornography on February 21, 2014, to a SkyDrive account registered to email
address cheryl617@outlook.com. Upon examination of the 34 images provided by Microsoft, it was
discovered several images showed adult males having anal sex with prepubescent boys and the other
images showed naked prepubescent boys. Microsoft also reported the upload of220 images depicting child
pornography to the SkyDrive account registered to email address cheryl 6 l 7@outlook.com on February 21,
2014 in three separate uploads.
On March 27, 2014, NCMEC received information from Google that on March 26, 2014, Google became
aware of the reported image in an upload to an email, which may or may not have been sent from
chery302@gmail.com to an unknown recipient. A secondary email of fcheryl@live.com was listed. Upon
examination of the image provided by Google, it was discovered that it showed an adult male having anal
sex with a prepubescent boy.
On March 27, 2014, NCMEC received information from Google that on March 26, 2014, Google became
aware of the reported image in an upload to an email, which may or may not have been sent from
lokitol298@gmail.com to an unknown recipient. Upon examination of the image provided by Google, it
was discovered that it showed an adult male ejaculating on pubic area of a prepubescent boy.
On April 1, 2014, NCMEC received information from Google that on March 31, 2014, Google became
aware of the reported image in an upload to an email, which may or may not have been sent, from
cheril2355@gmail.com to an unknown recipient. Upon examination of the image provided by Google, it
was discovered that it showed an adult male having anal sex with a prepubescent girl.
On April 2, 2014, NCMEC received information from Google that on April 1, 2014, Google became aware
of the reported images in an upload to an e-mail, which may or may not have been sent 1 from
josel2.JZa@gmail.com to an unknown recipient. Upon examination of the images provided by Google, it

Case 2:15-cr-00012-JS Document 1 Filed 12/16/14 Page 5 of 9

Investigations (HSI) regarding images containing children engaging in explicit sexual

conduct sent and uploaded from the following email addresses: cheri12355@gmail.com,
josel2.jza@gmail.com, chery302@gmail.com, flakito lzacarias@gmail.com,
cheryj407@gmail.com, jose l 29869@gmail.com, lokito l 298@gmail.com,
chery3023@gmail.com, flaco0786@gmail.com, flaco0786 l@gmail.com,
fcheryl@live.com, cheryl617@outlook.com. These email addresses were determined
to be related as they were all accessed from a common IP (internet protocol) address
(50.77.20.166) located at Eds Buffalo Wings and Pizza in Philadelphia, PA. The cellular

was discovered that one showed a prepubescent boy having anal sex with another prepubescent boy. The
second image showed an adult male hand touching the penis of a prepubescent boy.
On April 6, 2014, NCMEC received information from Dropbox that a Dropbox user associated with the
name Chery Zacarias, email address chery3023@gmail.com, user ID number 248684782 uploaded 5 videos
containing child pornography. One of the videos was 4 minutes and 16 seconds in length, it was named" 3
Years Boy Raped ByFather.mp4" and showed an adult male having anal sex with a toddler.
On April 18, 2014, NCMEC received information from Google that on April 14, 2014, Google became
aware of the reported images in an upload to URL address
.
https://picasaweb.google.com/117408013728836825075/HangoutMarioMartinFlacoJaramillo, from email
address flaco0786@gmail.com. Upon examination of the 3 images provided by Google, it was discovered
they showed three different naked prepubescent boys.
On April 22, 2014, NCMEC received information from Google that on April 18, 2014, Google became
aware of the reported image in an upload to URL address https://lh5.googleusercontent.com/UolvltyS8sU/UlG9mk01dvl/ AAAAAAAAEul/ COWuKUYvx_8/s288/2014-04-18, from email address
tlaco0786l@gmail.com. Upon examination of the image provided by Google, it was discovered it showed
a naked prepubescent boy lying on his back with his legs spread up in the air.
On May 14, 2014, NCMEC received information from Google that on May 13, 2014, Google became
aware of the reported images in an upload to a Google account associated with email address
FlakitolZacarias@gmail.com. Upon examination of the 40 images provided by Google, it was discovered
they showed things ranging from different naked prepubescent boys to adult males having anal sex with
prepubescent boys.
On May 14, 2014, NCMEC received information from Google that on May 13, 2014, Google became
aware of the reported image in an upload to a Google account associated with email address
josel29869@gmail.com. Upon examination of the image provided by Google, it was discovered they
showed an adult male having anal sex with a prepubescent boy.
On May 21, 2014, NCMEC received information from Google that on May 20, 2014, Google became
aware of the reported image in an upload to an email, which may or may not have been sent from
cherxj407@gmail.com to an unknown recipient. Upon examination of the image provided by Google, it
was discovered that it showed an adult male having digitally penetrating a prepubescent boy anally.

Case 2:15-cr-00012-JS Document 1 Filed 12/16/14 Page 6 of 9

phone with number 267-648-6498 was found to be associated with many of these
accounts. The defendant was identified through his Facebook profile photograph, as the
cook at Eds Buffalo Wings and Pizza .
7.

A search warrant was served on Google, Microsoft and Dropbox on September 8,

2014. Google responded on October 2, 2014, and a review of the return from Google has

shown that the user of the Google accounts is receiving and distributing large amounts of
child pornography.
8.

At approximately 10:08 a.m. on October 15, 2014, the defendant was observed

walking towards Ed's Buffalo Wings and Pizza. Your affiant dialed 267-648-6498 and
observed the defendant take a cell phone out of his right pants pocket and look at the
phone and return it to his pocket. At approximately 10:09 your affiant dialed the same
number and again observed the defendant take his cell phone from his pocket as he
entered Ed's Buffalo Wings and Pizza.
9.

On October 20, 2014, a court order for location data related to cell phone number

267-648-6498 was approved in the Eastern District of Pennsylvania. On October 21,

2014, the order was served on T-Mobile. At approximately 1:46 p.m. HSI Philadelphia

began receiving location data from T-Mobile. The location data indicated that the phone
was located in the area of S. 5th and Winton Streets in Philadelphia and remained there
overnight.
10.

October 23, 2014, surveillance was initiated in the area of South 5th and Winton

Streets. At approximately 9:36 a.m. the defendant was observed exiting 2129 S. 5th St,
apartment lF. The defendant then proceeded to the comer of S. 5th Street and Snyder
Avenue where he boarded Septa Bus #79 at approximately 9:40 A.M. At approximately

Case 2:15-cr-00012-JS Document 1 Filed 12/16/14 Page 7 of 9

9:45 A.M. the defendant was observed exiting Septa Bus #79 and entering the subway
located at Broad Street and Snyder A venue. At approximately 10:03 A.M. the defendant
was observed walking from the area of the 34th Street and Market Street subway station,
northbound on 34th Street towards Lancaster Avenue where he works at Ed's Buffalo
Wings and Pizza. These movements were corroborated by the tracking device following
the defendant's cellular phone.
11.

On November 19, 2014, a federal search warrant was executed at 2129 S. 5th

Street, Philadelphia, PA. At approximately 9:40 a.m. agents approached the defendant as
he exited the residence, identified themselves and announced that they were present with
a warrant. During the search, various computers, cell phones and electronic media were
seized.
12.

The defendant, who HSI learned was an unauthorized alien who entered the

United States without inspection, was taken into administrative custody for processing as
an authorized alien. The defendant was advised of his Fifth Amendment rights in
Spanish by a Spanish speaking HSI Task Force Officer, voluntarily waived those rights
and agreed to speak to Special Agents. During the interview, the defendant stated that he
used the aforementioned listed email addresses. The defendant stated that he received
and sent pictures and videos of child pornography to other people using his cellular
telephone. He indicated that he stores these pictures in a folder on his cellular phone.
13.

On September 8, 2014, a warrant was served on Google for various G-mail

accounts listed above. Google responded to the warrant and a review of the evidence
showed hundreds of emails being sent and received that by the defendant that contained
attached images and videos as well as links involving child pornography.

Case 2:15-cr-00012-JS Document 1 Filed 12/16/14 Page 8 of 9

14.

On December 15, 2014, your affiant examined an email that was sent on March

31, 2014, from the defendant using the user name "JOAE JARAMILLO" and an email
address ofCHERI12355@GMAIL.COM to an unknown individual with an email address
ofLUCA-SIL4272@HOTMAIL.COM. Attached to this email were twenty-one (21)
images of child pornography. The images depict various pre-pubescent boys in naked
poses or performing oral sex on each other.
15.

On December 15, 2014, your affiant examined an email that was sent on March

27, 2014, by the defendant using the user name "JOAE JARAMILLO" and an email
address of CHERI12355@GMAIL.COM to an unknown individual with an email address
ofCUTEBOY201375@YAHOO.COM. Attached to this email was one video of child
pornography. The video file is 14 seconds in length and shows what appears to be an
adult male having anal sex with a pre-pubescent boy.
16.

Preliminary forensics conducted on the various electronic media seized during the

search warrant has revealed the presence of over 100,000 images and videos containing
child pornography and erotica.

Case 2:15-cr-00012-JS Document 1 Filed 12/16/14 Page 9 of 9

17.

Based on the above, your affiant submits that there is probable cause to believe

that the defendant received, distributed and possessed videos and images of minors
engaged in sexually explicit conduct, in violation of 18 U.S.C. 225l(a),(2) (distribution
of child pornography), 18 U.S.C. 2252(a)(2) (receipt of child pornography), andl 8
U.S.C. 2252(a)(4)(B) (possession of child pornography).

Respectfully submitted,

~~--~~~~~~~JR~eph Hartman
Special Agent
Homeland Security Investigations
Subscribed and~wo
before me this
Decembel\201
~

~?/Z!f
Honorable Da:v1d R.

f:ts Ut ~

trawbndge
United State~-Magistrate Judge