National Aeronautics and Space Administration Office of Inspector General Office of Investigations C-AR-15-0076-0 August 27, 2015 HERNAEZ, Arthemuel CASE CLOSURE: On December 5, 2014, the Reporting Agent was notified by| 17 Security Group (1TSG), Ames Research Center (ARC), Moffett Field, CA, that ‘while conducting incident response in connection with a malware alert, his team noted what appeared to be data indicating that a NASA intern was downloading child pornographic material onto his personal laptop computer. The possible malware incident was documented in NASA Security Operations Center (SOC) Incident Management System (IMS) Ticket# SOC-20141205- 473646, The RA and] from NASA OIG ARC, with (geaaiaamnmemearpaess from NASA ARC Physical Security, responded to the workspace of Arthemuel Panes HERNAEZ, Intern SU gASMERRRONOPAR’, ARC, where the group found HERNAEZ working at his laptop computer. During the encounter, including after he was informed he did not have to say anything and he was free to leave, HERNAEZ made several excited utterances, including: "I made a mistake.” “Twill never do it again.” “Ihave child porn, Why am I not getting arrested?" ‘The RA requested consent from HERNAEZ to seize and search HERNAE?’s personal laptop computer, which he granted, both verbally and in writing, and the RA seized the computer. The RA, while under the auspices of HERNAEZ consent, conducted a brief preliminary search of the forensic Image of HERNAEZ’s personal laptop computer and confirmed the presence of images and videos on the computer that appeared to depict naked underage children engaged in sexually explicit conduct ‘The RA advised HERNAEZ of his legal rights, which he waived and provided a verbal and written statement confessing to downloading, possessing, and viewing child pornographic, which he said he knew to be wrong and against the law (see 302 for additional details of the interview). On December 10, 2014, the RA coordinated with| Assistant United States Attorney (AUSA), US Attorney's Office (USAO), Northern District of California, San Jose, CA, and ‘briefed him on all aspects of this investigation. stated that his office formally declined to stated that, based on the facts of the case, probable cause existed to believe that HERNAEZ committed offenses related to the tltegal download and possession of child pornographic APPR: ‘CLASSIFICATION: WARNING | This document is the property ofthe NASA Oifice of Inspector General and is on FOR OFFICIAL USE ONLY! ican to your agency. Contents may notbe disclosed to any party under Investigation nor may this document be distributed cutsie the receiving agency ‘without the specifi prior authorization of the Assistant Inspector General for | Investigations.materials, and (490009 fully supported the RA seeking prosecution via the Santa Clara County District Attorney's Office. On December 10, 2014, the RA coordinated with Child Exploitation Detail, Silicon Valley Internet Crimes Against Children (ICAC) Task Force, San Jose Police Department (SJPD), San Jose, C4, and briefed him on all aspects of this investigation (including the AUSA declination and the fact that HERNAEZ downloaded child pornography to his computer while living at an address in San Jose, CA). (@UH@009R stated that the local District ‘Attorney's Office would certainly file a criminal complaint based just on the evidence as current developed. The RA provided a copy of the forensic images of HERNAEZ’s personal computer to ‘who obtained a warrant and conducted a preliminary forensic examination confirming the RA’s previous findings. On january 8, 2014, the RA briefed S7—NmRORANIE Santa Clara County Deputy District Attorney, Sexual Assault Unit Supervisor, San Jose, CA, on all aspects of this matter under investigation, opined that she believed there was sufficient probable cause to request an arrest warrant for HERNAEZ, based on the facts of the case, On January 14, 2015, Superior Court Judge fA NGNENORNRER Santa Clara County, 190 West Hedding Street, San Jose, CA 95110, issued a felony warrant for the arrest of HERNAEZ. The warrant was picked up and delivered to NASA OIG by’ WUMIAIIIL san jose Potce Department ($}PD). Internet crimes Against Children (ICAC), Sen Jose, CA. Pursuant to the warrant, HERNAEZ was arrested at Building N207, ARC, a 2nd RSENS 2 0F5)PD/Icac. and| ‘transported HERNAEZ to the Santa Clara County Jail, where he was in-processed before being sent to the jail. On May 12, 2015, the RA coordinated with fiSaeaaneaeReRUIiNRIES Assistant District Attorney, Santa Clara County, CA, who related HERNAEZ appeared in court and pled guilty toa felony violation of California Penal Code Chapter 7.5 ~ Obscene Matter, Subsection 311.11 (covering the possessing child pornography). HERNAEZ was sentenced to four (4) months in Santa Clara County jail plus three (3) years of formal probation, as well as being ordered to pay $1930.00 in fines and fees, as part of his pleas agreement. According to Clerk, Santa Clara County District Attorney's Office, San Jose, CA, HERNAEZ is not appealing the decision. No further investigation is required, and itis recommended that this case be closed based on the above information. 1 Attachment 1 Sentencing Minutes and Abstract of Judgment Prepared by: ASG DISTR: File CLASSIFICATION: T WARNING | Tis document is the property ofthe NASA Office of Inspector General and is on FOR OFFICIAL USE ONLY oan to your agency. Contents may not be disclosed to ary party under investigation nor may this document be distebued ouside the receiving agency without rhe specifi prior authorization ofthe Assistant Inspector General for Investigations.