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

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091 (Rev. 8/85) Criminal Complaint
. U.S. DISTRICT CO! 'iii
i\<ORTHERN DISTRICT OF TEXAS
rlLtU
United States District Court
JAN 252012
NORTHERN DlSTRICTOF TEXA
UNITED STATES OF AMERICA
COURT
Deputy
A
V.
SCOITTARTAN
CRIMINAL COMPLAINT
CASE NUMBER: 3-12-MJ.Y\ '
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 a
computer, a visual depiction of a minor engaging in sexually explicit conduct and the visual
depiction 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 that
this complaint is based on the following facts:
See attached Affidavit of Special Agent Frank Boudreaux, United States Secret Service which is
incorporated and made a part hereof by reference.
Continued on the attached sheet and made a part hereof: X Yes No

Signature of Complainant I'
FRANK BOUDREAUX
Special Agent, USSS
14/"-.-
Sworn to before me and subscribed in my presence, on thisA/ __day of J
Texas.
RENEE HARRIS TOLIVER
UNITED STATES MAGISTRATE JUDGE
Name & Title of Judicial Officer
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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.
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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 of Texas. 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 of Title
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
of Texas.
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
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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.
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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 if Tartan was
willing to speak with us and Tartan agreed. We interviewed him at the Lancaster Police
Department. Detective O'Briant advised Tartan of his 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
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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 "Jeff Pic" 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 of young 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 Agent
United States Secret Service
Sworn an subscribed before me this 25th day of January, 2012.
\
. .
~ . E HARRIS TO'DVER
~ . STATES MAGISTRATE JUDGE