[VAR & VSEA]"AFFIDAVIT OF FBI SPECIAL AGENT SEAN WELLS IN SUPPORT OF AN APPLICATION FOR A CRIMINAL COMPLAINT AND ARREST WARRANT UNDER SEAL
I, Sean Wells, a Special Agent of the Federal Bureau of Investigation (FBI), being duly sworn, state as follows:
INTRODUCTION
1. I make this Affidavit in support of an application for a criminal complaint and arrest warrant for CAMERON ALDEN MOORE, date of birth 01/29/1959, residing in Loveland, Colorado, for the transmission of threatening communications in interstate commerce in violation of Title 18, United States Code Section 875(c) .
AFFIANT”S BACKGROUND
2. I am a Special Agent of the FBI, and I am currently assigned to the Oakland Resident Agency of the San Francisco Field Office. I have been a Special Agent with the FBI for 6 ½ years. Since joining the FBI, I have investigated federal violations involving violent crime involving violent crimes such as extortion and threats over the Internet. As an FBI agent, I am responsible for enforcing federal criminal statutes involving violations of Interstate communications pursuant to Title 18, United States Code, section 875.
RELEVANT STATUTES
3. The arrest warrant is specifically for violation of Title 18, United States Code Section 875(c). Section 875(c). states that “whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.”
FACTS SUPPORTING PROBABLE CAUSE
4. I have learned the following facts through information I obtained from the victims in this case, Michelangelo Delfino and Mary Day, and from their attorney Jon Eisenberg; Yahoo subscriber information of screen names used by Cameron Moore; information obtained from Agilent Technologies in Loveland, Colorado where Moore worked; and interviews with Cameron Moore resulting in his admission of the crime. Since this Affidavit is being submitted for the limited purpose of securing a criminal complaint and arrest warrant, I have not included every fact known to me concerning this investigation.
5. On April 25, 2002, Michelangelo “Michael” [sic] Delfino and Mary Day (hereafter referred to as Delfino and Day) contacted the FBI regarding threats they have been receiving over the Internet. Delfino and Day reside in Santa Clara County.
6. Delfino and Day advised that they were in a civil suit litigation against their former employer Varian Medical Systems (VAR), for First Amendment Rights issues. Delfino and Day engaged in posting their views and sentiments against VAR via the Internet either through the creation of their personal websites or through postings t a Yahoo! Message Board, entitled “VAR.”
7. Delfino and Day claimed that the threatening e-mails and postings escalated after they won an injunction from the Superior Court of California in February 2002, which lifted the the restriction of banning them from posting their views on the Internet. Delfino and Day operate a website, www.MOBETAINC.COM. These Internet threats came from individual(s) utilizing the following Yahoo screen names: “crack_smoking_jesus,” “mdx_are_hell,” “mdx2_are_hell,” “mdx2_may_be_insane,” “tap_dancing_jesus,” “dr_camster,” “sledge_delfino_has_comby_breath,” “dr_dweezil2001,” “fifthhorseman_2002,” and “why_not_kick_em_when_theyre_down.”
8. The threats Delfino and Day received originated via e-mail or through postings at “VAR” ranged from sexual vulgarities, hints on the types of weapons that the individual(s) would employ to hurt Delfino and Day, to the individual(s)’s claim that unidentified associates who would pay Delfino and Day a personal visit for the purpose of hurting Delfino and Day. The following excerpts illustrate the threatening nature of the e-mails and postings received by Delfino and Day:
a) On April 18, 2002, a message board posting on the Yahoo! Message Board VAR by an individual using the Yahoo screen name crack_smoking_jesus stated: “There’s a big difference between a punch in the stomach and a crowbar to the face. Or a beer bottle smashed on an open head…”
b) On April 22, 2002, a posting by crack_smoking_jesus on VAR said: “I’ve heard that about various sticks, nun-chucks, etc. The stealth factor must be considered at al times. With the bat (properly treated) you can put a glove around the handle and it looks innocuous beyond 20 feet or so…Another goodie is a “tire buddy”, a device used by truckers to check if tires are flat…It also has a leather wrist strap so you can cinch it up tight in your hand and you don’t lose it if you get an odd recoil from a “tire”. Reasonably easy to conceal, especially with deep pockets.”
c) On April 22, 2002, a posting crack_smoking_jesus on VAR said: “that Mikey is going to DIE real soon. I heard he pissed off the wrong people. Expected for a LOSER.” “Mikey” refers to Michael [sic] Delfino.
d) On April 23, 2002, a posting by crack_smoking_jesus on VAR said: “I’d say someone wants to graduate from fingers to limbs. What do you think? (Not Mike-you can’t think.).”
e) On July 17, 2002, a posting by crack_smoking_jesus on VAR said: “NOTHING can stop these lame American losers from getting the SHIT beat out of them every FUCKING DAY – NOTHING!! Try as he might, harass as he will, HIS MESSAGES KEEP DISAPPEARING!!! And he is IMPOTENT to stop it!…”
f) On July 17, 2002, an e-mail message to Delfino by an individual using the screen name “x yz” dr_dweezil@yahoo.com stated: “Keep it up, mother-fucker. I’ll keep that6 in mind as I beat the living crap out of you. We’ll see what prevails when your cutesy attitude meets the hard surface of violating other people’s rights. You asshole.”
g) On July 18, 2002, a posting by crack_smoking_jesus on VAR said: “I arranged for you to have a visitor. Have they been there yet? If not, then they will visit soon. Don’t say I didn’t warn you. Criminal matters are handled less carefully than civil matters.”
h) On July 30, 2002, an e-mail message to Delfino by an individual using “x yz” dr_dweezil@yahoo.com said: “It’s coming motherfucker, and you won’t see it. I seriously hope you have health insurance because you’re going to get your ass stomped by me and some friends. The best part will be you won’t be able to prove it was me- I already have proof I was somewhere else.
”You can look forward to all your fingers getting broken, several kicks to the ribs and mouth, break some teeth, and a cracked head. Also, your car will be trashed and your computer destroyed. Maybe set your place on fire so you can be evicted. If your cunt is there, she’ll take a little ride to the parts of San Jose where they don’t speak english… You won’t always have whatever weapon you think will protect you. And you’ll never know when the hammer is coming down on YOU…Die, motherfucker. You’ll wish you had.”
9) Delfino and Day advised that they have never received any overt threats in person. April 25, 2002, Delfino and Day’s attorney Jon B. Eisenberg, furnished a letter along with attachments, summarizing the threatening e-mails and messages on Yahoo! Message Board.
10) Delfino and Day further advised that based on header information they received from various e-mails, that the originating Internet Protocal (IP) address came back to Agilent Technologies (AT) whom they believe was from an individual named Cameron Moore. Delfino and Day had never heard from nor been contacted by Moore until this time.
INVESTIGATION OF CAMERON MOORE
11) On July 22, 2002, results form a Federal Grand Jury (FGJ) subpoena regarding the subpoena for subscriber information of the Yahoo screen names crack_smoking_jesus, dr_dweezil2001, and dr_camster were obtained from Yahoo.
12) A review of the subscriber information from Yahoo has indicated that the above-referenced screen names were all under the main Yahoo account drcamster@yahoo.com. All of the above screen names revealed a common Internet Protocal (IP) address 192.250.240.22 thru 192.250.240.26, which belonged to Agilent Technologies, 395 Page Mill Road, Palo Altp, CA 94306, telephone no, (408) 553-2550.
13) Subsequent contact with Securities Manager Douglas J. Buffington, from Agilent’s office in Loveland, Colorado, telephone number (970) 288-0526, in July 2002 confirmed that the above range of IP addresses along with the specific date, time and zone information outlined under screen names dr_dweezil2001’s IP log in history for the time period June 27, 2002 thru July 10, 2002, belonged to AT employee Cameron Moore. In February 11, 2003, Buffington reiterated the above-mentioned process and confirmed that the user for the above dates and times with the corresponding IP addresses belonged to Cameron Moore.
INTERVIEW OF CAMERON ALDEN MOORE
14) In August 2002, I telephonically interviewed Cameron A. Moore, who currently resides in Loveland, Colorado. I informed Moore that he was not under arrest. Moore consented to a telephone interview, He voluntarily provided the following information:
a) Moore had been employed at AT in Loveland, Colorado, as a Scientific Engineer for the past five years. Moore admitted ownership of the Yahoo screen names: carck_smoking_jesus, dr_dweezil2001, and dr_camster. Moore also admitted to writing the e-mails and postings on VAR. He stated that he did not mean to carry out what he had written on those e-mails and postings, and that he was remorseful. Moore subsequently faxed me a letter dated August 6, 2002 in which he reiterated his guilt in sending the threatening communications and stated that he would no longer post messages in the locations in which the threatening messages had been posted.
c) Following my receipt of this communication, I received additional complaints from Delfino, Day, and their counsel about additional postings of messages from Moore directed at Delfino and Day. In light of this information, I again contacted Moore on January 15, 2003. Moore acknowledged continuing to post messages to Delfino and Day. Moore further acknowledged that he had visited the Palo Alto area in November 2002, a community close to the area where Delfino and Day reside. Moore stated that he visited California to give a presentation and denied any involvement in attempting to physically contact Delfino and Day while he was in the Bay Area.
CONCLUSION
15. Based on the foregoing, there is probable cause to believe that Cameron Moore has violated 18 U.S.C. Section 875(c), the transmission of threatening communications in interstate commerce. Moore has used interstate e-mails and postings on message boards to direct express violent threats at Delfino and Day, including the statements "There's a big difference between a punch in the stomach and a crowbar to the face," Mikey is going to DIE real soon," "I'll keep that in mind as I beat the living crap out of you," and "You can look forward to all your fingers getting broken, several kicks to the ribs and mouth, break some teeth, and a cracked head." I believe these qualify as threatening communications. Furthermore, these messages were e-mailed and posted on message boards through the Internet, a facility in interstate commerce. Finally, Moore resides in Denver, Colorado, strongly suggesting that the messages originated in Colorado prior to being received by Delfino and Day in the Santa Clara County area.
16. Wherefore, I respectfully request that a complaint and arrest warrant be issued authorizing the Federal Bureau of Investigation, with appropriate assistance from other law enforcement officers, to arrest Cameron Alden Moore.
REQUEST FOR SEALING
17. Investigation is continuing and disclosure of the contents of this Affidavit will jeopardize the progress of the investigation. Accordingly, I request that the Court issue an order, pursuant to which, this Complaint, Affidavit, as well as related documents, be filed under seal until further order of this Court.
signed SEAN WELLS
Federal Bureau of Investigation Special Agent
Sworn to and subscribed before me on this 12 day of February 2003.
signed PATRICIA V. TRUMBULL
Chief United States Magistrate Judge"
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