Case 1:11-cr-00215-JCC Document 3 Filed 02/28/11 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE

EX
EASTERN DISTRICT OF VIRGINIA
FEB 2 8 2011
CLERK. U.S. DISTRICT COURT
Alexandria Division ALEXANDRIA, VIrAiS^""7

UNITED STATES OF AMERICA )

)
v. ) CRIMINAL NO. 1:11MJ162-IDD
)
MIKE DOUGLAS LATHAM )
)
Defendant. )

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Nickolas Boffi, a Task Force Officer with the Federal Bureau of Investigation (FBI),

Washington Field Division, Washington, D.C., being duly sworn, depose and state as follows:

1. Your Affiant has been employedas a police detective with the Fairfax CountyPolice

for the past seventeen years in both patrol and investigative capacities. Your Affiant is currently

assigned totheCriminal Investigations Bureau, Child Exploitation Unit, which isresponsible for the

investigation ofcrimes against children. Your Affiant isalsocurrently assigned asa taskforce officer

with the Federal Bureau of Investigation, Child Exploitation and Human Trafficking Unit. Your

Affiant has received training involving Internet Crimes Against Children (ICAC) and has also

receivedadditional training in reference to collecting and recognizing Child Pornographyfrom the

Federal Bureau of Investigation. As a task force officer, your Affiant is authorized to investigate

violations oflaws ofthe United States and is a law enforcement officer with the authority to execute

warrants issued under the authority of the United States.

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2. This affidavit is being made in support of a criminal complaint for Mike Douglas

Latham. 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. This investigation concerns alleged violations of Title 18, United States Code,

Sections 2252 and 2252A, relating to material involving the sexual exploitation of minors.

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

knowing distribution and attempted distribution of any visual depiction of

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

interstateor 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.

b. Title 18, United States Code, Sections 2252A(a)(2) and 2252A(b)(!) prohibits

the knowing distribution and attempted distribution of any child pornography

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

foreign commerce by any means, including by computer.

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

under the age of eighteen years."

d. The term "sexually explicit conduct" as used herein, is defined pursuant to Title
Case 1:11-cr-00215-JCC Document 3 Filed 02/28/11 Page 3 of 8

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 persons of 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."

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."

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

4. On August 27,2010, your Affiant used a law enforcement tool to review a list of

Internet Protocol ("IP") addresses that had recently been recorded as sharing, in the

Commonwealth of Virginia, child pornography images or videos on a peer-to-peer file sharing

network.

5. The tool indicated that the IP address 71.246.222.21 (hereinafter the "SUBJECT

IP") wasused to share child pornography images and/or videos on the P2P network. An IP

address is unique to a particular computer during an online session and provides a unique

location to make it possible for data to be transferred between computers.

6. Using the law enforcement tool, yourAffiant was able to view that SUBJECT IP

was sharing a total of 1,199 files on the P2P network to include a total of forty-four (44) child

notable files.

7. On September 25,2010, your Affiant logged onto the Internet in an undercover

capacity and accessed the P2P network. Your Affiant used a P2P software client program to

connect directly to the SUBJECT IP. Your Affiant wasable to obtain a single-source download

for the SUBJECT IP. After downloading, your Affiant reviewed the video titled "Jho- Russian

pthc.mpg" with a SHA-1 hash value of 3DDA6CA4482F7FCE6A47C20E8EEE5D4F23F22787.

"Jho- Russian pthc.mpg" is a video 48 minutes and 45 seconds in length containing a collection

of videos depicting prepubescent naked females with the focus of the video on the genital region

of the females. The video also depicts prepubescent naked females engaged in sexual acts with

an unknown male.

8. On October 8, 2010, your Affiant logged onto the Internet in an undercover

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capacity and accessed the P2P network. YourAffiant used a P2P software client that allowed me

to browse files being shared by the SUBJECT IP. Your Affiant observed the SUBJECT IP was

sharing the following files: "(hussyfan) (pthc) (r@ygold) (babyshivid) (ptsc) - 13yo chihura.mpg"

with a SHA-1 value of USHN6ZJYGIF7AENIJJRR4ZU563APEIQS; and "ULTIMATE PTHC

Daphne 9yo plenity sex pleasure (babyshivid underage Babyj hussyfan childloverxxxx).mpg"

with a SHA-1 value of SJA4PMVFLTV06LINIWW60KHTZUK5C4G5.

9. Your Affiant initiated a download from another source for SHA-1 value

USHN6ZJYGIF7AENIJJRR4ZU563APEIQS. Once the download was complete, your Affiant

reviewed the video file that is 1 hour, 13 minute and 21 second in length. The video first shows a

prepubescent female standing clothed in a bedroom. Theoperator of the video camera films the

girl from head to toe from different angles. The video then shows the same girl nude being

vaginally penetrated by anunknown male's penis. The girl can be heard yelling in pain during

the penetration.

10. Your Affiant initiated a download from another source(s) for a file with SHA-1

value SJA4PMVFLTV06LINIWW60KHTZUK5C4G5. Once the download was complete, your

Affiant reviewed the video file that is 57 minutes and 16 seconds in length. The video starts by

showing a clothed, prepubescent female laying on a bed. The operator of the video camera films

the clothed girl's crotch and breast areas. Next, the video shows the same girl nude being

vaginally penetrated by a finger. In addition, the video shows the girl engaged in various sexual

acts, including fellatio, with an unknown male.

11. Investigation revealed that the SUBJECT IP was located in the Eastern District of

Virginia, and owned by Verizon Internet Services, Inc. Pursuant to an administrative subpoena,
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Verizon Internet Services, Inc. revealed that Internet provider number 71.246.222.21 was

assigned to the SUBJECT PREMISES starting on November 11,2009 through October 8,2010

[during the time of my downloads]. Verizon Internet Services, Inc. listed a female property

owner of the residence as the account subscriber. A public records database check of the

SUBJECT PREMISES and listed three people (including Mike Douglas Latham) as living at the

residence.

12. On October 28, 2010, FBI agents executed a search warrant at the residence of

Mike Douglas Latham in Vienna, Virginia. Mike Douglas Latham arrived at the residence while

the search was being conducted and agreed to be interviewed by agents on the search team.

Latham told agents that all of his computers were password protected and that he was the only

person to use hiscomputers. Latham identified one of hiscomputers as the computer used to

view adultand child pornography. He said that he installed a program called"FrostWire" that

makes files available for downloading by others. He said that one of the standard download

defaults in the FrostWire software program was changed to direct the files he downloaded into a

folder he labeled "dump." He said that he used search terms including "teen," "interracial,"

"PTHC," and "Lolita" to view images and videos of females aged 12 to 16 years old engaged in

sexual activities. He also said that he prefers videos because they provide more stimulation. He

further explained that when he downloads the child pornography he reviews it because

sometimes the videos do not match the titles. In addition, if he really likes what he downloaded,

he renames the file using an exclamation point or an ampersand so that the files appearat the top

of his collection list. He estimated that he had between 90 and 100 child pornography videos.

He said that he has downloaded bestiality videos using the "FrostWire" client but he only views
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that type of videos once a quarter. He said that a few of the child pornography videos involve

bondage but they are not his favorites.

13. The computers and digital media seized from Mike Douglas Latham's residence

were submitted for a digital forensics examination which was completed on November 9,2010.

The examination revealed over two dozen child pornography still image files and more than one

hundred twenty child pornography movie files including movies depicting prepubescent bondage

and bestiality. Most of the child pornography movie files included "PTHC" in the titles. Your

Affiant knows from trainingand investigation that "PTHC" means pre-teen hard core to

distributors of child pornography files. In addition, fifteen of the child pornography movie files

had titles starting with either an exclamation point or an ampersand which caused the fifteen files

to appear at the topof the list of movie files. One of the seized computers had independent

operating systems installed in three different partitions. Two of the partitions had the FrostWire

peer-to-peer software program installed to share files including still image and video files. The

FrostWire programs were installed on or about May 12,2010 and on or about May 23,2010 on

the partitions.

14. A review of the child pornography still image files and the child pornography

movie files revealed several minor victims identified by law enforcement in other investigations.

The minor victims depicted in movie files included: "Jenny," photographed engaging in sexually

explicit conduct in Michigan between eight and nine years old; and, "Vicky" who was

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

old. Many of the child pornography movies depicted prepubescent females engaging in sexually

explicit conduct. The child pornography movies ranged in length from a few minutes to over an
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hour in running time. One of the child pornography movies recovered was "Jho-Russian

pthc.mpg" the same 48 minute and 45 second movie downloaded from Mike Douglas Latham's

IP address on September 25, 2010.

Conclusion

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

to believe that Mike Douglas Latham knowingly and intentionally distribute and attempted to

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

facility of interstate or foreign commerceor that has been mailed or shipped or transported in or

affecting interstate or foreign commerce or whichcontains 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 minorengaging in sexually explicit conductand (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 warrant be issued for Mike Douglas Latham.

Nickolas Boffi
Special Deputy U. S. Marshal

Subscribed and sworn before me

this 28th day of February 2011.

tsl
Ivan D. Davis
United States Magistrate Judge