Case 4:19-cr-20669-MFL-MJH ECF No.8 filed 10/02/19 PagelD.19 Page 1 of 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN, UNITED STATES OF AMERICA, oe Case:4:19-cr20669 Plaintiff, Judge: Leitman, Matthew F. Mu: ichaniuk, Michael J. Filed: 10-02-2019 At 04:09 PM INDI USA v MONTNEY (sk) v. MICHAEL BRIAN MONTNEY, Defendant, INDICTMENT THE GRAND JURY CHARGES: COUNT ONE RECEIPT OF CHILD PORNOGRAPHY 18 U.S.C. § 2252A(A)(2) Between on at least January 30, 2017 and continuing until September 18, 2019, in the Eastern District of Michigan, MICHAEL BRIAN MONTNEY, knowingly received material that contained child pormography, as defined in 18 U.S.C. § 2256(8)(A), that the child pomography had been mailed, shipped, and transported using a means and facility of interstate and foreign commerce, including a computer; and that the child pornography was produced using materials that had been mailed, shipped and transported in interstate and foreign commerce by any means, including a computer, in violation of 18 U.S.C. § 2252A(a)(2). ‘iCase 4:19-cr-20669-MFL-MJH ECF No.8 filed 10/02/19 PagelD.20 Page 2 of 4 FORFEITURE ALLEGATION 18 U.S.C. § 2253 Upon conviction of the offenses charged in Count One of the Indictment, the defendant, MICHAEL BRIAN MONTNEY, shall, pursuant to Title 18, United States Code, Section 2253, forfeit to the United States the following: ®) ») °) Any visual depiction described in Title 18, United States Code, Sections 2251, 2251A, or 2252, 252A, 2252B, or 2260, or any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped, or received in violation of these subsections; Any property, real or personal, constituting or traceable to gross profits, of other proceeds obtained from such offense; and Any property, real or personal, used or intended to be used to commit or to promote the commission of such offense or any property traceable to such property. If any of the property described above as being subject to forfeiture pursuant to Title 18, United States Code, Section 2253 as a result of any act or omission of the defendant -- 3) D) °) cannot be located upon the exercise of due diligence; has been transferred to, sold to, or deposited with a third party; has been placed beyond the jurisdiction of this Court; 2Case 4:19-cl-20669-MFL-MJH ECF No.8 filed 10/02/19 PagelD.21 Page 3 of 4 4) has been substantially diminished in value; or ©) has been commingled with other property which cannot be divided without difficulty; the United States of America, pursuant to Title 21, United States Code, Section 853(p), intends to seck forfeitire of all other property of the defendant up to the value of the property subject to forfeiture described in the first paragraph above, THIS Is A TRUE BILL. Dated: October 2, 2019 s/GRAND JURY FOREPERSON MATTHEW SCHNEIDER, United States Attomey s/CHRISTOPHER W. RAWSTHORNE s/ANTHONY P. VANCE CHRISTOPHER W. RAWSTHORNE ANTHONY P. VANCE Assistant United States Attorney Assistant United States Attorney 600 Church Street Chief, Branch Offices Flint, Michigan 48502-1280 Phone: (810) 766-5177 Fax: (810) 766-5427Case 4:19-cr-20669-MFL-MJH ECF No.8 filed 10/02/19 PagelD.22 Page 4 of 4 Case:4:19-cr-20669 Companion Case information MUST be completed Judge: Leitman, Matthew F. ‘MJ: Hluchaniuk, Michael J. — Token cece Usuich court Criminal Case _ Filed: 10-02-2019 At 04:09 PM Easter District of Michigan Se USAW HONTNEY @h) [NOTE: Its the responsibilty ofthe Assistant US. Altomnay signing tie form to complatoit accurately nal respocts Companion Case Number: This may be a companion case based upon LOrR 87.10 (b)(4)': | Judge Assigned: D ves AUSA's initials: CWR Case Title: SAV. MICHAEL BRIAN MONTNEY. County where offense occurred : GENESEE Check One: ‘olony O Misdemeanor O Petty Indictment____Information — no prior complaint. XIndictment/___Information-— based upon prior complaint Case number: 19-MJ-30498 Indictment/___Information — based upon Lerk 87.10 () [Compote Suporseding section below) Superseding to Case N Judge: Original case was terminated; no additional charges or defendants. Corrects errors; no additional charges or defendants. Involves, for plea purposes, different charges or adds counts. C1 Embraces same subject matter but adds the additional defendants or charges below: Defendant name Charaes Prior Complaint (if applicable) jotice that the below listed Assistant United States Attorney Is the attorney of record for the above captioned case. October 2, 2019 siCHRISTOPHER W. RAWSTHORNE Date Christopher W. Rawsthorne Assistant United States Attorney 210 Federal Building 600 Church Street Flint, Michigan 48502 Telephone: (810) 766-5177 Email: Christopher Rawsthome@usdo].gov WI BAR# 1059889 "conpanion cue are matrn wit areas) tna snr oon lb re ai te sare ae prse ser rh ce acute he se Ferenc orecararc, Cgea ope compan aes eer Haugh se bem tay rave area been ammo SaCase 4:19-mj-30498-MJH ECF No.1 filed 09/18/19 PagelD.1 Page 1ot7 AUSA: Rawsthome ‘elephone: (810) 766-5177 AO.9H v.11) Criminal Complain, Special Agent? __ Trainer, HSI Telephone: (313) 226-0717 UNITED STATES DISTRICT COURT for the Faster District of Michigan United States of America Micha Brian MONTNEY, ase: 4:19-mj-30498 Judge: Hluchaniuk, Michael J. Filed: 09-18-2019 (CMP USAv MICHAEL BRIAN MONTNEY (TH) CRIMINAL COMPLAINT I, the complainant inthis ease, state that the following is true to the best of my knowledge and belief. On or about the date(s) of, September 18, 2019 {im the county of, Genesee in the Easter _ istrict of _Michigun ‘the defendant(s) violated: Cade Section Offense Description 18 U.S.C. $§ 2252 and 2252. Possession of Child Pornography ‘This criminal complaint is based on these facts: Please see artached affidavit [ZI Continued on the attached sheet. Complainants signature ‘Laura Trainer, Spectsl Agent, HSI Printed name and ile Sworn to before me and signed in my’ presence. DDse:_September 18,2019 adge'ssignanire City and state: Flint, ML Michasl Hluchaniuk, U.S, Magistrate Judge Printed ree and iteCase 4:19-mj-30498-MJH ECF No.1 filed 09/18/19 PagelD.2 Page 2 of7 AFFIDAVIT IN SUPPORT OF AN APPLICATION FOR ‘A SEARCH WARRANT 1, Laura Trainer, being first duly sworn, state as follows: L INTRODUCTION 1. Tama Special Agent with the Department of Homeland Security Homeland Security Investigations (HSI) in Detroit, Michigan. I have been employed as a Special Agent for HSI since March 2007, and am currently assigned to the Cyber Crimes Group. While employed as a Special Agent by HSI, I have assisted with investigations related to child exploitation and child pornography. I have received training in the area of child pomography and child exploitation, and have had the opportunity to observe and review examples of child pomography (as defined in 18 U.S.C. § 2256) in all forms of media, including computer media. In June 2019, I successfully completed the International Crimes Against Children (ICAC) Undercover Chatting Investigations training held in Fairfax, Virginia. 2. This affidavit is made in support of an application for a criminal complaint and arrest warrant for Michael Brian MONTNEY for violations of 18 U.S.C. Sections 2252A(a)(2) (receipt of child pomography) and 2252A(a(5) (possession of child pornography).Case 4:19-mj-30498-MJH ECF No.1 filed 09/18/19 PagelD.3 Page 3of7 3. The facts set forth in this affidavit are based upon my personal observations, my training and experience, and information made available to me by other law enforcement professionals. These facts are provided for the sole purpose of establishing probable cause for the issuance of a criminal complaint and arrest warrant; therefore, this affidavit does not necessarily contain all information uncovered during this investigation, Because this affidavit is being submitted for the limited purpose of securing a criminal complaint and arrest warrant, I have not included each and every fact known to me concerning this investigation. I have set forth only the facts that I believe are necessary to establish probable cause for an arrest warrant for Michael Brian MONTNEY. 4. Pursuant to the provisions of Title 18, United States Code, section 2256, “child pornography,” as used in this affidavit, includes any visual depiction, including any photograph, film, video, picture, or computer generated image or picture of sexually explicit conduct where the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct.Case 4:19-mj-30498-MJH ECF No.1 filed 09/18/19 PagelD.4 Page 4 of 7 PROBABLE CAUSE Initiation of Investigation and Overview of “Website M” 5. Based on an ongoing investigation, HSI Phoenix identified Michael MONTNEY as a potential purchaser of child pornography from Website M.' On September 18, 2019, HSI Detroit Special Agents, to include your affiant, conducted a consensual “knock and talk” encounter at MONTNEY’s residence located at I. Morris, MI. After announcing their presence at his residence, your affiant encountered MONTNEY. After being informed as to why HSI was at the residence, MONTNEY stated that he had child pornography on his desktop and provided consent to search his home and his electronics. 6. MONTNEY was told that he was not under arrest but that HST agents wanted to interview him about the ongoing investigation, MONTNEY stated that he was willing to be interviewed by HSI agents and was willing to answer questions related to the ongoing investigation. Agents advised MONTNEY of his Miranda rights, and MONTNEY made the following pertinent, non-verbatim statements: ‘Law enforcement knows the actual name of Website M. However, the investigation into users of Website M remains ongoing, and public disclosure of Website M's actual name would potentially alert its’members to the investigtion, likely provoking members to notify other members of the investigation, to flee, and/or to destroy evidence. Accordingly, to preserve the confidentiality and integrity of the ongoing investigation, the actual name and other identifying details of Website M remain undisclosed in this affidavit.7. Case 4:19-mj-30498-MJH ECF No.1 filed 09/18/19 PagelD.5 Page 5 of 7 a. MONTNEY admitted to using the email address associated with purchases of child pornography made from Website M. s MONTNEY adiitted to purchasing, accessing and downloading child pornography from the Internet. MONTNEY provided the names of two separate websites that he used to purchase child pornography. MONTNEY stated that, at one time, he paid for access month to month but that he had recently purchased a one-year membership for $200. c. MONTNEY stated that he possessed child pomography on his laptop, desktop and external hard drive in his home, MONTNEY stated that he was sexually interested in underage, post pubescent females but that he likely possessed child pornography with children as young as toddlers. d. MONTNEY stated that he looks at child pornography every day, both before and after work for approximately an hour at a time. MONTNEY stated that he masturbates every time he looks at child pomography. During the interview of MONTNEY, a forensic preview of his desktop computer was conducted. This preview revealed images of nude minor female children. & MONTNEY denied hands-on sexual contact with minor children. MONTNEY was asked if he would be willing to take a polygraph examination in 4Case 4:19-mj-30498-MJH ECF No.1 filed 09/18/19 PagelD.6 Page 6 of 7 regards to this and he stated that he would. MONTNEY was provided the address for a polygrapher with the Federal Bureau of Investigations and agreed to follow your affiant to that address. 9. Prior to the polygraph examination, MONTNEY was again provided his Miranda rights, which he acknowledged. During pre and post-test interviews, MONTNEY made the following pertinent, post-Miranda statements: a. MONTNEY estimated that he possessed approximately one million images and videos of child pornography. When asked if he was collecting child pornography, MONTNEY stated “Oh, I’m collecting them”. s . MONTNEY admitted to seeing “infant stuff” which he defined as “sex with infants”. MONTNEY estimated that he possessed approximately 100 files of this nature. c. MONTNEY admitted to touching the thigh of an approximately 9 year old girl 15 years ago in a sexual manner to see if she would get excited. MONTNEY admitted to getting angry with her and yelling at her when she said she would tell her parents. Es |. MONTNEY also admitted to touching the penis of a two year old boy when he was approximately nineteen.Case 4:19-mj-30498-MJH ECF No.1 filed 09/18/19 PagelD.7 Page 7 of7 e. MONTNEY also admitted to sexual attraction of a 11 year old girl approximately 20 years ago with whom he had regular contact. CONCLUSION 10. Your Affiant respectfully submits that there is probable cause to believe that Michael Brian MONTNEY violated Title 18, United States Code, Sections 2252A(a)(2) (receipt of child pornography) and 2252A(a)(5) (possession of child pornography). 11. Wherefore by this affidavit and application, Affiant requests that the Court authorize the issuance of a criminal complaint and arrest warrant for Michael Brian MONTNEY. Respectfully submitted, Laura Trainer, Special Agent Department of Homeland Security Homeland Security Investigations Subscribed and sworn to before me on the 18" day of September, 2019. — Mecha Pl AC ssha sik HONORABLE MICHAEL HLUCHANIUK. UNITED STATES MAGISTRATE JUDGE