Case 4:21-cr-40019-JPG Document 1 Filed 02/04/21 Page 1 of 8 Page ID #1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA
Plaintiff,
20-MJ-4013-RJD
vs. CASE NUMBER
KEVIN G. REAGAN
Defendant.
CRIMINAL COMPLAINT
I, Brian Wainscott, the undersigned complainant, being duly sworn, state the following is
true and correct to the best of my knowledge and belief:
Count 1
(Attempted Enticement of a Minor)
From on or about January 31,2021,until on or about February 3,2021,the
defendant.
KEVIN G.REAGAN,
in Williamson County, Illinois, within the Southem District of Illinois, and elsewhere,
using facilities ofinterstate commerce,that is a cellphone connected to the Internet, did
knowingly attempt to persuade, induce, entice, and coerce an individual who had not
attained the age of 18 years,to engage in prostitution and in sexual activity under such
circumstances as would constitute a criminal act under 720 ILCS 5/11-1.60(d)
(Aggravated Criminal Sexual Abuse), in violation of 18 United States Code, Section
2422(b).
1 further state that this complaint is based on the following facts:
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INTRODUCTION
1. I am a Special Agent(SA)with the Federal Bureau ofInvestigation(FBI)and
have been so employed since 2016. I am currently assigned to the Springfield, Illinois, Division
ofthe FBI where,for the past year, I have been assigned to work investigations related to violent
crimes against children. Prior to this assignment,I was assigned to the Las Vegas Division of
the FBI for approximately 3 years where I conducted gang and narcotics investigations. Prior to
joining the FBI,I was a police officer in the Village of Mundelein, Illinois for 14 years. I have
received law enforcement training from the FBI Academy at Quantico, Virginia. Since
becoming a Special Agent,I have worked with experienced Special Agents who also investigate
Child Exploitation offenses. In the performance of my duties, I have investigated and assisted in
the investigation of matters involving the possession, collection, production, receipt, and/or
transportation ofimages of child pomography and the solicitation and extortion of children to
produce sexually explicit images of themselves. I have also investigated and assisted in the
investigation of matters involving individuals using facilities ofinterstate commerce to
knowingly persuade,induce, and entice minors to engage in prostitution or any sexual activity
for which any person can be charged with a criminal offense.
2. I have investigated and assisted in the investigation of criminal matters involving
the sexual exploitation of children that constituted violations of Title 18, United States Code,
Sections 2251,2252,2252A,2422, and 2423. In connection with such investigations, I have
served as case agent, have been the affiant for several complaints and search warrants and I have
conducted interviews of defendants and witnesses. I also have served as an undercover agent in
online child pomography cases. As a federal agent, I am authorized to investigate and assist in
the prosecution of violations oflaws ofthe United States, and to execute search warrants and
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arrest warrants issued by federal and state courts.
3. The statements contained in this affidavit are based on my personal knowledge as
well as on information provided to me by other law enforcement officers. This affidavit is being
submitted for the limited purpose of securing a criminal complaint and an arrest warrant, and 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 to believe that KEVESf
G. REAGAN committed violations of Title 18, United States Code, Section 2422(b).
STATUTORY AND LEGAL AUTHORITY
4. This investigation concerns violations of Title 18, United States Code, Section
2422(b), relating to the enticement or the attempted enticement of minors to engage in
prostitution or any sexual activity for which any person can be charged. Based upon my training
and experience, as well as conversations with other experienced law enforcement officers and
experienced federal prosecutors,I know the following:
a. 18 U.S.C. 2422(b) prohibits using any facility or means of interstate
commerce to knowingly persuade,induce, entice or coerce any individual who has not attained
the age of 18 years, to engage in prostitution or any sexual activity for which any person can be
charged with a criminal offense, or attempt to do so.
b. The intemet is a facility of interstate commerce.
BACKGROUND OF INVESTIGATION AND
FACTS ESTABLISfflNG PROBABLE CAUSE
5. On approximately January 31, 2021, an FBI Undercover Employee("UCE")was
conducting an undercover investigation on an online service hosting discussion forums and
advertisements, among other things. UCE posted an advertisement referencing "Littles?"
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6. On January 31, 2021, an individual who was later identified as KEVIN G.
REAGAN (hereinafter referred to as"SUBJECT")initiated a conversation with UCE via text
messages. The SUBJECT'S phone number was(618)693-4367. The SUBJECT initiated
contact with the UCE by text messaging "good Sunday rainy morning!!" The UCE responded
via text message by saying "Yep" The SUBJECT and UCE continued the following text
message conversation:
Jan 31, 2021, 2:55:55 PM : Reagan: was hoping to possibly meet, but I am not out and about now.
possibly tomorrow?
Jan 31, 2021, 3:04:33 PM : UCE: Maybe what are you into?
Jan 31, 2021, 3:08:36 PM : Reaaan: adult fun
Jan 31, 2021, 3:11:05 PM : Reaaan: we could car play
Jan 31, 2021, 6:54:55 PM : UCE: Got busy I'll hit you up tomorrow
Jan 31, 2021, 8:26:37 PM : Reaaan: ok. sleep well
Feb 1, 2021, 6:15:47 AM : Reaaan: just hit me up when ya can
Feb 1, 2021, 10:26:59 AM : UCE: Hi. The pic in the ad is of my daughter.
Feb 1, 2021, 1:26:00 PM : Reaaan: ok
Feb 1, 2021, 1:48:33 PM : Reaaan: so? what's the scope?
Feb 1, 2021, 3:23:45 PM : UCE: Huh
Feb 1, 2021, 3:25:20 PM : Reaaan: so what's the deal?
Feb 1, 2021, 4:23:06 PM : UCE: Shes 11 and active just trying to get her more experience
Feb 1, 2021, 4:50:00 PM : Reaaan: "littles"ln that pic is not that age.
Feb 1, 2021, 4:50:32 PM : Reaaan: and if so you need to skirt
Feb 1, 2021, 5:25:18 PM : UCE: Skirt?
Feb 1, 2021, 5:36:14 PM : Reaaan: where meet how is it setup?
Feb 1, 2021, 5:55:03 PM : UCE: My house or at a gas station first if you feel better
Feb 1, 2021, 7:30:01 PM : Reaaan: what area? pic?
Feb 1, 2021, 8:37:49 PM : UCE: Herrin yeah the little in that pic is 11
Feb 2, 2021, 6:05:39 AM : Reaaan: ok herrin is good recent pic please
Feb 2, 2021, 8:32:22 AM : UCE: Of her?
Feb 2, 2021, 8:34:48 AM : Reaoan: lol. yes
Feb 2, 2021. 8:36:48 AM : Reaaan: live pic with paper showing today's date
Feb 2, 2021, 9:02:48 AM : Reaaan: why are you so slow on responses?? it's a text see it reply
Feb 2, 2021, 9:15:00 AM : Reaaan: I'm in herrin
Feb 2, 2021, 11:03:54 AM : UCE: Sorry I work a normal job too
Feb 2, 2021, 11:05:58 AM : Reaaan: ok but everyone always has phone e with them
Feb 2, 2021, 11:06:30 AM : Reaaan: and if that the case, how meet?
Feb 2, 2021, 11:07:23 AM : UCE: True but I'm at work and shes in school
Feb 2, 2021, 11:08:10 AM : Reaaan: oh so I came to herrin for nothing, thanks
Feb 2, 2021, 4:17:55 PM : UCE: PICTURE SENT OF A COOPERATOR PURPORTING TO BE A 11
YEAR OLD FEMALE.
Feb 2, 2021, 4:18:15 PM : UCE: You didn't go for nothing. Gotta have a little notice
Feb 2, 2021, 4:32:52 PM : Reaaan: well during day what time works
Feb 2, 2021, 4:43:36 PM : UCE: I can call her in for the day and "remote learn" what a joke right. What do
you want to do with her?
Feb 2, 2021, 4:57:07 PM : Reaaan: yes it's a joke, what's the menu?
Feb 2, 2021, 5:06:11 PM : UCE: Anything but anal., price depends on your wants
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Feb 2, 2021, 5:14:16 PM : Reaaan: what needs the most trained?
Feb 2, 2021, 5:28:55 PM : UCE: Ok a BJ and loves being licked. Could try some different positions
Feb 2, 2021, 5:31:33 PM : Reaaan: ok. well remember this be a carplay scenario and quick
Feb 2, 2021, 5:41:28 PM : UCE: That's cool what's your choice then 1 can give a price and understand I'm
gonna be close by
Feb 2, 2021, 5:47:59 PM : Reaaan:just simple quick
Feb 2, 2021, 5:51:43 PM : UCE: Bj and sex or just sex
Feb 2, 2021, 5:52:07 PM : Reaaan: no just 1st
Feb 2, 2021, 5:53:36 PM ; Reaaan: what she got down there? she wanna see me?
Feb 2. 2021, 5:55:33 PM : UCE: Bj is $50 plus a present like or rose or candy. What do you mean what
she got down there?
Feb 2, 2021, 5:56:25 PM : Reaaan: to know not setup, no LE no entrapment private part verification
Feb 2, 2021, 6:13:24 PM : UCE: I was thinking the same about you. I'll show you my junk but a pic like
that could get us both in trouble.
Feb 2, 2021, 6:17:26 PM : Reaaan: no it would not unless you have alterior motives
Feb 2, 2021, 6:26:10 PM : UCE: Not at all. Just making a buck
Feb 2, 2021, 6:27:47 PM : UCE: Best I'll do without knowing your not the law. PICTURE SENT OF A
COOPERATOR PURPORTING TO BE A 11 YEAR OLD FEMALE.
Feb 2, 2021, 7:07:51 PM : Reaaan: well so how can we both make each other believe?
Feb 2, 2021, 7:24:44 PM : UCE: Could meet outside in my parking lot or a gas station to make sure?
What do you think?
Feb 3, 2021, 3:55:02 AM : Reaoan: yes a just meet and greet see everyone make introductions that's a
good idea. And you are saying herrin is the best location?
Feb 3, 2021, 6:37:17 AM : Reaaan: and I would also bring favorite candy if ya let me k ow what that is
Feb 3, 2021, 7:19:03 AM : UCE: Yes were really in Energy next to Herrin. Ok I'll keep her home today.
She loves chocolate like M&M's
Feb 3, 2021, 8:06:09 AM : Reaaan: the mach north end of town on east side with carwash and vacs....you
familiar with the 1 am talking about?
Feb 3, 2021. 8:22:26 AM : UCE: I'm know of it
Feb 3. 2021, 8:28:02 AM : UCE: I know it
Feb 3, 2021, 8:38:20 AM : Reaaan: is that a suitable place to give you m and m's
Feb 3, 2021, 8:43:57 AM : UCE: Sure you have the donation if were all comfy.
Feb 3, 2021, 8:45:14 AM : Reaaan: I always travel prepared
Feb 3, 2021, 8:48:34 AM : UCE: S
Feb 3, 2021, 8:56:14 AM : Reaaan: I need to get gas and I like that station, most likely 945ish
Feb 3, 2021, 9:05:20 AM : UCE: 1030 would be better she has a quick assignment to finish
Feb 3, 2021, 9:10:35 AM : Reaaan: ok well that wont work with my travel meeting schedule, however I will
be back in area tomorrow
Feb 3, 2021, 9:20:51 AM : UCE: I think I can make that work shes almost done
Feb 3, 2021, 9:21:25 AM : UCE: Im a few min down the road
Feb 3, 2021, 9:22:09 AM : Reaaan: ^
Feb 3, 2021, 9:39:22 AM : UCE: I'll be there shortly. I'm in a gray van, hbu
Feb 3, 2021, 9:41:27 AM : Reaaan: grey truck I have a bag of m and ms
Feb 3, 2021, 9:41:46 AM : Reaaan: parked by the vac system
Feb 3, 2021, 9:41:54 AM : UCE: Where should I park?
Feb 3, 2021, 9:42:00 AM : UCE: Ok
Feb 3, 2021, 9:46:05 AM : UCE: Here
Feb 3. 2021, 9:46:44 AM : Reaoan: ok let's get out and meet a d I will hand you the m and ms
Feb 3, 2021, 9:47:04 AM : UCE: Where
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7. The affiant along with members from the FBI conducted surveillance in the
vicinity ofthe Mach 1 gas station: 912 N Park Ave, Herrin, Illinois. The UCE notified
SUBJECT that he would be at the gas station shortly. SUBJECT told UCE to park at the
vacuum pumps at the gas station. UCE parked at the vacuum pumps and SUBJECT said he
would meet UCE and provide M & M's for the UCE's purported 11 year old daughter.
SUBJECT was parked approximately 6 spots away from UCE,exited his gray pickup truck and
walked to the back of UCE's vehicle. UCE met with SUBJECT,the SUBJECT was carrying a
white plastic bag and opened it for UCE. SUBJECT said here's the bags of M&M's. UCE said
"Perfect, would you like to see her now?" SUBJECT looked toward the interior of UCE's
vehicle grinned and said "yes". SUBJECT was approached by agents, was detained, and the
SUBJECT was asked to consent to an interview, to which he declined and asked for his lawyer.
8. UCE sent at text message to SUBJECT'S cell phone. The cell phone was locked
but showed an app notification that the text was received. SUBJECT voluntarily unlocked his
phone to notify his wife about the incident and asked her to come pick up his pick-up truck.
When SUBJECT unlocked the phone the text message that UCE sent immediately appeared on
the unlocked cellphone screen.
9. Mach 1 video surveillance showed SUBJECT arriving at approximately 9:20 a.m.
The SUBJECT pumped gas into his pick-up truck, relocated to the vacuum pumps,then
reparked in a parking spot across from the vacuum pumps next to the gas station. The
SUBJECT sat in his vehicle until approximately 9:47 a.m., when he exited his pick-up truck to
meet UCE.
9. The SUBJECT utilized a black Samsung Galaxy S8 actively connected to the
internet to transmit the communications between himself and the man he met online.
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10. I have consulted with Assistant United States Attorney Casey Bloodwoith and I
am aware that the aforementioned scenario constitutes an offense under 18 U.S.C. 2422(b).
The text of section 2422(b) provides:
(b) Whoever, using the mail or any facility or means ofinterstate or
foreign commerce ... knowingly persuades, induces, entices, or coerces
any individual who has not attained the age of 18 years, to engage in
prostitution or any sexual activity for which any person can be charged
with a criminal offense, or attempts to do so, shall be fined under this title
and imprisoned not less than 10 years or for life.
The Seventh Circuit has ruled that this statutory language covers not only direct efforts by the
perpetrator to persuade, induce, etc., the imderage person, but that it also criminalize
communication between two adults where one ofthe adults is purporting to be the parent or
guardian ofthe minor child. United States v. McMillan,744 F.3d 1033,1035-36(7^ Cir. 2014).
The majority ofthe Circuit Court of Appeals concur with McMillan. See United States v. Berk,
652 F.3d 132(1st Cir.2011); United States v. Douglas, 616 F.3d 161 (2d Cir.2010)(per
curiam); United States v. Nestor, 574 F.3d 159(3d Cir.2009); United States v. Caudill, 709 F.3d
444(5th Cir.2013); United States v. Spurlock, 495 F.3d 1011 (8th Cir.2007); and United States
V. Murrell, 368 F.3d 1283(11th Cir.2004). See also United States v. Laureys, 653 F.3d 27
(D.C.Cir.2011)(per curiam)(not plain error to instruct ajury that adult-to-adult
communications are sufficient); United States v. Brooks, 60 M.J. 495(C.A.A.F.2005)(version
of§ 2422(b)incorporated in the Uniform Code of Military Justice covers adult-to-adult
communications).
CONCLUSION
11. Based on the foregoing, I submit that there is probable cause to believe that
between January 31,2021 and February 3,2020, KEVIN G. REAGAN ,used a facility and
means of interstate commerce, mainly his laptop, and knowingly attempted to persuade, induce.
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and entice an individual who had not attainted the age of 18 years, to engage in a sexual activity
for which a person could be charged in violation of 18 U.S.C. 2422(b).
Brian Wainsc^^Special Agent
Federal Bureau of Investigation
Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by
telephone, this 4th day of February, 2021, at Benton. Illinois.
RE^A'J. DAL'
Uoued States Magistrate Judge
CASEY BLOODWORTH
Assistant United States Attorney
