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Operation Flicker Reports

By Scribd

 

NARRATIVE

1. On July 11, 2007, the reporting agent received a lead referral from Special Agent IDCIS Mid-Atlantic Field Office regarding the Immigration and Customs Enforcement (ICE) initiated Operation Flicker. Operation Flicker is a nationwide investigation that has identified over 5,000 individuals that have subscribed to predicated child pornography websites. A list of individuals in New York State that are employed by the Department of Defense/U.S. Military, that have subscribed to websites that contain child pornographic images or other material that exploit children via the internet.

2. In April 2006, the ICE/Cyber Crimes Center/Child Exploitation Section (ICE/C3/CES) initiated an investigation into a criminal organization operating a commercial child pornography website known as “Home Collection.” The investigation has revealed that the same organization is operating numerous commercial child pornography websites. In addition, the organization utilizes various Pay Pal accounts to process the payments for access to the member restricted areas of these websites. The investigation is being worked jointly with ICE/C3/CES, ICE/RAC/Birmingham, the U.S. Postal Inspection Service, the U.S. Department of Justice/Child Exploitation and Obscenity Section, and the USAO for the Northern District of Alabama. ICE has designated this operation as PROJECT FLICKER.

3. ICE/C3/CES has conducted over 60 undercover transactions at the advertising websites associated with this investigation. The investigation has identified that a specific criminal organization is operating approximately 18 different commercial child pornography advertising websites which provide access to approximately 18 child pornography member restricted websites.

4. Among the 5,000 names ICE identified under Project Flicker, several individuals used their e-mail address, Fleet Post Office (FPO), or Army Post Office (APO) military zip codes. SA advised the U.S. Attorney’s Office and ICE that the DCIS will assist in identifying any additional Department of Defense (DoD) affiliated individuals and provide any investigative assistance.

5. SA conducted queried DoD databases to identify individuals that may be in possession of child pornographic material or access and has forwarded the results of his queries to the respective DCIS office for consideration for possible DCIS case initiations. SA attached a spreadsheet for subjects of Operation Flicker in the state of New York that have a DoD affiliation. One subject identified on the as spreadsheet includes an individual identified as…

6. The reporting agent queried the Defense Employee Interactive Data Systems (DEIDS), and obtained the following information regarding…

7. The reporting agent also queried the Re-Enlistment Eligibility Data Display (REDD) database for … and obtained the following information…

8. The reporting agent contacted Special Agent ICE Alexandria Bay, NY regarding Operation Flicker. SA subsequently forwarded the reporting agent a spreadsheet that identifies all New York subjects of Operation Flicker, and pertinent information regarding subscriber information related to the child exploitation websites.
SA advised that he would be reviewing the list of subjects for possible investigation. The reporting agent advised that the DCIS would review the list and initiate an investigation of DoD related personnel in the Syracuse Post of Duty area of responsibility. SA advised that another ICE agent would be assigned to specific investigation, but he would assist in the computer forensics part of the cases.

9. Upon review of the spreadsheet sent by SA … the reporting agent determined that … made one payment utilizing Pay Pal to the restricted access websites. The transaction occurred on January 30, 2007, for $79.95. The “trans.Item Title” was either listed as an invoice number: Invoice# 41041. (Agent Note: this is the subject line
identifier which indicates which member restricted site a specific customer purchased. In the Project Flicker Overview report, it stated that in November 2006, the criminal organization omitted the subject line identifiers, and began using Invoice numbers. The ICE agent stated that the Pay Pal accounts still identify the specific member restricted sites an individual purchased). The reporting agent will review the spreadsheet and will report the details under a separate Form 1.

10. On November 16, 2007, the reporting agent, SA ICE SA and ICE SA conducted a consent search at the residence of the reporting agent and SA interviewed… The interview report was written by SA…

11. SA and SA conducted a preliminary computer forensic review of two desktop computers and one laptop computer. During the initial review of the computers, the agents discovered numerous child pornographic materials on one of the computers believed to be utilized by …  The computer that contained the child pornographic material was seized by SA and ICE will maintain custody of the computer. The review/analysis of the computer will be conducted by SA after a search warrant is issued by the U.S. District Court, Northern District of New York. During the next reporting period, it is anticipated that the search warrant will be issued for the complete examination of the seized computer.

12. The reporting agent and SA have been in contact with Assistant United States Attorney (AUSA) Northern District of New York, Syracuse, NY for consideration of criminal prosecution of … in violation of Certain Activities Related to the Sexual Exploitation of Minors, Title 18 USC § 2252.

13. In February 2008, the reporting agent obtained a copy of … military service records from the National Archives and Records Administration in St. Louis, MO. The records indicated that…

14. On January 15, 2008, an a lication and affidavit for a Search Warrant was ordered by the … Northern District of New York for “one desktop computer, central processing unit, black and grey in color, identified and marked as a Dell Dimension, bearing serial number H3XQQ31.” The search warrant was based upon the consent search that was conducted on November 16, 2007, for a computer belonging to … that was determined to contain child pornographic images. The search warrant authorized the agents to conduct a thorough forensic examination of the computer to attempt to substantiate the allegations regarding violations by … of the Exploitation of minors under Title 18 United States Code§ 2252.

15. From a period of February 2009 to November 2009, the reporting agent attempted to determine from SA … the status of the review of the forensic evidence. SA … advised that the computer forensics was conducted, and evidence was obtained that was related to child pornography material. SA advised the reporting agent that he was requested by AUSA … to determine if… was still engaged in pornographic material.
16. On 22 October 2009, the reporting agent contacted AUSA … to determine the status of the potential for prosecution of … AUSA … advised she has not received a forensic report from SA … AUSA … further advised that she is planning to close her case due to lack of information/evidence on the case. AUSA … stated that she may consider re-opening the case on … if the agents were able to provide evidence that … violated United States laws as codified under Exploitation of minors under Title 18 United States Code § 2252.
17. This investigation is closed based upon the lack of participation by the Immigration and Customs Enforcement to present the forensic evidence obtained during the course of the investigation to the U.S. Attorney’s Office. This case may be re-opened if ICE presents this case for prosecution, and the U.S. Attorney’s Office accepts this case for prosecution….

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