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' 1 -~ - The Modesto Bee

AO 442 (Rev. 11 /1 1) (modified) Arrest Warrant UNITED STATES DISTRICT COURT for the Eastern District of California United States of America v. ...

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AO 442 (Rev. 11 /1 1) (modified) Arrest Warrant

UNITED STATES DISTRICT COURT for the

Eastern

District of California

United States of America

v.

) ) ) ) ) )

KAREN DAVIS

Case No.

2:1 5-MJ-02 1 3

Defe ndant

ARREST WARRANT To:

. 1.·

<;;~E· ' 1 -~

0

EFB

ED

Any authorized law enforcement officer YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay

(name ofperson to be arrested)

KAREN DAVIS ----------------------------------~---------------------------------

who is accused of an offense or violation based on the following document filed with the court: 0 Indictment

0 Superseding Indictment

0 Probation Violation Petition

0 Information

0 Superseding Information

0 Supervised Release Violation Petition

0 Violation Notice

~

Complaint

0 Order of the Court

This offense is briefly described as follows: In the Eastern District of California, DAVIS made false, fictitious or fraudulent statements or representations to federal law enforcement officers between on or about December 23, 2013 and, and February 12, 2015, all in violation of 18 U.S.C. § 1001 .

I

--------~imund £: Br~~an, _.!l!:li~d Stat~s Magi_str~te ~~~_g~---------Printed name and title

Return This warrant was received on (date) at (city and state) Date: - - - - - -- - -

__ . .... , and the person was arrested on (date)

Arresting officer 's signature

, United States Magistrate Judge Printed name and title

AO 91 (Rev. 11111) Criminal Complaint

UNITED STATES DISTRICT COURT for the

OCT Z7 2015

Eastetn 'District of California United States of America v.

) ) ) ) ) ) )

KAREN DAVIS

CLERK, U.S. OISTPtiCT COURT EASTERN DISTRICT OF CALIFORNIA BY _ __ _ _ _, DEPU1 r"'::':'GL-;-:-[:1-:':'lK:--

Case No.

2:1 5- MJ - 0 2 1 3

--

) EFB

Defendant(s)

CRIMINAL COMPLAINT I., the complainant in this case, state that the following is true to the best of my knowledge and belief. On or about the date(s) of __Q~cember 23, 29~3

Eastern

'District of

t~ February !b_~O!_~_

California

in the county of

San Joac_quin

in the

, the defendant(s) violated:

Offense Description

Code Section 18 U.S.C. §1001

Making false, fictitious or fraudulent statements or representations to federal. law . enforcement officers during the course of a criminal investigation into the mailing of threatening letters. .

This criminal cotnplaintis based on these facts:

(see archment)

IZI Continued on the attached sheet.

. . .. . . . . . . . . . . . . . . . . . .:. . . . . . . .!~~~. .~.~. . !.!.~~~.~~-~. . ~P.~~.!.~!. .A.g_~~~. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . Printed name and title

Sworn to before 1ne and signed in n1y presence.

Judge 's signature

City and state:

Sacramento, California

. . . ..--------~~l!.~~~..£.:._!3r~~-~~~Y._S.]Jagistrate ~ud &~-----·---. ·----Printed name and title

-

AFFIDAVIT OF TIGTA SPECIAL AGENT JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT

1.

I, John N. Hartman, an Assistant Special Agent-in-Charge with the

United States Department of Treasury Inspector General for Tax Administration (TIGTA), being duly sworn on oath, depose and say:

INTRODUCTION 2.

There is probable cause to believe that KAREN DAVIS committed multiple

violations of 18 U.S.C. § 1001 by making false, fictitious or fraudulent statements or representations to federal law enforcement officers during the course of a criminal investigation into the mailing of threatening letters. As further discussed below, my investigation revealed that in the Eastern District of California, DAVIS made false, fictitious or fraudulent statements or representations to federal law enforcement officers between on or about December 23, 2013 and February 12, 2015, all in violation of 18

u.s.c. § 1001.· AGENT BACKGROUND AND EXPERIENCE 3.

J was previously employed as a Po,ice Officer and Special Agent with the

Department of Homeland Security, Federal Protective Service (FPS) for approximately 17 years. While employed by DHS-FPS, I was assigned. to the Federal Bureau of Investigation, Joint Terrorism Task Force for (9) years. I am currently employed as a Special Agent with TIGTA and have been employed with TIGTA for approximately 7 · years. I have investigated cases involving false statements in violation of 18 U.S.C.

§ 1901 . I graduated from the Federal Law Enforcement Training Center (FLETC) located in Glynco, Georgia. I am authorized to investigate violations of Title 18, United States Code.

AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT.:. 1

() 4.

This affidavit contains only the information I believe is necessary to

establish probable cause in support of this Criminal Complaint and Arrest Warrant. have not included every fact known to me about this investigation. The information in I

this affidavit is based upon my personal knowledge and observations during the investigation, information conveyed to me, and my review of records, documents and other physical evidence obtained during this investigation. Except where specifically indicated, I have personally reviewed all of the records and the reports of interviews referred to in this affidavit.

FACTS SUPPORTING PROBABLE CAUSE

5.

On or about December 23, 2013, DAVIS contacted TIGTA Special Agent

Jeffrey Long and reported receiving an anonymous letter in the mail entitled, "Notice of Intent" (Threat Letter #1 ). The letter read as follows: "This is to serve you with a Notice of Intent that you will not be permitted to run for congress. The IRS is an illegal entity and you supported they're (sic) collection of taxes from soverign (sic) citizens. The fact that any white citizen has the right to protect they're (sic) homes against any government agency with force is a fact. . You will not protect americans (sic) from the IRS-you are nlt trusted. You will be stopped by those who believe in the soverign (sic) rights. A close up shot to your head or to your husband will be final. You make the decision now to not run for congress." 6.

DAVIS advised that she was a registered candidate for a United States

Congressional seat. DAVIS said the letter was very upsetting to her and that she was on the verge of tears and was feeling sick to her stomach. SA LONG helped DAVIS calm down. When DAVIS advised that she had not called the Lodi Police Department (LPD), SA LONG told DAVIS.that he would make contact with LPD and also advised that a local TIGTA Agent would make contact with her.

AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT- 2

7.

On December 23, 2013, LPD Officer D.J. BRISTOW responded to

DAVIS's residence based on TIGTA's report that DAVIS received Threat Letter #1 at her residence. DAVIS said that at approximately 9:00a.m. on the same day, she had received a threat letter which was contained in a yellow envelope addressed to "KAREN MATHEWS." MATHEWS was a former name used by DAVIS. DAVIS stated that she has been the victim of similar types of activity in the past and didn't know if the recent letter was related. DAVIS said that she moved to Lodi as a result of past attacks and threats. DAVIS told Officer BRISTOW that the only possible lead she could think of was a family known to her as the "Hunwardsons." DAVIS believed that the "Hunwardsons" were associated with ROGER STEINER who was convicted of assaulting her and had been released from prison approximately (5) weeks ago. Officer BRISTOW collected Threat Letter #1 and subsequently placed it in evidence. Officer BRISTOW requested extra patrol checks around DAVIS' residence. 8.

On or about December 24, 2013, I interviewed Sergeant DOUG CHINN

at LPD about Threat Letter #1 and his previous contacts with DAVIS. CHINN provided a copy of the police report filed by DAVIS regarding Threat Letter #1 . CHINN advised that he was acquainted with DAVIS and had spoken with her on a regular basis durinl his visits to a Starbucks located at 210 N. Ham Lane in Lodi. Approximately 2 to 3 months prior to my interview, DAVIS asked CHINN about obtaining a concealed weapons permit. . DAVIS told CHINN that she had been a public official in the past and had previously been assaulted due to her position. DAVIS indicated to CHINN that she was currently n.mning for a Congressional seat and wanted a concealed weapons permit due to the previous threats on her life. CHINN related to DAVIS the process for obtaining a permit. 9.

Later on December 24, 2013, I contacted and interviewed several

United States Postal Service (USPS) employees in Lodi, canvased the neighborhood surrounding DAVIS's residence, and subsequently interviewed DAVIS in her living room with her husband GEORGE DAVIS. DAVIS provided a AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT- 3

\ )

(

)

detailed account regarding the circumstances of receiving Threat Letter #1 . DAVIS stated that on December 23, 2013, at approximately 9:00 am, she and GEORGE returned to their residence after a trip to their dog breeder. Upon arrival, she retrieved the mail from the mailbox ·attached to their residence just outside the front door. DAVIS placed the mail on the kitchen counter. DAVIS advised that at approximately 11 :00 am she began opening the mail. After throwing away some "flyers" and opening a bill, DAVIS picked up Threat Letter #1. She noticed that the letter was secured with "scotch tape" and she "pulled it off' to open the letter. Upon reading the letter, DAVIS stated, "I got sick to my stomach" and thought "this can't be happening." 10.

When asked if she contacted the police when she first opened the letter,

DAVIS stated "no, they have not been very receptive to me in the past." DAVIS related that she went to the LPD in the recent past and attempted to obtain a concealed weapons permit. LPD did not issue the permit. When asked specifically why she contacted TIGTA directly to report the threat letter, DAVIS stated that approximately 2 or 3 months previous to receiving Threat Letter #1 , she contacted MICHAEL DELGADO at TIGTA to let him know that she was running for Congress. Mr. DIELGADO is currently the Assistant Inspector qeneral for Investigations (AlGI) in Washington DC. AlGI DELGADO was the Special Agent (SA) that conducted the investigation in 1994 when DAVIS reported being assaulted when she worked as the County Clerk-Recorder in Stanislaus County. AlGI DELGADO told DAVIS that because of her congressional candidacy and to avoid any conflict of interest, she should contact TIGTA SA JEFFREY LONG in the future if there were any issues related to the 1994 investigation, as well as, if she had any issues related to threats due to her Congressional candidacy. 11 .

When I asked who she suspected had sent Threat Letter #1 , DAVIS

mentioned an individual identified as WILLIAM (BILL) CLARK, who attended the church that she and her husband attended on occasion in Stockton, California. DAVIS AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT- 4

(

advised that CLARK was always talking about building bombs and spoke with the same rhetoric as a "Sovereign Citizen." Generally, Sovereign Citizens refuse to recognize the authority of the United States Government over them . 12.

DAVIS also mentioned an individual identified as "JOHN KREIN"

(JOHN IE) who is the nephew of her next door neighbor, FREDA KREIN (FREDA). JOHN IE provided care to FREDA due to her poor health. DAVIS believed that JOHN IE could be responsible for Threat Letter #1 because JOHN IE "went off' about the government during a previous conversation DAVIS had with him concerning her candidacy and JOHN IE talks a ·lot about people he knows at the gun range . DAVIS recalled that she also discussed the circumstances with JOHNIE related to the 1994 assault investigation. 13. As part of my investigation into Threat Letter #1 , with DAVIS' knowledge and consent, I placed undercover surveillance cameras in positions to capture video footage of subjects approaching DAVIS's residence, as well as, anyone who might place an envelope in DAVIS' mailbox. Although DAVIS discovered Threat Letter #1 in her mailbox, from an investigative standpoint, it was impossible to determine at the time if the letter had actually been mailed or if someone had simply placed it in the mailbox. Although there were stamps on the envelope containing Threat Letter #1 , there was no visible postmark on it. 14.

Prior to receiving Threat Letter #1, DAVIS publically declared her

candidacy for the U.S. House of Representatives seat in the 9th Congressional District of California. The primary for the 9th District Congressional seat was held in June 2014 and DAVIS did not succeed in moving on to the general election. DAVIS previously served three terms (1990-2001) as the Stanislaus County Clerk-Recorder and one term as the Manteca City Clerk (1981 -1984). 15.

During her first term (1990-94) as Stanislaus County Clerk-Recorder,

DAVIS reported to law enforcement being the recipient of several verbal and written death threats from individuals associated with the JURIS CHRISTIAN ASSEMBLY AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT- 5

\ )

(

(JCA). The JCA was described as an anti-government extremist group opposed to paying income taxes In or about January 1994, DAVIS reported to law enforcement that she was assaulted by two members of JCA in the garage of her residence. DAVIS told investigators that while she was being assaulted the subjects threatened to kill her if she did not comply with JCA demands regarding tax liens filed with the Stanislaus County Clerk-Recorder's Office. DAVIS later identified ROGER STEINER from a photographic line up, as one of the two individuals who assaulted her.. Ultimately STEINER and eight (8) other individuals associated with the JCA were charged and convicted of racketeering (RICO) charges following a federal jury trial in the Fresno Division of the Eastern District of California. STEINER was sentenced to serve approximately twenty-two (22) years in federal prison. 16.

On December 26, 2013, I received an email from DAVIS which

contained further information about the possibility that CLARK was responsible for sending the threat letter to her. DAVIS stated in her email that in 1995 her exhusband DAVID MATHEWS owned an agricultural chemical company in Manteca, CA, called TRI-AG. CLARK was one of the owners. CLARK's degree was in chemicals and agriculture. Her son, SCOTT MATHEWS worked there at the time and said that CLARK.talke~ a lot about guns. If CLARK didn't talk so much about bombs, guns and his common law beliefs, DAVIS wouldn't even think of him with regards to CLARK possibly sending the recent threat letter. DAVIS further stated in her email that during the trial of the 1994 assault, there was a confrontation between her parents, her aunt and uncle and the defendants in a hallway at the court. She stated that it was clear that all of the defendants knew who her family was. DAVIS added that after the trial, she received a lot of mail from STEINER while he was in prison, · some of which contained veiled threats. In the email, DAVIS further stated that, "all of us are concerned that Steiner has nothing to lose by bothering my family." The clear '

implication of this statement in DAVIS' email was that STEINER could also have sent Threat Letter #1. AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT- 6

(

17.

On ·February 6, 2014, I contacted the United States Probation Office in the

Eastern District of California. I spoke with Officer JOSE PULIDO>who advised that he was assigned -as STEINER's probation officer. PULIDO confirmed that STEINER was I

currently in custody at a halfway house in Fresno, CA, known as "Turning Poiflt of Central California" (TURNING POINT). 18.

On or about March 26, 2014, DAVIS called me to report that she had

received another anonymous letter in the mail entitled, "FINAL NOTICE" (Threat Letter #2) . Threat Letter #2 read as follows: "You will not be warned again! You must quit runn ing for congress. Let me be clear to you since you don't understand simple direction. Years ago you were permitted to live after being warned about the IRS liens. You are a jew (sic) lover and still support the IRS; a agency against the government. We know that you will support amnesty for non-white violaters (sic) of the law. A vote by your peers has been taken. IF you don't quit very soon, you won't be warned . YOU WON'T (sic) SEE IT COMING! Your family will have to plan a funeral. It is not worth it. Quit now before it is to (sic) late for you. No one will be able to protect you from this. We know how to do this. We have followed you and know where you go. Quit now." "Sovereign citizens for America". f 19.

I told DAVIS to contact LPD and make a police report with regards to the

threat letter. 20

On March 26, 2014, LPD Officer D.J. BRISTOW responded to DAVIS's

residence. DAVIS provided a detailed account to Officer BRISTOW regarding the circumstances of receiving Threat Letter #2. DAVIS told Officer BRISTOW that at approximately 12:00 pm she checked the mailbox and found an envelope that was hand written and addressed to her. The letter had three postage stamps, with no return address. The envelope was postmarked. DAVIS opened the envelope and found that it contained Threat Letter #2.

AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT A ND ARREST WARRANT- 7

( 21.

)

On or about March 27, 2014, I interviewed DAVIS again at her

residence. DAVIS provided a detailed account regarding the receipt of Threat Letter #2. DAVIS stated that she received a half size manila envelope in the mail addressed to "KAREN MATHEWS." DAVIS stated that it appeared that a black marker was used to write her name and address on the envelope. DAVIS said that the writing looked somewhat like her grandson's writing. When she pulled opened the envelope, she noticed the words "white bitch" written underneath the flap of the envelope. DAVIS stated that she was called, "white bitch" during the 1994 assault at her residence. She stated that the term "white bitch" was also used in the opening statement by the Assistant United States Attorney who prosecuted the 1994 assault and threats case. DAVIS stated that when she read the letter inside the envelope she became sick to her stomach and proceeded to "throw up". DAVIS provided further information related to CLARK and JOHNIE during the interview. DAVIS was asked to whom she spoke to regarding Threat Letter #1. DAVIS stated that she had.told her church pastor. GEORGE DAVIS, her husband who was listening to the interview interjected and stated "you spoke to MARCY." DAVIS advised that MARCY MASON is a freelance writer. MARCY had been following DAVIS' story about the circumstances surrounding the 1994 assault and was writing a book about it. 22.

On or about March 28, 2014 .. 1 received an email from DAVIS which

contained further information with regards to MASON and also provided further information related to JOHNIE. DAVIS continued to assert that JOHNIE could have sent Threat Letters #1 and #2. 23.

On or about April 9, 2014, I interviewed DAVIS at her residence. DAVIS

provided another detailed account regarding the circumstances of receiving Threat Letters #1 and #2. During the interview, DAVIS was asked if she was currently under a doctor's care ·or had ever been treated for dementia or memory related issues. Davis stated "no." DAVIS stated that she only takes medication for depression.

AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT - 8

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During the interview DAVIS provided further information related to CLARK and JOHNIE, further suggesting that they would have sent Threat Letters #1 and #2. 24.

On April 9, 2014, I interviewed several employees at TURNING POINT I

about STEINER and collected envelopes that may have been available to residents of the halfway house. I later submitted these envelops to the FBI lab for comparison to the envelopes received by DAVIS. TURNING POINT provided "in and out" logs for STEINER during the time that DAVIS received the threat letters. The interviews and the subsequent review of the documents collected from TURNING POINT did not provide any substantive information to support that STEINER was involved in sending the letters to DAVIS. 25.

On or about April10, 2014, I received an email from DAVIS which

contained further information with regards to CLARK and JOHN IE. 26.

On June 5, 2014, I received the result of the FBI lab's comparison

analysis between the envelopes seized from TURNING POINT and those containing Threat Letters #1 and #2. The envelopes did not match. 27.

On July 21, 2014, I received the DNA analysis performed by the FBI lab

on the envelopes containing Threat Letters #1 and #2. The FBI lab's analysis revealed a negative result for a DNA profile. f 28.

I

On January 26, 2015, STEINER was interviewed regarding Threat

Letters #1 and #2. STEINER denied writing, sending or having any knowledge of the existence of the letters received by DAVIS. 29.

On or about February 12, 2015, DAVIS came to the Stockton FBI office

for a follow up interview with me and FBI Special Agent ANTHONY DELUCCHI. During the interview, DAVIS provided. more information related to CLARK and JOHNIE. During the conversation DAVIS agreed to take a polygraph examination to confirm that she was not the author of Threat Letters #1 and #2. I introduced FBI SA PETER FRENCH to DAVIS. DAVIS subsequently agreed to take a polygraph.

AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT- 9

(J 30.

(,

)

Prior to taking the polygraph examination, DAVIS was read and waived

her Miranda rights. After failing the polygraph examination, DAVIS admitted that she wrote both Threat Letters #1 and #2 and sent them to herself. DAVIS signed and dated a statement, typed by SA FRENCH, which was read and approved as to content by DAVIS. DAVIS admitted it was her handwriting on both envelopes that contained Threat Letters #1 and #2. DAVIS signed and dated both handwritten envelopes.

31 .

In her statement, DAVIS said that sometime in or about November 2013,

she went to the LPD to apply for a concealed weapons permit and spoke to Sergeant MORALES. She had previous conversations with two other LPD Officers (DOUG LNU and another FNU LNU) at Starbucks in Lodi and they told her that the current LPD Chief (name unknown) did not give out concealed weapons permits. !'v10RALES reiterated to DAVIS that very few gun permits were granted . She took the concealed weapons permit application home, returned a few days later to the LPD and submitted her completed application. A few weeks later, DAVIS typed Threat Letter #1 on her home computer and printed the letter on her home printer. DAVIS put Threat Letter

#1 in an envelope. She handwrote her address on the first threat letter and used a black felt tip pen. DAVIS used an envelope she had at home and placed five stamps on the envelope. She placed the first threat letter in the jnvelope and sealed it. DAVIS was going to mail the letter, but simply placed it in her mailbox instead. She put five stamps on the envelope because she did not know the proper postage. DAVIS used previously purchased stamps that she had on hand. DAVIS deleted Threat Letter #1 from her computer after she printed it because she did not want to keep it. DAVIS was home alone when she typed Threat Letter #1 and placed it in her mailbox. Her husband, GEORGE, would have stopped DAVIS from doing this. The next day DAVIS attempted to call AlGI DELGADO at TIGTA headquarters in Washington DC, but did not reach him. She was ultimately referred to me. She called me the same day and reported receiving Threat Letter #1 .

AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT- 10

32.

A few weeks after typing Threat Letter #1, DAVIS' home computer

"crashed" and was no longer working. The printer DAVIS used to print Threat Letter #1 also stopped working. She took the computer to a recycling business located on Stockton Street in Lodi. DAVIS subsequently threw the printer in the trash. 33. Sometime in or about February 2014; DAVIS called PAT SEIDEL, who was the former Assistant County Clerk-Recorder for Stanislaus County. DAVIS called SEIDEL from her home telephone landline. During the telephone conversation, SEIDEL informed DAVIS that STEINER had been released from prison. A few days later, DAVIS got a call from a male MODESTO BEE reporter. The reporter told her that STEINER had called him and wanted an interview with the reporter. The reporter told DAVIS that he was not going to grant STEINER an interview. 34.

Sometime in or about March 2014, a couple of days after speaking to the

MODESTO BEE reporter, DAVIS typed Threat Letter #2, entitled "Final Notice", on a computer at KINKOS located on West March Lane, near the intersection of Pershing and West March Lane in Stockton. DAVIS stated that she printed Threat Letter #2 at the same location. DAVIS was not sure where she obtained the envelope in which she ·mailed Threat Letter #2, but believed that she brought it from her house. DAVIS used st~mps that she brought from home.! DAVIS guessed at the postage and used three stamps. DAVIS deleted Threat Letter #2 from the KINKOS computer. because KINKOS requires all documents that are created be deleted. She placed Threat Letter #2 in the envelope and handwrote her address on the envelope with a black felt tip pen. DAVIS also wrote "white bitch" on the inside of the envelope because it was the name she was called by STEINER during the January 1994 assault in her garage. DAVIS sealed the envelope and drove to a United States Post Office mailbox located on Pacific Avenue in Stockton in front of

aTARGET store.

DAVIS deposited the

envelope containing Threat Letter #2 in this U.S. Post Office mailbox. At the same time, DAVIS also mailed her smog certificate to the California Department of Motor Vehicles (DMV) for her vehicle. DAVIS obtained the smog certificate from a smog AFFIDAVIT OF JOHN N.· HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT- 11

(' )'

('- .)

testing facility prior to drafting Threat Letter #2 at KINKOS. DAVIS stated the smog testing facility was on Pacific Avenue in Stockton located next to CANEPAS CAR I

WASH. After mailing Threat Letter #2, DAVIS ~rove home. She subsequently picked up GEORGE from the PIXI WOODS PARK where he was participating in a horse shoe throwing practice. DAVIS said she was alone when she typed and mailed Threat Letter #2. I believe that DAVIS mailed Threat Letter #2 because the surveillance cameras I placed at her residence would have captured her placing it in the mailbox. 35.

DAVIS said she received Threat Letter #2 in the mail the next day or the

day following and reported it to me the same day that she received it. I came to her house a day or two later and DAVIS gave me Threat Letter #2 at that time. Until February 12, 2015, DAVIS was the only person who knew that she wrote and sent Threat Letters #1 and #2. 36.

On March 12, 2015, I canvassed the area of Pacific Avenue in Stockton,

in an effort to locate the United States Postal Service (USPS) Mailbox described by DAVIS. I found a USPS Mailbox in the location described by DAVIS across the street from a TARGET store located at 4707 Pacific Avenue, Stockton, CA. The mailbox itself was located at the corner of Georg-etown Place & West March Lane. 37.

On March 12,,2015, I canvassed the area of West March La1e and

Pershing in Stockton, CA, to find the KINKOS/FEDEX business where DAVIS reported typing and printing Threat Letter #2. I located a KINKOS/FEDEX business in the area described by DAVIS at 1061 West March Lane, near the cross street of North Pershing Avenue in Stockton, CA.

CONCLUSION 38.

Based on the above information contained in this affidavit, I believe there

is probable cause to believe that DAVIS committed multiple violations of 18 U.S.C.

§ 1001 between on or about December 23, 2013 and on or about February 12, 2015 ..

AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT - 12

39. I also request that the complaint and affidavit be sealed until DAVIS' arrest. I believe that premature disclosure of the complaint and affidavit might cause DAVIS to obstruct law enforcement's ability to arrest her.by fleeing the jurisdiction. I declare under the penalty of perjury that the foregoing is true and correct to y knowledge, information and belief.

Jo N. Hartman Assistant Special Agent-in-Charge Treasury Inspector General (TIGTA) U.S. Department of Treasury Sworn to and subscribed before me on

thi~ay of October, 2015.

AFFIDAVIT OF JOHN N. HARTMAN IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT- 13

1 BENJAMIN B. WAGNER United States Attorney 2 HEIKO P. COPPOLA Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5

ORIGI FILE OCT 2 7 2015 CLERK. U.S. DISTF:ICT COURT EASTERN DISTRICT OF CALIFORNIA BY - - -fi
6 Attorneys for Plaintiff United States of America 7 8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10 11 12 13

2:15 - MJ - 0 21 3 IN THE MATTER OF THE APPLICATION OF THE UNITED STATES OF AMERICA FOR ARREST WARRANTS AND A CRIMINAL COMPLAINT SIGNED OCTOBER 27, 2015, BY THE HONORABLE EDMUNDF.BRENNAN.

EFB

CASE NO. [PROPOSED] ORDER RE: REQUEST TO SEAL DOCUMENTS UNDERSEAL

14 15 16

SEALING ORDER

17 18

Upon application of the United States of America and good cause having been shown, · IT IS HEREBY ORDERED that the arrest warrant, criminal complaint, underlying affidavit

19 signed by the Honorable Edmund F. Brednan on October 27, 2015, and this order in the above20 referenced proceeding shall be filed under seal and shall not be disclosed to any person, unless otherwise 21

ordered by this Court. The sealed documents referenced in this order shall be unsealed upon the

22

defendant's arrest.

23 24

Dated:

1

/0 ~ dZ --dc:YC

25 26 27 28

SEALING ORDER

1