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