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Mike Latham Affidavit
Mike Latham Affidavit
I, Nickolas Boffi, a Task Force Officer with the Federal Bureau of Investigation (FBI),
Washington Field Division, Washington, D.C., being duly sworn, depose and state as follows:
1. Your Affiant has been employedas a police detective with the Fairfax CountyPolice
for the past seventeen years in both patrol and investigative capacities. Your Affiant is currently
assigned totheCriminal Investigations Bureau, Child Exploitation Unit, which isresponsible for the
investigation ofcrimes against children. Your Affiant isalsocurrently assigned asa taskforce officer
with the Federal Bureau of Investigation, Child Exploitation and Human Trafficking Unit. Your
Affiant has received training involving Internet Crimes Against Children (ICAC) and has also
Federal Bureau of Investigation. As a task force officer, your Affiant is authorized to investigate
violations oflaws ofthe United States and is a law enforcement officer with the authority to execute
2. This affidavit is being made in support of a criminal complaint for Mike Douglas
Latham. Because this affidavit is being made for the limited purpose of supporting a criminal
APPLICABLE STATUTES
3. This investigation concerns alleged violations of Title 18, United States Code,
Sections 2252 and 2252A, relating to material involving the sexual exploitation of minors.
a. Title 18, United States Code, Sections 2252(a)(2) and 2252(b)( 1) prohibit the
computer, if (i) the producing of such visual depiction involves the use of a
minor engaging in sexually explicit conduct; and (ii) such visual depiction is of
such conduct.
b. Title 18, United States Code, Sections 2252A(a)(2) and 2252A(b)(!) prohibits
c. Title 18, United States Code, Section 2256(1), defines "minor" as "any person
d. The term "sexually explicit conduct" as used herein, is defined pursuant to Title
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18, United States Code, Section 2256(2) as "actual or simulated (i) sexual
whether between persons of the same or opposite sex; (ii) bestiality; (iii)
The term "visual depiction" as used herein, is defined pursuant to Title 18, United
States Code, Section 2256(5) to include "undeveloped film and videotape, data
into a visual image, and data which is capable of conversion into a visual image
that has been transmitted by any means, whether or not stored in a permanent
format."
The term "child pornography" as used herein, is defined pursuant to Title 18,
United States Code, Section 2256(8) as "any visual depiction, including any
sexually explicit conduct, where (A) the production of such visual depiction
involves the use of a minor engaging in sexually explicit conduct; (B) such visual
or (C) such visual depiction has been created, adapted, or modified to appear that
4. On August 27,2010, your Affiant used a law enforcement tool to review a list of
Internet Protocol ("IP") addresses that had recently been recorded as sharing, in the
network.
5. The tool indicated that the IP address 71.246.222.21 (hereinafter the "SUBJECT
IP") wasused to share child pornography images and/or videos on the P2P network. An IP
address is unique to a particular computer during an online session and provides a unique
6. Using the law enforcement tool, yourAffiant was able to view that SUBJECT IP
was sharing a total of 1,199 files on the P2P network to include a total of forty-four (44) child
notable files.
capacity and accessed the P2P network. Your Affiant used a P2P software client program to
connect directly to the SUBJECT IP. Your Affiant wasable to obtain a single-source download
for the SUBJECT IP. After downloading, your Affiant reviewed the video titled "Jho- Russian
"Jho- Russian pthc.mpg" is a video 48 minutes and 45 seconds in length containing a collection
of videos depicting prepubescent naked females with the focus of the video on the genital region
of the females. The video also depicts prepubescent naked females engaged in sexual acts with
an unknown male.
capacity and accessed the P2P network. YourAffiant used a P2P software client that allowed me
to browse files being shared by the SUBJECT IP. Your Affiant observed the SUBJECT IP was
sharing the following files: "(hussyfan) (pthc) (r@ygold) (babyshivid) (ptsc) - 13yo chihura.mpg"
Daphne 9yo plenity sex pleasure (babyshivid underage Babyj hussyfan childloverxxxx).mpg"
9. Your Affiant initiated a download from another source for SHA-1 value
reviewed the video file that is 1 hour, 13 minute and 21 second in length. The video first shows a
prepubescent female standing clothed in a bedroom. Theoperator of the video camera films the
girl from head to toe from different angles. The video then shows the same girl nude being
vaginally penetrated by anunknown male's penis. The girl can be heard yelling in pain during
the penetration.
10. Your Affiant initiated a download from another source(s) for a file with SHA-1
Affiant reviewed the video file that is 57 minutes and 16 seconds in length. The video starts by
showing a clothed, prepubescent female laying on a bed. The operator of the video camera films
the clothed girl's crotch and breast areas. Next, the video shows the same girl nude being
vaginally penetrated by a finger. In addition, the video shows the girl engaged in various sexual
11. Investigation revealed that the SUBJECT IP was located in the Eastern District of
Virginia, and owned by Verizon Internet Services, Inc. Pursuant to an administrative subpoena,
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Verizon Internet Services, Inc. revealed that Internet provider number 71.246.222.21 was
assigned to the SUBJECT PREMISES starting on November 11,2009 through October 8,2010
[during the time of my downloads]. Verizon Internet Services, Inc. listed a female property
owner of the residence as the account subscriber. A public records database check of the
SUBJECT PREMISES and listed three people (including Mike Douglas Latham) as living at the
residence.
12. On October 28, 2010, FBI agents executed a search warrant at the residence of
Mike Douglas Latham in Vienna, Virginia. Mike Douglas Latham arrived at the residence while
the search was being conducted and agreed to be interviewed by agents on the search team.
Latham told agents that all of his computers were password protected and that he was the only
person to use hiscomputers. Latham identified one of hiscomputers as the computer used to
view adultand child pornography. He said that he installed a program called"FrostWire" that
makes files available for downloading by others. He said that one of the standard download
defaults in the FrostWire software program was changed to direct the files he downloaded into a
folder he labeled "dump." He said that he used search terms including "teen," "interracial,"
"PTHC," and "Lolita" to view images and videos of females aged 12 to 16 years old engaged in
sexual activities. He also said that he prefers videos because they provide more stimulation. He
further explained that when he downloads the child pornography he reviews it because
sometimes the videos do not match the titles. In addition, if he really likes what he downloaded,
he renames the file using an exclamation point or an ampersand so that the files appearat the top
of his collection list. He estimated that he had between 90 and 100 child pornography videos.
He said that he has downloaded bestiality videos using the "FrostWire" client but he only views
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that type of videos once a quarter. He said that a few of the child pornography videos involve
13. The computers and digital media seized from Mike Douglas Latham's residence
were submitted for a digital forensics examination which was completed on November 9,2010.
The examination revealed over two dozen child pornography still image files and more than one
hundred twenty child pornography movie files including movies depicting prepubescent bondage
and bestiality. Most of the child pornography movie files included "PTHC" in the titles. Your
Affiant knows from trainingand investigation that "PTHC" means pre-teen hard core to
distributors of child pornography files. In addition, fifteen of the child pornography movie files
had titles starting with either an exclamation point or an ampersand which caused the fifteen files
to appear at the topof the list of movie files. One of the seized computers had independent
operating systems installed in three different partitions. Two of the partitions had the FrostWire
peer-to-peer software program installed to share files including still image and video files. The
FrostWire programs were installed on or about May 12,2010 and on or about May 23,2010 on
the partitions.
14. A review of the child pornography still image files and the child pornography
movie files revealed several minor victims identified by law enforcement in other investigations.
The minor victims depicted in movie files included: "Jenny," photographed engaging in sexually
explicit conduct in Michigan between eight and nine years old; and, "Vicky" who was
photographed engaging in sexually explicit conduct in Washington between ten and eleven years
old. Many of the child pornography movies depicted prepubescent females engaging in sexually
explicit conduct. The child pornography movies ranged in length from a few minutes to over an
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hour in running time. One of the child pornography movies recovered was "Jho-Russian
pthc.mpg" the same 48 minute and 45 second movie downloaded from Mike Douglas Latham's
Conclusion
15. Based on the above information, I respectfully submit that there is probable cause
to believe that Mike Douglas Latham knowingly and intentionally distribute and attempted to
distribute visual depictions of minors engaging in sexually explicit conduct using any means or
facility of interstate or foreign commerceor that has been mailed or shipped or transported in or
affecting interstate or foreign commerce or whichcontains materials which have been mailed or
so shipped or transported, by any means including by computer, if (i) the producing of such
visual depiction involves the use of a minorengaging in sexually explicit conductand (ii) such
visual depiction is of such conduct, in violation of Title 18, United States Code, Sections
2252(a)(2), 2252(b)(1) and 2256(8)(A). Accordingly, your Affiant requests that a complaint and
Nickolas Boffi
Special Deputy U. S. Marshal
tsl
Ivan D. Davis
United States Magistrate Judge