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__________________________________________________________________
In the Matter of the Application of Environmental Conservation InvestigatorDaniel W. Sullivan, New York State Department of Environmental Conservation,Division of Law Enforcement, Bureau of Environmental Crimes Investigation, forSearch Warrants authorizing the Search of:
1) A residence located at #9 Route 82, Fishkill, New York 12524 (JustinMunsterman residence)
2) A residence located at 82 Maple Street, Newburgh, New York 12550 (DarrenPaolini residence)
3) A residence located at 41 Garden Street, Staten Island, New York 10314 (RonaldC. Peteroy residence)
4) The residence, attached garage and the yard including any pond, fenced area,hibernaculum or structure located at 1616 Dewey Avenue, No Bellmore, New York 11710(Harry W. Faustmann residence)
5) The yard including any pond, fenced area, hibernaculum or structure located at359 Miller Avenue, Freeport, New York 11520 (Jeffrey E. Bollbach residence)
6) The residence, and the yard including any pond, fenced area, hibernaculum orstructure located at 138 Beech Street, Islip, New York 11751 (Gideon C Hodulickresidence)
7) The residence at 32 Carrie Court, Wading River, New York 11792 (AdamBorisuk residence)
8) The apartment located at 33 Briarlane Walk, Holbrook, New York 11741(Michael D. Brooks apartment)
__________________________________________________________________
Inv. Daniel W. Sullivan, being duly sworn, deposes and says:
1. I have been employed by the New York State Department of Environmental
Conservation (NYSDEC), Division of Law Enforcement, for 29 years and have held the rank of
Conservation Investigator 1 in the Bureau of Environmental Crimes Investigation for the last
fifteen years. Before being promoted to Environmental Criminal Investigator, I spent six years
as an Endangered Species enforcement specialist and enforced both New York State and Federal
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endangered species regulations. Currently I investigate complex felony-level fish, wildlife and
environmental crimes. I graduated from the Finger Lakes Community College with degrees in
both Science and Natural Resource Conservation and last attended Cornell University in the
Wildlife Sciences degree program. I have attended and completed specialized training in areas
such as the United States Fish and Wildlife Undercover school at the Federal Law Enforcement
Training Center in Glynco Georgia; the Western Wildlife Investigators Covert Academy in
Helena Montana; MAGLOCEN Electronic Surveillance training course in Newtown
Pennsylvania; and numerous other training seminars and conferences. Over the course of my
career, I have conducted numerous covert, undercover, and complex fish and wildlife
investigations involving the illegal commercialization of fish, wildlife and endangered species. I
have taught for over 25 years at numerous training academies in the areas of firearms, fish and
wildlife law enforcement and endangered species enforcement.
2. Lt. Richard D. Thomas (“Thomas”), shield No. 297, has been employed by the
NYSDEC Division of Law Enforcement as a Lieutenant in the Bureau of Environmental Crimes
Investigation since 2007. Thomas currently supervises four Conservation Investigators in the
eleven Counties of Region 8, investigating felony level environmental crimes a number of which
arise from covert operations. Prior to this assignment, Thomas was an Environmental
Conservation Investigator (2004-2007) and an Environmental Conservation Officer (1989-2004)
with NYSDEC. Thomas has served as an Adjunct Professor at Finger Lakes Community
College, presenting college-level instruction in Environmental Conservation Law, including
associated rules and regulations. At several training academies for NYSDEC Environmental
Conservation Officers, in addition to statutory course work, Thomas provided instruction in
conservation law field techniques, the state environmental quality review process, General
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Obligations Law, current events in environmental law enforcement. Thomas has served as the
lead instructor for all the primary fish and wildlife identification and management courses.
3. I am a police officer as that term is defined in New York Criminal Procedure Law
(“CPL”) §1.20(34)(j) and am qualified to apply for a search warrant in the State of New York
pursuant to §690.05(1) of the CPL.
4. This affidavit is submitted in support of an application for a warrant to search the
following locations:
1) A residence located at #9 Route 82, Fishkill, New York 12524 (Justin
Munsterman residence)
2) A residence located at 82 Maple Street, Newburgh, New York 12524 (Darren
Paolini residence)
3) A residence located at 41 Garden Street, Staten Island, New York 10314
(Ronald C. Peteroy residence)
4) The residence, attached garage and the yard including any pond, fenced area,
hibernaculum or structure located at 1616 Dewey Avenue, North Bellmore, New York 11710
(Harry W. Faustmann residence)
5) The yard including any pond, fenced area, hibernaculum or structure located at
359 Miller Avenue, Freeport, New York 11520 (Jeffrey E. Bollbach residence)
6) The residence, and the yard including any pond, fenced area, hibernaculum or
structure located at 138 Beech Street, Islip, New York 11751 (Gideon C Hodulick residence)
7) The residence at 32 Carrie Court, Wading River, New York 11792 (Adam
Borisuk residence)
8) The apartment located at 33 Briarlane Walk, Holbrook, New York 11741
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(Michael D. Brooks apartment)
5. I make this affidavit in support of an application for warrants to search the above-
described premises for items set forth below in detail, generally including illegally possessed
wildlife, and/or records and documents in paper and digital/electronic format reflecting the
purchase, sale and possession of illegally possessed wildlife.
6. Based on the facts and circumstances described herein, I submit that there is
probable cause to believe that certain persons, including Justin Munsterman, Darren Paolini,
Ronald Peteroy, Harry Faustmann, Jeffrey Bollback, Gideon Hodulick, Adam Borisuk, Michael
Brooks and others, have committed the crimes of Illegal Commercialization of Fish, Shellfish,
Crustaceans, and Wildlife under New York State Environmental Conservation Law (“ECL”), §§
71-0924(1),(2) and/or (3) and 11-0107(1) and (2), by taking, selling, offering and exposing for
sale, transporting and possessing wildlife, protected by the ECL§§ 11-0103 (2)(c),(6)(c), and
(6)(e)(5); 11–0535; and 6 NYCRR Part 182, and Conspiracy to commit those crimes.
7. Further, there is probable cause to believe that certain property, consisting
primarily of illegally possessed animals, paper and electronic communications, business and
financial records, and photographic material, in paper and digital/electronic format described in
detail below, now within the premises described above, have been used and are possessed for the
purpose of being used to commit and conceal the commission of the aforesaid crimes; are
implements and instruments used in the commission of a crime; and constitute evidence of and
tend to demonstrate the aforesaid crimes were committed, and that particular persons committed
them.
8. I make this affidavit based on our information and belief, the source of which is
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the examination of the file maintained by the NYSDEC, including information from cooperating
witnesses; recordings made by myself and Thomas of personal, telephonic and electronic (email
via the Internet) conversations with individuals suspected of violating various provisions of the
ECL; the acquisition and review of information obtained from the use of readily available
Internet tools and databases; the acquisition and review of business records, bank statements, and
telephone records, obtained from a variety of sources; and observations made by NYSDEC
investigators and others, including investigators with the New York State Attorney General’s
Office (“NYSAG”), the United States Fish and Wildlife Service, the United States Immigration
& Customs Enforcement Agency, the Ontario Ministry of Natural Resources, Environment
Canada, and the Pennsylvania Fish and Boat Commission (“PFBC”).
9. During the course of this investigation and the preparation of this application, I
have had hundreds of personal, telephonic and email conversations with Thomas regarding the
activities and communications that Thomas has engaged in throughout this investigation. I have
reviewed and confirmed with Thomas each activity and conversation set forth in this application
that is attributed to Thomas. In addition, if the court desires, Thomas will be available for
further examination.
Introduction
10. Pursuant to ECL § 11-0105, the state has ownership and control of all fish, game,
wildlife, shellfish, crustacea and protected insects, except those legally acquired and held in
private ownership. This case involves species of wildlife protected by New York law, including
1 ELC § 11-0103 (2)(c) “Small game means black, gray and fox squirrels, European hares, varying hares,cottontail rabbits, native frogs, native salamanders, native turtles, native lizards, native snakes, coyotes, red fox(Vulpes vulpes) and gray fox (Urocyon cinereoargenteus) except captive bred red fox or gray fox, raccoon, opossum,or weasel, skunk, bobcat, lynx, muskrat, mink, except mink born in captivity, fisher, otter, beaver, sable and martenbut does not include coydogs. (Emphasis added).
2 ELC § 11-0103 (6)(c) “Protected wildlife” means wild game, protected wild birds, protected insects,species of special concern and endangered and threatened species of wildlife designated by the department pursuantto section 11-0535 of this article, species listed in section 11-0536 of this article and species protected pursuant tosection 11-0311 of this article. (Emphasis added).
3A listing of the native New York species designated as “endangered”, “threatened” or “of special concern”may be found at 6 NYCRR Part 182.
4 ELC § 11-0103 (6)(e) “Wild animal” ...[includes]....(5) All reptiles that are venomous by nature, pursuantto department regulation, and the following species and orders: Burmese Python (Python m. bivittatus), ReticulatedPython (Python reticulatus), African Rock Python (Python sabae), Green Anaconda (Eunectes maurinus), YellowAnaconda (Eunectes notaeus), Australian Amethystine Python (Morelia amethistina and Morelia kinghorni), IndianPython (Python molurus), Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus nilocitus), WhiteThroat Monitor (Varanus albigularis), Black Throat Monitor (Varanus albigularis ionides) and Crocodile Monitor(Varanus salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof, (6) Crocodylia. (Emphasisadded)
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“small game”1, such as native turtles, snakes and salamanders; “protected wildlife”2, including
species designated by the federal government and/or NYSDEC as endangered, threatened or of
special concern3, such as spotted turtles, eastern box turtles, wood turtles, timber rattlesnakes,
eastern massasaugua rattlesnakes, and yellow spotted amazon river turtles, and “wild animals4,
typically reptiles that are venomous by nature such as copperheads, rattlesnakes, and rhino
vipers.
11. Based on my experience and training, I know that reptiles and amphibians,
collectively known as herpetofauna or “herps”, play a critical role in ecosystems as both
predators and prey and are important indicators of the environmental quality for all organisms,
including humans. Timber rattlesnakes, along with their ecological value, remain one of the few
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signs of true wildness to those able to see them. I know that the eastern red-backed salamander,
among others, breathes through its skin, and, along with all amphibians, is extremely sensitive to
changes in air quality. I also know that spotted turtles share the same sensitivity towards water
pollution. I am also aware that several species in New York are on the brink of extirpation, and
that population extirpations are widespread. All native New York turtles have high rates of
natural mortality for juveniles while, as in the case of the wood turtle, it takes from 14-18 years
to reach maturity before egg laying. Thus the removal of even a few adults from a population
can result in the disappearance of an entire species from a particular location.
12. Based on my experience and training, I am also aware that many of these
“indicator species” in New York are threatened with extinction. In addition to habitation loss
and environmental contamination, perhaps the most significant factor in the extirpation of New
York’s reptiles and amphibians is the illegal collecting and commercial exploitation of these
wild species. Historically, certain species of frogs and turtles in New York have been harvested
for their nutritional value and subsequent food market value. The state has listed several of those
species as endangered, threatened or of special concern. I now know that the illegal commercial,
or “black” market in New York herp species for the pet and collector trade is an equal, or even
greater threat than the commercial food market. Many New York species of reptiles and
amphibians are highly prized in the black market and are typically selling for hundreds or
thousands of dollars over the Internet, at herp shows and privately among collectors. There has
been a strong growth in the herp “culture”resulting in the increased illegal taking, possession,
purchase and sale of protected reptiles and amphibians. In addition, herp depletion in many
foreign countries, where turtles and snakes are revered in culture for worship and medicinal
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purposes, is now impacting our own species. I know that the value put on many of our native
reptile and amphibians by the herp culture and the global black market encourages the illegal
taking of herps from the wild.
13. I am aware that the federal government through the United States Fish and
Wildlife Service (“USFWS”) enforces the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (“CITES”), which allows the international trade in wildlife
species only where such trade is sustainable. Four native New York species of turtles are listed
by CITES: the bog, wood, eastern box, and common map turtles. The USFWS also administers
the federal Endangered Species Act and enforces the Lacey Act, which criminalizes the
importation, exportation, transportation, buying and selling of any species, including reptiles and
amphibians, taken or possessed in contravention of federal, state or tribal laws.
14. The ECL divides wildlife (wild game and all other animal life existing in the
wild, except fish, shellfish and crustacea) into “protected wildlife” and “unprotected wildlife.”
Until January 2006, most amphibians and reptiles faced a serious threat that was not generally
felt by protected wildlife, such as wild birds and mammals, because the New York laws that
regulate the hunting, collecting and purchase or sale of game birds, fish and big game generally
did not apply to herps. Effective January 1, 2006, all native amphibians and reptiles were
designated as “small game” and their taking, possession and commercialization (purchase and
sale) became regulated.
15. In the absence of a permit, the possession, transportation, importation or
exportation of game and protected wildlife, including reptiles, amphibians and venomous snakes,
is generally prohibited whether taken within the state or coming from without the state. See
5ECL § 71-0923. Violations. 1. Any offense specified in section 71-0919 of this article, unless made amisdemeanor by section 71-0921 of this article or another provision of such chapter, shall be a violation, punishable,except as otherwise provided in this section, by imprisonment for not more than fifteen days, or by a fine of not morethan two hundred fifty dollars, or by both such fine and imprisonment.
ECL § 71-0924. Illegal commercialization of fish, shellfish, crustaceans, and wildlife. Notwithstanding anyother provision of this chapter, when a violation involves the sale, trade or barter of fish, shellfish, crustaceans,wildlife, or parts thereof, the sale, trade or barter of which is prohibited by the fish and wildlife law, the followingadditional penalties shall be imposed: 1. where the value of fish, shellfish, crustaceans, wildlife, or parts thereof, istwo hundred fifty dollars or less, the offense shall be a violation punishable by a fine of five hundred dollars and/ornot more than fifteen days of imprisonment; 2. where the value of fish, shellfish, crustaceans, wildlife, or partsthereof, is more than two hundred fifty dollars but does not exceed one thousand five hundred dollars, the offenseshall be a misdemeanor punishable by a fine of five thousand dollars and/or not more than one year of imprisonment;and 3. where the value of fish, shellfish, crustaceans, wildlife, or parts thereof, exceeds one thousand five hundreddollars, the offense shall constitute a class E felony under the provisions of the penal law. 4. For the purposes of thissection the value of fish, shellfish, crustaceans and wildlife shall be the fair market value of or actual price paid forsuch resource, whichever is greater. For purposes of this section, "sale" shall include the acts of selling, trading orbartering and all related acts, such as the act of offering for sale, trade or barter, and shall also include the illegalpossession of fish, shellfish, wildlife or crustacea with intent to sell. It shall be presumptive evidence of possessionwith intent to sell when such fish, shellfish, wildlife or crustacea is possessed in quantities exceeding the allowablerecreational quantities, or is possessed in a retail or wholesale outlet commonly used for the buying or selling of suchfish, shellfish, wildlife or crustacea, provided, however, that nothing in this subdivision shall preclude the admissionof other evidence which may serve to independently prove a defendant's intent to sell.
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ECL §11-0107. ECL §11-0535 gives native New York species listed by the state, or non-native
species listed by USFWS as endangered or threatened, additional protections. Enforcement of
ECL Article 11 (generally referred to as the state “fish and wildlife law”) is within the duties of
the NYSDEC; criminal violations carry penalties ranging from 15 days’ incarceration and/or a
fine of $250, up to and including four years’ incarceration and/or a fine of $5,000 for the illegal
commercialization of wildlife having a value exceeding $1,500.5
16. Lastly, ECL §71-0911 specifies that whenever it appears probable that wildlife or
game taken or possessed contrary to the Fish and Wildlife Law are concealed, any local criminal
court having criminal jurisdiction shall issue a search warrant for the discovery thereof in
accordance with the provisions of article 690 of the Criminal Procedure Law.
6 When, during the course of the application, your applicant refers to activities, findings and conclusionsmade engaged in or made by “we,” I am referring to both Thomas and Sullivn. Again, your applicant has observed,discussed and confirmed the activity, findings and conclusions with Thomas during this investigation and thepreparation of the application.
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THE INVESTIGATION
17. This two-year undercover investigation has determined that there is a significant
market for individuals who illegally collect, sell, buy and trade protected species of wildlife that
are considered native to New York, such as the eastern box turtle pictured above. We6 also
established the existence of a lucrative trade, both legal and illegal, for non-native, exotic, and
often dangerous reptiles and amphibians. These markets are driven by collectors and individuals
who are looking to profit on a rising demand for wildlife species that are becoming increasingly
more rare. As a species of reptile or amphibian, like all wildlife, becomes more rare, the value
rises significantly. Thus, illegal collectors are motivated more to seek out disappearing
populations. During our investigation, we have observed and interacted with an entire “culture”
of individuals exhibiting a desire to possess endangered, threatened, and protected turtles,
venomous and non-venomous snakes, frogs, salamanders and lizards. The herp culture is very
active through innumerable web sites and blogs on the Internet and collector shows that range
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from those held by local clubs to regional and national shows with thousands of attendees.
18. Beginning early in 2006, Thomas and I researched the NYSDEC’s complaint
database to establish reptile and amphibian enforcement actions that had taken place in the recent
past focusing on the individuals involved and geographic locations. We met with NYSDEC
Herpetologist, Alvin R. Breisch, and spent a significant amount of time afield with Breisch
learning the natural history of New York’s native herps and the problems they face. We also met
with other NYSDEC law enforcement personnel and other professionals that had been involved
with or had knowledge of herp enforcement issues and actions. After this review, we began to
Show announcement for New York Herp showPopular reptile and amphibian classified website
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establish a list of potential participants in the illegal herp trade, herp web sites highlighting the
sale of native wildlife, and culture-based shows and exhibits where known illegal trading
occurred.
19. Thomas and I also met with conservation law professionals from other states and
Canada to establish known reptile and amphibian illegal market issues in other locations and to
learn about techniques used by other law enforcement agencies. Our initial research showed a
number of potential violations occurring across state and international boundaries. We spent
considerable time with agents of the USFWS, officers from Environment Canada and the
Province of Ontario, and state officers with significant herp enforcement experience from
Pennsylvania, Ohio, Maryland, Delaware, New Jersey, Florida, Michigan, and Wisconsin.
20. In November of 2006, Thomas attended a meeting hosted by the USFWS in
Hadley, MA. The purpose of the meeting was to share intelligence on the illegal reptile and
amphibian trade between representatives of the northeastern United States and the USFWS.
Every state’s representative provided a presentation on illegal activity that he or she were aware
of through the Internet, shows, and contact with collectors in the field. At the meeting, it became
apparent that New York State, with its large port of entry, New York City, and human resources,
is a hub of illegal trading in the Northeast.
21. Beginning early in 2006, Thomas and I established undercover identities and
began to communicate with various sellers of native herps through the Internet and by telephone.
We spent a lot of time establishing ourselves on the Internet, answering classified ads and
participating in forum discussions. We educated ourselves in the language used within the herp
7 From http://www.kingsnake.com/articles/glossary“morf”usually refers to the different colorations and patterns produced by one mutation or a combination ofmutations in a particular species.“2.3.0 EDB” refers to the number of males, females, and unknowns possesses of a species, such as easterndiamondback rattlesnakes.“LTC” means long term captive.“hots” is a term used to refer to venomous snakes or lizards.
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culture with words, ratios and terms such as “morph,” “2.3.0 EDB,” “LTC” and “hots.”7
22. We identified several popular Internet sites and they were constantly monitored
for their regular posting of classifieds and forums relating to native reptiles and amphibians. We
found that most sellers advertising illegal herps indicated they were from the “USA,” or
“Nationwide” For example, see post below from a popular website, kingsnake.com, showing
how sellers disguise their physical location:
It was also noted that most out-of-state sellers would sell to New Yorkers, but attempted to free
themselves of liability by telling us they could ship into New York, but it was the buyer’s
responsibility to have the legal right to receive it. We also saw information on “blogs” (a web
site set up personally by an individual or group) that actually described illegal collecting activity
14
in the field. Finally, we monitored popular posting sites such as YouTube and MySpace for
pictures and video of illegal activity.
23. Beginning in August of 2006, Thomas and I attended reptile and amphibian
shows to establish relationships with herp vendors and customers. From August of 2006 to
October of 2008, we attended 23 herp shows in New York, Pennsylvania, and Ohio. The shows
included large Northeastern events with 100-200 vendors and several thousand attendees as well
as smaller regional events.
We witnessed numerous illegal transactions involving illegal herps between vendors and
established customers. Over time, we established relationships with many of the vendors, which
allowed us to enter their inner circle of trustworthy associates. By early 2007, Thomas had
established himself as a vendor of high end reptile and amphibian photographs, opening the door
for collection outing invitations and opportunities to photograph individual herp collections.
24. Thomas and I covertly inspected popular cultural markets in New York City and
other metropolitan areas in New York to identify with the sellers and buyers dealing in native
Reptile show with over 100 exhibitors (2)
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wildlife species. We spent time with NYSDEC personnel assigned to those areas and found an
active trade in herps, especially turtles. Thomas worked the Fulton Fish Market with Region 2
NYSDEC personnel and identified native turtles from a Maryland dealer being sold to
distributors in New York for resale. The Maryland source of the turtles is under investigation
and has purchased illegal New York turtles from the covert investigators.
25. The Investigators spent hundreds of hours afield with violators while they were
illegally collecting and acquiring contraband to be used in covert transactions. As an example,
Thomas spent time afield with a target in the lower Hudson Valley, after purchasing a protected
salamander from the individual. Thomas photographed the target’s personal collection of
protected native turtles and venomous snakes.
Eastern painted turtles discovered being sold illegally in NYCInspecting turtles sold in NYC’s China Town
Northern red salamander
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I covertly accompanied two known turtle egg poachers on Long Island while they collected more
than a thousand protected turtle eggs for incubation, hatching, and sale. Those hatchling
snapping turtles were later laundered through a Louisiana turtle farm and are believed to have
been sold to China, while some were sold to a covert enforcement officer in Pennsylvania. We
also received authorization to collect our own snapping turtle eggs and adult snapping turtles for
covert buys. We built a large incubator and hatched several hundred turtles that were then
covertly sold through the Long Island subjects to Louisiana. In addition, adult snapping turtles
were sold over a two-year period to a Maryland processor who has told me that he is butchering
several hundred thousand turtles a year, many from New York, for sale to metropolitan markets
in the United States and China.
26. Our investigation has included numerous significant covert transactions that alone
show the broad scope of the illegal reptile and amphibian trade. Our efforts to uncover criminal
activity involving our native species has revealed that our New York indicator species, those
animals that tell us the health of our environment, are illegally collected, bought and sold inside
the state, outside of the state, and internationally. And we have found that New York State is an
active playground for the trade in exotic herps, including highly endangered species and
dangerous venomous snakes.
27. Our first covert transaction involved one of the most well known turtle dealers in
the United States. This self-proclaimed expert on the spotted turtle has produced both a book
(below) and a video on the species. In the book, he suggests that collectors watch out for
undercover fish and wildlife agents as those agents will attempt to set people up to buy wild
caught adults. Even after I told this individual about the New York laws, he still sold me 14
17
spotted turtles.
28. After noting a classified ad on the popular website, venomousreptiles.org (below),
I made contact with a Canadian subject who was “looking for trustworthy Americans” to trade
snakes.
The individual was seeking timber rattlesnakes, a threatened species in New York. The Ontario
resident provided pictures of the massasauga rattlesnakes, listed as endangered in both Ontario
and New York, that he had taken from the wild and was offering to trade to me for New York
timber rattlesnakes. In May of 2008, and again in October of 2008, the target brought a total of
35 endangered snakes and one spotted turtle (also listed as endangered in Ontario) into the
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United States and traded them to me (see photo below). During the October transaction, the
target was arrested on State, Federal, and Canadian charges when he delivered 33 massasauga
rattlesnakes across the border. I am informed by Ontario Provincial officials that his collecting
activities could have decimated an entire population of a rare animal, and rehabilitation work is
under way currently to return the snakes to their habitat in the spring.
Throughout several months of email correspondence and telephone conversations, the target
exhibited a thorough knowledge of, and willingness, to break the New York State and Federal
laws pertaining to illegally taking, smuggling and sale of threatened and endangered species.
29. After locating a classified ad on one of the largest herp websites, Kingsnake.com,
I made contact with a individual from Long Island who was soliciting snapping turtle hatchlings
by the thousands. Our investigation revealed this target, with an associate, was personally
collecting thousands of snapping turtle eggs from state land on Long Island each spring. They
were then incubating and hatching the eggs, and “laundering” the juvenile turtles through a turtle
farm in Louisiana for sale to buyers in China. The original classified ad was an attempt to “buy
low and sell high” from other illegal collectors. Taped conversations and financial records
Rattlesnake secreted in a speaker box in a mini-van Measuring a smuggled endangered massasauga rattlesnake
19
obtained during the investigation revealed transactions in the tens of thousands of dollars each
year. Ultimately, I accompanied the targets while they illegally collected eggs; sold them
juvenile turtles; sent illegal shipments of juvenile turtles we hatched to the targets for sale to a
turtle farm in Louisiana; and monitored their felony sales of turtles in New Jersey and
Pennsylvania to a Pennsylvania covert officer working with us.
30. In October of 2007, Thomas identified a seller on Kingsnake.com, purporting to
be from Pennsylvania, who was advertising a red salamander for $75. Further investigation
revealed that the seller was actually from Dutchess County, New York, and was intentionally
disguising his location. A covert contact was made and Thomas, posing as a photographer, met
with the subject at the subject’s residence. There Thomas purchased the salamander,
photographed illegal box turtles, spotted turtles and venomous copperhead snakes, and went
afield “herping” with the target. During subsequent months, we documented further illegal
collecting by this individual and an associate. Over several transactions, Thomas and I
purchased copperhead snakes, timber rattlesnakes, eastern box turtles, a wood turtle, spotted
salamanders, and several other species of salamanders collected by the original target and his
colleague from the wilds of New York. Notably, many of the transactions occurred at the
Hamburg, Pennsylvania reptile show, the largest of it’s kind in the Northeast. At the show, we
observed the New York targets regularly profiting from the illegal commercial sale of New York
native wildlife across State lines. Both individuals have told us that they possess extensive,
unpermitted collections of exotic venomous snakes and have ties to a large Florida-based
international dealer of herps.
20
31. One of the initial ongoing complaints that influenced NYSDEC’s decision to
begin a significant enforcement initiative was the illegal commercial trapping of common
snapping turtles from New York’s wetlands. Our investigation identified a significant buyer in
the State of Maryland, operating a business know as Turtles Deluxe, who was purchasing
thousands of pounds of snapping turtles taken illegally by trappers in New York. I covertly
purchased turtles from one New York trapper, and Thomas accompanied another as he illegally
trapped snapping turtles. We also, with authorization, live trapped and collected more than 150
adult snapping turtles for covert sales. In 2007, and again in 2008, undercover officers sold
several hundred pounds of illegal snapping turtles to the Maryland buyer.
Copperhead taken illegally from the wild and photographed by covert investigator
Snapping turtles and eastern painted turtles in an illegal trap
21
32. In addition, we found that special interest societies and internationally known
conservation organizations are not immune to the illegal activities of their members. In May of
2007, while acting as an undercover, Thomas purchased five spotted turtles from an individual
who told us that he is a member of the New York Turtle and Tortoise Society. And, in 2008, I
completed covert transactions with three purported members of the Long Island Herpetological
Society, selling them North American wood turtles and spotted turtles and trading with one
Society member for eastern box turtles (see picture below). Based upon our experiences, some
of the herp culture enthusiasts have indicated that they consider “captive-bred” reptiles and
amphibians acceptable to possess, buy and sell although they know the law does not differentiate
between wild and captive bred. Unfortunately, much of the captive breeding activity is initiated
or supplemented by illegal wild capture and the prices paid for any protected herp encourages
more field collecting.
33. I covertly purchased a number of turtles native to New York from a large on-line
Internet turtle sale dealer from Florida. This dealer, operating through the website
turtlesale.com, sold me a felony amount (more than $1,500) of spotted turtles, and North
American wood turtles after being informed by Sullivan that it is illegal to sell species native to
22
New York, into New York State, even if the specific animals are not from New York. We
observed that many Internet dealers do provide warnings on their sites indicating they will not
knowingly ship reptiles and amphibians unlawfully. Yet one of the most prominent websites,
Turtlesale.com, (see post below) chooses to ignore New York State regulations, indicating that
only the buyer is responsible. Again, the black market values placed on many protected herp
species encourages illegal collection and trade.
34. In 2006, Thomas and I, working covertly, purchased two venomous reptiles from
a Staten Island, New York resident who was possessing them illegally. One of the snakes, a
rhinoceros viper, is considered extremely dangerous. We continued to communicate with this
individual, and in 2007, discovered he was operating as an importer of rare reptiles. In 2008, for
$2,000, Thomas purchased two Federally-endangered yellow spotted amazon river turtles (see
23
photo below) from this target. The target completed the transaction after he advised Thomas that
his associate in Florida was currently in jail for the same offense.
35. Collectively, Thomas and I recorded hundreds of violations of the New York
State ECL while uncovering a number of significant crimes, many of them felonies, committed
by individuals and businesses exploiting an environmentally sensitive and critical part of New
York’s ecology. In addition, we developed a number of cases with the Pennsylvania Fish and
Boat Commission involving ten or more individuals and, to date, have arrested a reptile poacher
from Canada on state felony charges and federal smuggling charges, recovering a number of
endangered species for return to the wilds of Ontario. (See paragraph 28 above.)
36. The NYSDEC Division of Law Enforcement’s undercover operation was
intended to define the actual commercial threat to our indicator species and address that threat
during a time when society is becoming more and more aware of the importance of ecological
diversity and the need to protect the resources that fulfill important roles in our environment.
We have found a active black market for our native reptiles and amphibians, with much of the
active trading involving protected species done over the internet, under the tables at trade shows,
Yellow headed amazon river turtle
8
Pursuant to 6 NYCRR Part 3, §§ 3.2(a), 3.3(a), 3.4(a), 3.5(a), 3.6(a), native turtles, snakes, lizards, frogs andsalamanders are defined to include “...all life stages, including eggs...”
24
and in parking lots, businesses, and residences. We have also found the possession of illegal
dangerous venomous animals, native and exotic, to be a prominent issue in New York.
PLACES TO BE SEARCHED & EVIDENCE TO BE SEIZED
37. At three of the target locations, the property to be seized consists solely of
illegally possessed animals; at three of the target locations we are seeking to seize only business
records in paper and digital/electronic format; and, at two of the target locations we seek
authorization for the seizure of both illegally possessed reptiles and amphibians and business
records in paper and/or digital/electronic format. Where business records are sought, I expect
that some or all of the records may be maintained on digital/electronic media.
Illegally Possessed Animals
38. Based on my experience and training, including both my and Thomas’
involvement in the execution of many search warrants, I anticipate that a search of at least five of
the locations will result in the seizure of illegally possessed reptiles and amphibians including
protected turtles, snakes, frogs and salamanders as those terms are defined in the ECL, and that
such animals may be alive (in any life form, including eggs)8 or dead. During the execution of
the search warrants, NYSDEC will have trained technicians and biologists on-site to identify
illegal reptiles and amphibians.
39. On November 24, 2008, Thomas caused a search to be made of the NYSDEC’s
25
Special Licenses unit for any permits or licenses that would allow the possession of regulated
wildlife by an individual residing at the target locations, including Adam Borisuk, Nadine
Agliata, Michael Brooks, Justin Munsterman, Darren Paolini, Harry Faustmann, Jeffrey
Bollbach, Gideon Hodulick, and Ronald Peteroy. Historically, NYSDEC has issued permits to
control the possession of certain exotic venomous snakes based in part on applicant’s ability to
satisfy public safety concerns. However, NYSDEC, in an effort to carry out its statutory
obligations and to protect native venomous snakes, has only issued permits to possess native
venomous snakes to scientific collectors for specific educational and scientific purposes.
Thomas was informed by Joseph Therrien, an NYSDEC wildlife biologist, that no permits or
licenses have been issued by NYSDEC to any of the named individuals (except for Darren
Paolini and Adam Borisuk) that would allow the possession of any regulated wildlife in New
York. NYSDEC did issue permits to Paolini and Borisuk allowing them to possess certain
exotic venomous snakes. Paolini’s permit expired in 2004, and he submitted a interim permit
renewal form that was neither approved nor denied as of November 24, 2008. Borisuk submitted
a interim permit renewal form in February 2005 that was neither approved nor denied as of
November 24, 2008. The State Administrative Procedures Act states that such permits remain in
effect until the renewal has been acted upon by NYSDEC. The Special Licenses unit has not
acted on any permit requests related to exotic venomous snakes since 2004, pending direction
from the NYSDEC. Accordingly, this search warrant application does not seek the seizure of
any exotic venomous snakes, only native New York species of venomous snakes. If and when
we encounter exotic venomous snakes the animals will be tagged and secured in situ and
NYSDEC will deal with their continued possession and ownership administratively.
26
Business and Financial Records
40. Based on our experience and training, including both my and Thomas’
involvement in the execution of many search warrants seeking business records, we know that
legitimate businesses are required to keep certain business records and that even illegal
businesses generally maintain records. During this investigation, Thomas and I have observed
countless transactions involving the purchase of both legally and illegally possessed wildlife by
dozens of individuals and businesses. These transaction were handled by cash, check and credit
cards. The transactions often generated credit card records, banking records, billing records,
shipping records, shipping containers and shipping labels. In addition, the transactions were
often arranged and/or completed with communications between the parties that generated
telephone records, appointment calendars and telephone and email directories. Lastly, Thomas
and I have observed that buyers and sellers of reptiles and amphibians often maintain records
detailing their inventory, feeding schedules, breeding, and trading logs. Thomas and I also
know, from our years of executing search warrants investigating other environmental crimes,
that most business records and documents are maintained for extended periods of time.
Financial, payroll, and tax information are required to be kept for many years. Business records,
in this case, include corporate documents, telephone records, checking, savings, and credit card
records with financial institutions, bank records, billing and accounts receivable statements,
shipping records, shipping labels, labeled shipping containers, correspondence and
communications with other buyers and sellers and their representatives, calendars, appointment
books, telephone books, inventory, feeding schedules, breeding and trading logs.
41. In addition, Thomas and I have seen Internet postings and spoken with
27
individuals involved with the illegal commercial trade in reptiles, amphibians and venomous
snakes, and I am aware that these individuals frequently have photographs and maintain
photographic albums of their possessions, and the animals they have purchased and sold. Based
upon the training I have received, as well as experience conducting this investigation, I have
learned that people who buy, produce, trade or sell illegally possessed wildlife rarely, if ever,
dispose of their photographs and photographic albums, and they treat these materials as prize
possessions. Such photographic evidence may be in printed or digital/electronic format.
Computer Systems
42. Based on my and Thomas’ email contact with some of our suspects and their
maintenance of Internet web sites, I believe that there are computers located at some of the
locations set forth below, and that computers were used to facilitate the, purchase and sale of
protected animals and wildlife. As a result of logistical difficulties involved in searching
computer systems, as set forth below, it may be necessary to remove the computer systems to a
secure location to conduct a forensically safe search for electronic data comprising the records
specified above.
43. Based upon my training and experience, I know that records kept on a computer
and/or on electronic storage devices may remain on such equipment even if the records have
been “deleted.” After deletion, they may reside on the digital media of the computer or storage
devices, invisible to the average user. These records are recoverable by trained computer
forensic experts using specialized tools.
Conduct of a “Computer” Search & Seizure
28
44. Based upon my experience and training and conversations I had with Michael G.
McCartney (“McCartney”), a NYSAG Senior Investigator currently assigned to the
Investigations Bureau in Buffalo, New York, I know that searching and seizing information from
computers often requires agents to seize most or all of the components of the computer system to
be searched later by a qualified computer expert in a laboratory or other controlled environment.
45. McCartney has been a NYSAG investigator since 1995. During his work with the
NYSAG, McCartney has conducted, coordinated and/or participated in over three hundred
Internet and computer crime-related investigations. McCartney has received training through the
International Association of Computer Investigative Specialists ("IACIS") in computer forensics
and evidence processing and he has received IACIS certification in computer evidence
processing. McCartney has performed and assisted at hundreds of computer-related search
warrant executions for the NYSAG and many other law enforcement agencies, including
NYSDEC. McCartney has also trained law enforcement officers from numerous federal, state
and local agencies in conducting high technology criminal investigations, investigations into
computer crime and related forensic matters.
46. McCartney advised that we may be required to seize most or all of the
components of any computer system to be searched later by a qualified computer expert in a
laboratory or other controlled environment for the reasons set forth below.
47. In the first instance, trained computer forensic investigators will determine if any
component of the computer system present at the location can be duplicated through the creation
of a duplicate original forensic images. If so, such an image of the computer component and/or
29
electronic data will be created on-site, and the duplicate original forensic image data seized and
removed for subsequent analysis, leaving the original computer component behind. In the event
that a specialist working on our behalf determines that it is impracticable to create a duplicate
original forensic image on-site, the computer system, or part thereof, will be removed to a
laboratory setting for imaging, and the computer components will be returned as soon as
practicable.
48. For purposes of this affidavit, unless otherwise specifically indicated, the term
“computer” refers to the box that houses the central processing unit, along with any internal
storage devices (such as internal hard drives), and internal communications devices (such as
internal modems capable of sending/receiving electronic mail or FAX cards), along with any
other hardware stored or housed internally. Thus, “computer” refers to hardware, software, and
data contained in the main unit. When the computer and all peripherals are referred to as one
package, the term “computer system” is used.
49. The term “computer hardware”, as used in this affidavit, refers to all equipment
which can collect, analyze, create, display, convert, store, conceal, or transmit electronic,
magnetic, optical, or similar computer impulses or data. Hardware includes any data-processing
devices (such as central processing units, memory typewriters, and self-contained “laptop” or
“notebook” computers), internal storage devices, transistor-like binary devices, and other
memory storage devices, and related communications devices ( modems, cables and connections,
recording equipment, RAM or ROM units, acoustic couplers, automatic dialers, speed dialers,
programmable telephone dialing or signaling devices, and electronic tone-generating devices), as
well as any devices, mechanisms, or parts that can be used to restrict access to computer
30
hardware (such as physical keys and locks).
50. The term “computer peripherals”, as used in this affidavit, refers to all external
components, such as external hard drives, external modems (attached by cable to the main unit),
floppy discs, Compact Disks (“CDs”), thumb drives, and attached input/output devices (such as
keyboards, printers, scanners, plotters, video display monitors, and optical readers).
51. The term “computer software,” as used in this affidavit, refers to digital
information, which can be interpreted by a computer and any of its related components to direct
the way they work. Software is stored in electronic, magnetic, optical, or other digital form. It
commonly includes programs to run operating systems, applications (such as word-processing,
graphics, or spreadsheet programs), utilities, compilers, interpreters, and communications
programs. Computer software is generally sold by a manufacturer in the form of digital data
contained on various computer media, such as 3½ inch floppy diskettes, CDs, and may also be
found installed on the computer hardware.
52. Computer hardware is used to save original digital information, or data, and/or
digital copies of files and communications. Computer peripherals, such as external storage
devices and printers (used to make paper print-outs), store data. Software programs loaded on
the computer hardware are the means by which the computer can send, print, and save such
activity. Finally, password and security devices are often used to restrict access to, or hide
computer software, documentation, or data. Each of these components of the computer system is
integrated into the entire operation of a computer. In order to best evaluate the evidence, the
entire computer system, and all of the related computer components and equipment described
below, should be available to a computer investigator or analyst to complete a safe and proper
9
I was informed by McCartney that a computer's hard-drive stores information in a series of “clusters” each of whichcontain a limited number of electronic bytes. The hard-drive contains millions of such clusters and the computer jumpsrandomly among the clusters when storing a particular file. Thus, a portion of a memo could be at cluster 103 while thenext portion of the memo could be stored at cluster 2057. When retrieving the memo, the computer knows where to findthe next appropriate cluster because of information supplied from a file table in the systems area of the hard drive. If thememo had been “deleted”, the only thing initially removed is the “pointer” information from the file table. The clusterscontaining the data are not erased (or covered over) until a new file is “saved” to the same clusters. Because the computerrandomly looks for available clusters in which to store the new file data it may or may not select the “old memo” clustersto store the new data. Until the clusters are covered with new data the old memo remains.
31
forensic review and data analysis.
53. In addition to the need to have all of the components available when a search of
the computer data is undertaken, the search itself is often a time consuming process. Unlike the
search of paper files found in desks, cabinets, and boxes, computers store data in files that cannot
always be easily reviewed. For example, software and individual files can be password
protected; files may be secluded in hidden directories; files can be mislabeled or be labeled with
names which are misleading; similarly, files which contain innocent appearing names such as,
“Smith. ltr”, but that actually contain electronic commands to the computer directing it to self
destruct; files can also be inadvertently deleted, but unlike the destruction of paper documents,
deleted electronic files remain on the storage device until randomly written over by the
computer9. Because of these issues, the investigator or analyst must follow a time-consuming
procedure to review the contents of the computer and the computer-related equipment so as to
insure the integrity of the data and/or evidence. Even if a deleted file has been overwritten and
no fragment remains, applications, which provide access to the Internet and also the operating
systems, may maintain records (or logs) of activity on the Internet for an indefinite period of
time. Such logs are located in directories not usually used or accessed by computer users. A
single computer and its related components may take many days or several weeks to properly
analyze.
32
54. Accordingly, unless circumstances allow the investigators to safely create
duplicate images of the data contained within computers on-site, it may be necessary to seize the
computers and computer related equipment and remove these to a forensically-secure location in
order to properly conduct a thorough search of their contents. This will greatly diminish the
intrusion of law enforcement into the premises, and will ensure that investigators can search for
evidence without the risk of losing, destroying, or overlooking the information for which there
has been authorization to search.
55. Therefore, it is respectfully requested that the warrant sought by this application
authorize the search and seizure for all computer systems, including computer hardware,
computer software, and peripherals by whichever methods are practicable.
THE LOCATIONS
1) #9 ROUTE 82, FISHKILL, NEW YORK 12524
(Justin Munsterman residence)
56. During the course of this investigation, Thomas monitored popular reptile Internet
web sites. On October 18, 2007, while checking the classified posts on Kingsnake.com, Thomas
saw a post stating: “I have one Northern Red Salamander available. It looks to be a female but
not positive. Around 5" long. It is in perfect health and is feeding on small worms.” The
contact for the post was listed as “Justin” and the post indicated he was from Pennsylvania.
Thomas also noted a second post that day from Justin selling a pair of Chinese copperheads, a
species of venomous pit viper. The second post listed a phone contact for Justin, (845) 625-
4710. An Internet search on Google.com, conducted by Thomas, revealed that area code “845”
was in the lower Hudson Valley area of New York State.
33
57. Thomas sent an email to Justin using the response service on Kingsnake.com and
on October 19, 2007, Thomas received an email from
JustinMunsterman<exoticviper@yahoo.com> stating:
“RichardI only have the one Northern Red Salamander... that is not a photo of the actualone i have posted. The actual one i have is even nicer. I didnt have time lastnight to take any photos before i posted it. I do have more animals that you maywant to photo. I have some really nice spotted turtles and some really high coloreastern box turtles that i just got in today from a guy in S.C., some real beauties! I dont live to far from the white plains show, in fact i think i have met you therebefore. I'm located in Dutchess County, N.Y., its about 45 min north of WhitePlains. If you wanted to come up for a day i could probably provide you with afeild day of animals to photo. Between mine and a freind of mines colloectionyou wouldnt be able to shoot everything in one day! We are big time into rare andhighly sought after snakes. I will be at the Hamburg show tommorow. I will giveyou my cell # so you can contact me... it is (845)625-4710Thanks, Justin”
58. October 27, 2007, Munsterman spoke with Thomas and provided directions to his
house, stating he lived at #9, Route 82, in Fishkill (New York) and that his driveway was directly
at the intersections of Routes 52 and 82.
59. On October 28, 2007, Thomas traveled to the Munsterman residence, where he
met Justin’s father and step-mother (Mary). Outside the residence, Munsterman showed Thomas
a northern red salamander that he brought out of the residence. Munsterman also showed
Thomas three spotted turtles, three box turtles, and two northern copperheads (a venomous
snake), all native to New York State, inside a barn-like building located at the residence.
Munsterman told Thomas that he received the spotted turtles from a friend who gave him a total
of eleven. Munsterman stated he purchased two of the box turtles online from a person in South
Carolina and received them six days ago. Munsterman stated the third box turtle was found in
Newburgh. Munsterman told Thomas that his friend, “Darren”, gave him one of the copperheads
34
and the other belonged to Darren. Munsterman also told Thomas that Darren had additional
salamanders at his house. Munsterman told Thomas that one of the two copperheads came from
Mohonk, New York and the other from near his house in Fishkill. Munsterman also told
Thomas that a copperhead that bit him was now at Darren’s house and that both he and Darren
had caught several copperheads and bred them to return the babies to the wild.
60. Munsterman told Thomas during the October 28, 2007 meeting that he had exotic
venomous snakes, but he did not keep them at his house anymore because his parents
disapproved after he was bitten by a copperhead. Munsterman claimed that he had a permit for
venomous snakes. Munsterman showed Thomas a photo album, telling Thomas the pictures
were of snakes he owns, but kept at his friend Darren’s house. The pictures of snakes
Munsterman claimed he owns included: southern hognose snakes, gaboon viper, Sri Lankan
palm pit viper, sidewinders, eyelash vipers, sombaro horned bush viper, african bush viper, death
adder, tehran vipers, and a southern copperhead.
61. Munsterman retrieved a camcorder from his residence and showed Thomas a
home video he made of his body’s reaction to the copperhead bite he receive in the spring. In
the video, Munsterman narrated several segments taken over a 24-48 hour period that show
severe swelling in his hand and arm. Munsterman also showed Thomas a video of a timber
rattlesnake taken at the same friend’s house that gave him the eleven spotted turtles collected
from the wild. Munsterman also told Thomas the friend kept the timber rattlesnake for several
weeks.
62. Munsterman offered to sell the red salamander to Thomas for $50. Thomas
advised Munsterman that the sale of a red salamander was illegal and explained the legal
35
protection given in New York to reptiles and amphibians, including the red salamander.
Following this discussion, Munsterman still wanted to sell the salamander. Thomas paid
Munsterman $50 and received the red salamander. Munsterman and Thomas discussed the New
York State laws regulating reptiles and amphibians, including salamanders, snakes and turtles,
and Munsterman suggested he intended to continue collecting illegal wildlife, including the
endangered bog turtle.
63. Thomas then accompanied Munsterman on a field herping trip. While together in
the woods, Munsterman made a reference to a large black timber rattlesnake his friend Darren
had caught last spring. Munsterman said it was difficult to videotape the timber rattlesnake
because it was so active. Munsterman also stated that Darren caught the box turtle Munsterman
possessed from Orange County, near Newburgh, and that Darren also was the one who had
caught the red salamander. Munsterman told Thomas that he (Munsterman) had had 40-50
venomous snakes at his house before his parents found out.
64. On November 14, 2007, Thomas sent Munsterman an email telling him that a
friend had some wood turtles for sale. In a November 18, 2007 response email, Munsterman
stated he was interested in the wood turtles and would like to hear from Thomas’ friend.
Munsterman further stated he would like to get the turtles soon so he could put them in
hibernation with the rest of his turtles. Thomas provided Munsterman with my undercover name
and phone number.
65. On November 21, 2007, I opened a voice mail from Munsterman that had been
left on November 20, 2007. The call was from phone number (845) 625-4710. I called and
spoke to Munsterman on November 21, 2007. Munsterman told me that he was interested in the
wood and spotted turtles that I was selling. Munsterman told me that he wanted to build up his
36
collection and he was also interested in the blandings turtles, a species native to New York that
had been mentioned in our emails. During the conversation, Munsterman emphasized he wanted
a group of native turtles, especially the less common and really rare ones. He stated the DEC
regulations are “ridiculous.”
66. On November 22, 2007, I called Munsterman and during that conversation
Munsterman stated he was very interested in everything I was selling. Munsterman told me that
I was taking a big risk selling wood and spotted turtles in New York. Munsterman indicated that
bog turtles are protected federally and “you can get jail time for them.” However, Munsterman
told me that he was looking to get a pair of bog turtles as well and that no one would ever know.
Munsterman told me that he was going to try to collect bog turtles in the spring and advised me
to avoid the ones with transmitters on them.
67. On the same day, Munsterman also told me that he was really “into” pit vipers,
especially the rare species. Munsterman told me he had some high-end venomous snakes
including a banded water cobra, a pair of Chinese red spotted pit vipers, a Sumatran wagler
viper, and some rare species from Thailand. Munsterman told Sullivan he collected copperheads
in the spring from Mohonk Preserve near New Paltz, New York, and he and a friend possess a
group taken from that location. Munsterman also told me that he had sold spotted turtles for
$200 a pair.
68. On January 5, 2008, Thomas and I attended the New York Metro Reptile Show at
the Westchester County Center in White Plains, New York. At this show Munsterman
approached Thomas and told him that he and a friend had a clutch of northern copperhead
juveniles. Munsterman told Thomas that he and his friend had collected copperheads from the
wild and they had kept six adults. Thomas asked Munsterman if he had any of the snakes and he
37
replied that he has three adults and his friend Darren has the other three. Munsterman told
Thomas that he sold northern copperheads at the Hamburg Reptile Show in Pennsylvania,
although it is illegal. Munsterman also told Thomas that he has a lot of eyelash vipers (which
are venomous).
69. I also met with Munsterman at the show in White Plains and told Munsterman
that I had a friend who was interested in copperheads. Munsterman told me that he would sell
him some copperheads. Munsterman indicated that he would sell three for $100 and he would
contact his friend Darren, to see if he was interested in selling his. Munsterman met with
Thomas and me later in the show and indicated that his friend Darren was willing to sell his three
adult northern copperheads for $100 and juvenile northern copperheads for $15 each.
Munsterman asked me if my friend was interested in buying any exotic venomous snakes.
Munsterman also told Thomas and me that his friend Darren had a very significant collection of
exotic venomous snakes at his home. I paid Munsterman $230 in cash for the snakes, and
arranged to meet and pick up the snakes at Darren’s house on January 6, 2008.
70. On January 6, 2008, the second day of the White Plains show, I received a phone
call from Munsterman during which Munsterman stated he would bring the copperheads to the
show because his friend Darren did not want strangers in his house. Later that day, Munsterman
approached Thomas and me at the show. Munsterman was accompanied by another white male,
later identified as his friend Darren. Thomas and I met Munsterman and Darren in the parking
lot across the street from the Westchester County Center. Munsterman was driving a red Saturn
car, New York registration CDT-7749. Darren was a passenger. Munsterman removed six adult
northern copperheads and one juvenile northern copperhead from the back of his vehicle and
gave them to me. Munsterman also gave me an aquarium, stating there were about 15
38
salamanders in it that he (Darren) was offering instead of the eighth copperhead. Munsterman
indicated the second juvenile copperhead was sick and Darren was not selling it. Darren told
Thomas and me that some of the salamanders in the tank included a two-line salamander and a
red-backed salamander. Darren stated he had been keeping the salamanders cool in a small room
he had off his snake room. Darren also told Thomas he bred arboreal vipers from Asia and he
collected wood frogs to feed his vipers.
71. On January 9, 2008, I met with NYSDEC Herpetologist Alvin Breisch. Breisch
removed ten live salamanders from the tank Munsterman had given me. Breisch identified the
salamanders as: one slimy salamander, four two-lined salamanders, three redback salamanders
and two dusky salamanders, all native New York species and protected by law. Breisch also
examined and confirmed the identity of the seven northern copperheads, a native species
similarly protected.
72. O
n February 22, 2008, at the Hamburg, Pennsylvania, Reptile Show, Munsterman asked Thomas if
he could store his cooler under Thomas’ table. Munsterman removed a small snake in a clear
container from his cooler and told Thomas it was a Sri-Lankan viper. Munsterman told Thomas
he had more outstanding ones at home and that his two males wouldn’t live well together so he
was selling one because he couldn’t keep them together anymore. Munsterman told Thomas the
39
pictures he sent Thomas were pictures of baby vipers, and that he had three spotted turtles and
two box turtles at home.
73. On March 21, 2008, Thomas received an email from Munsterman which included
the following photograph:
74. On March 22, 2008, Thomas received an email
from Munsterman indicating that “the blue snake is my adult
female Sri Lankan Palm Pit Viper.”
75. On March 29, 2008, at the reptile show in Hamburg, Munsterman told Thomas that
he had a pair of box turtles to sell for $100. Munsterman told Thomas that one of the two was the
turtle collected from the wild in Orange County, New York. Thomas purchased the two turtles
for $100.
76. On April 10, 2008, Thomas received an email from Munsterman stating that he
found two adult male North American wood turtles this morning, one of which was “absolutly
flawless and super orange.”
77. On April 14, 2008, Thomas called Munsterman and told Thomas that he had found
a third wood turtle the day before. Munsterman told Thomas he was collecting the wood turtles
on private property in the Poughkeepsie area. Munsterman stated he hoped to find two females in
the same place so that he would have a good group of captive wood turtles.
40
78. On April 24, 2008, Thomas again spoke with Munsterman and Munsterman stated
he had been out regularly looking for turtles but had been unable to find any female wood turtles.
Munsterman offered Thomas an adult male wood turtle that he was looking to trade for a younger
wood turtle. Munsterman also said he had collected about ten painted turtles (a protected native
species) and ten mud turtles from the wild during the preceding weekend. Munsterman indicated
the mud turtles were stinkpots (common musk turtle, also a protected native species).
Munsterman also told Thomas he was looking on Brown Road for bog turtles (an endangered
species).
79. On April 26, 2008, Thomas and I attended the reptile show in Hamburg,
Pennsylvania. During the show, Munsterman showed me the adult male wood turtle he had
brought to the show after arranging the trade with Thomas for a small wood turtle. I completed
the trade with Munsterman. Munsterman told me that he had collected the turtle from a stream in
New York. Munsterman also told me that he had a large number of painted turtles and stinkpots
at home. I also observed Munsterman showing a dealer at the show a green viper. Munsterman
later told me the snake was a venomous waglers viper that he had brought from home.
80. At the Hamburg Reptile Show on June 14, 2008, Munsterman showed me four
snakes he described as bush vipers that he was taking home to his residence in New York.
Munsterman showed me one of the snakes in a book and identified it as a bush viper.
81. On August 2, 2008, Thomas and I attended the Hamburg Reptile Show and met
with Munsterman. Munsterman sold me a northern copperhead for $100 that he claimed was
gravid (carrying young). Munsterman told Thomas it was one of four gravid females collected
from the wild by his friend at Faunstock State Park in New York. Munsterman claimed that his
friend “Mark,” a lifeguard working at the park, collected them and gave them to Munsterman.
41
Munsterman also told me that he has a gravid female copperhead at home.
82. On August 13, 2008, Thomas received an email from Munsterman with attached
photos of two timber rattlesnakes, and two pictures of adult northern copperheads.
83. On September 7, 2008, Thomas and I attended the reptile show in White Plains,
New York. Munsterman told Thomas that his wood turtles, including the highly colored male,
were doing well. Munsterman also told Thomas he had four female northern copperheads at his
home, that three of them had had babies and that the fourth was ready to give birth. Munsterman
then told Thomas he had in his car two juvenile timber rattlesnakes. He told Thomas they came
from a female timber rattlesnake, about 36 inches long, that he and Paolini collected from
Harriman State Park. Munsterman stated that the adult timber rattlesnake was at Darren’s house
and that it had given birth to twelve babies. Munsterman stated there were seven babies and one
adult at Darren’s house. Munsterman offered to sell the two juvenile timber rattlesnakes. I gave
Munsterman $170 to pay for the snakes.
84. On October 1, 2008, Munsterman told Thomas over the telephone that the
remaining baby timber rattlesnakes from the snake he had collected had been sold at a herp show
in Europe by “Glades Herps.” Munsterman stated Glades Herps takes snakes to Germany and
that they get “big money” for them over there. Munsterman also told Thomas that Europeans “go
nuts” for copperheads and anything North American. Based on Thomas’s experience and training,
I am aware that Glades Herp Farm is an importer/exporter of reptiles and amphibians based in
Florida, has an active website on the Internet and is a vendor at the large herp shows Thomas and
I have attended.
85. Munsterman and Thomas spoke again by phone on October 2, 2008. Munsterman
told Thomas that he was using the credit he received from his share of the sale of the timber
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rattlesnakes in Europe to square up a deal with another friend involving tree vipers. Munsterman
told Thomas that he (Munsterman) has snakes from Africa, Indonesia, Sumatra, and China in his
personal collection. Munsterman also stated that a lot of the snakes were wild-caught and that he
has his collection at his house. Munsterman also told Thomas during this conversation that he
had gotten rid of all his turtles, selling for $400 a brightly colored wood turtle he had collected.
86. On October 18, 2008, Thomas and I attended the Hamburg Reptile Show. At the
show, Munsterman told Thomas and I that he had brought twenty baby northern copperheads with
him to the show and so far he had sold twelve. Munsterman told us that he had six northern
copperheads at home that he was keeping for himself and that he had also brought two adult
northern copperheads that he offered to give to Thomas. Munsterman told us that one of the
reasons he wanted to get rid of the adults was because his stepmother recognizes adult
copperheads after Munsterman was bitten last year. Munsterman told us that he had his
venomous snakes in his bedroom and that his parents do not recognize them, including the vipers,
as venomous. Munsterman then gave me two adult northern copperheads and told me he had
collected one himself from Harriman State Park and that his friend who worked as a lifeguard at
Faunstock State Park had collected the other. Munsterman also told Thomas that he had pictures
of a bright orange wood turtle he had taken from the wild and sold to a person for $400.
87. On November 17, 2008, Thomas called Munsterman and Munsterman told Thomas
he had six copperheads at his residence and that his parents probably knew he had them there.
Munsterman then told Thomas that his friend “Doug” just had six baby african bush vipers and 25
baby eyelash vipers born within two days of each other. Munsterman said that he had purchased
two of the eyelash vipers from Doug the day before for $125 each. Munsterman told Thomas that
he recently took some pictures of some of his vipers and that he would email them to Thomas.
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Munsterman also told Thomas a person he had met through the Internet on Kingsnake.com had
purchased Munsterman’s wood turtle for $400.
Evidence to be Seized at #9 Route 82, Fishkill, New York 12524
88. During the investigation of Munsterman, it became evident that he, acting
individually and in concert with others, was illegally collecting and removing numerous protected
turtles, snakes, and salamanders from the wild in New York and that he was actively buying,
selling and trading those animals illegally via the Internet and at reptile and amphibian shows in
and outside of New York State. It was further evident that Munsterman at all times during the
investigation was housing part or all of his collection of illegal native reptiles and amphibians at
his residence at #9 Route 82, Fishkill, New York. In addition, as outlined below, it is also
reasonable to believe that Munsterman currently has in his possession a significant number of
venomous snakes, both native and exotic, at his residence at #9 Route 82, Fishkill, New York.
89. Thomas visited Munsterman at his residence and viewed illegal live native wildlife
including spotted turtles, box turtles, and northern copperheads kept there. Thomas has also
viewed a photo album of Munsterman’s snake collection while at the residence, as well as a
videotape showing Munsterman’s physical reaction to a copperhead bite and a timber rattlesnake
collected by an associate.
90. Thomas has had numerous personal, telephonic and email conversations with
Munsterman during which Munsterman stated that he possessed at his residence illegal reptiles
and amphibians, including spotted turtles, box turtles, wood turtles, northern copperheads, and
several species of exotic venomous snakes. Munsterman has used the Internet to sell his animals
and communicate with interested parties and, in some of the email correspondence, he has
44
included images of illegal wildlife or exotic venomous snakes.
91. This investigation indicates that Munsterman illegally collects, buys, sells and
trades, protected reptiles and amphibians. The investigation also indicates Munsterman possesses
a significant number of exotic venomous snakes. Munsterman also documents his illegal field
collecting activities, and his illegal collection of venomous snakes at his residence, using both
still photographs and video recordings. Based upon my experience and that of Thomas, as well as
our observations during the Munsterman investigation, it is believed that captive illegal reptiles
and amphibians and parts of illegal reptiles and amphibians, illegal exotic venomous snakes, as
well as photographs, photographic albums, and videotapes of illegal reptiles and amphibians,
telephone records, checking, savings, and credit card records with financial institutions, bank
records, billing and accounts receivable statements, shipping records, shipping labels, labeled
shipping containers, correspondence and communications with other buyers and sellers and their
representatives, calendars, appointment books, telephone books, inventory, feeding schedules,
breeding and trading logs relating to the ordering, shipping, and receiving of illegal reptiles and
amphibians, and that such records may be in paper or digital/electronic form.
92. Thomas has obtained and reviewed business records maintained by Yahoo, dated
November 17, 2008, that show that the subscriber using the screen name exoticviper@yahoo.com
is Justin Munsterman and that, as of November 4, 2008, the account was active.
93. Thomas has obtained and reviewed New York State Department of Motor Vehicle
records dated October 30, 2008, showing Justin M. Munsterman, date of birth February 5, 1986,
living at 9 Route 82, Fishkill, New York 12524, has a valid NYS drivers license that expires on
February 5, 2015.
94. Thomas is familiar with the Munsterman residence from his visit in 2007, and was
45
advised by NYSDEC BECI Investigator C.J. Harcher that on December 1, 2008, Harcher
determined that # 9 Route 82, Fishkill, New York 12524 is a single family dwelling with cedar
shake shingles with white trim; there are two entrances from the front and there is a driveway, on
the left hand (west) side of the home looking from Route 82, that leads to a two bay garage built
into the structure’s first floor. A large storage type shed is located northwest of the residence and
a black mailbox at the entrance to the driveway contains the location “9 82."
95. Therefore, the annexed proposed warrant for the residence located at #9 Route 82,
Fishkill, New York 12524, seeks the following: illegally possessed reptiles and amphibians
(dead or alive in any life form), as well as photographs, photographic albums, and
videotapes of illegal reptiles and amphibians, telephone records, checking, savings, and
credit card records with financial institutions, bank records, billing and accounts receivable
statements, shipping records, shipping labels, labeled shipping containers, correspondence
and communications with other buyers and sellers and their representatives, calendars,
appointment books, telephone books, inventory, feeding schedules, breeding and trading
logs relating to the ordering, shipping, and receiving of illegal reptiles and amphibians, and
that such records may be in paper or digital/electronic form.
2) 82 MAPLE STREET, NEWBURGH, NEW YORK 12550
(Darren Paolini residence)
96. During the course of this investigation, Thomas made a covert contact with a
Justin Munsterman. On October 28, 2007, while meeting Munsterman at his residence, Thomas
became aware of a friend of Munsterman’s named “Darren” who lived, according to Munsterman,
in Newburgh, New York. Munsterman sold Thomas a salamander and claimed that Darren had
collected the salamander from the wild. Munsterman also showed Thomas, among other illegal
46
wildlife, two northern copperheads, one of which Munsterman said belonged to Darren.
Munsterman also stated that Darren has other salamanders at his house.
97. On October 28, 2007, Munsterman showed Thomas three spotted turtles, three box
turtles, and two northern copperheads (a venomous snake), all species native to New York State.
Munsterman told Thomas that one of the box turtles was harvested in Newburgh, New York, and
that his friend, Darren, had given him one of the copperheads. Munsterman also told Thomas
that the copperhead that bit him was at Darren’s house and that he and Darren had caught several
copperheads and bred them to return the babies to the wild.
98. On October 28, 2007, Munsterman told Thomas that his friend Darren works for a
man named Kevin Olbrych who runs Suncoast Reptiles and that he (Munsterman) considers
Olbrych to be a “shady character.” Munsterman stated Darren is a heavy set guy with glasses and
tattoos on his arms, is missing a pointer finger from a venomous snakebite, and that Darren lives
across the Hudson River in Newburgh.
99. Munsterman told Thomas during the October 28, 2007 meeting that he had exotic
venomous snakes, but he did not keep them at his house anymore because his parents disapproved
after he was bitten by a copperhead. Munsterman then showed Thomas a photo album, indicating
the pictures were snakes he owns, but keeps at Darren’s house. The snakes shown included;
southern hognose snakes, gaboon viper, shrelankin palm pit viper, sidewinders, eyelash vipers,
sombaro horned bush viper, african bush viper, death adder, tehran vipers, and a southern
copperhead.
100. On October 28, 2007, Thomas accompanied Munsterman on a field herping trip.
While together in the woods, Munsterman made a reference to a large black timber rattlesnake his
friend Darren had caught last spring. Munsterman also stated that Darren caught a box turtle from
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Orange County, near Newburgh, that Munsterman now possesses. Munsterman stated Darren is
“pretty much strictly venomous snakes.”
101. On January 5, 2008, Thomas and I attended the New York Metro Reptile Show at
the Westchester County Center in White Plains, New York. Munsterman approached Thomas at
the show and told Thomas that he and a friend had a clutch of northern copperhead juveniles. He
told Thomas that he and his friend had collected copperheads from the wild and they had kept six
adults. Thomas asked Munsterman if he had any of the snakes and he replied that he had three
adults and his friend Darren had the other three.
102. At the same show, I told Munsterman that I had a friend interested in copperheads.
Munsterman told me that he would sell him three northern copperheads for $100 and he would
contact his friend Darren, to see if Darren was interested in selling his copperheads. Munsterman
met with Thomas and me later in the show and said that Darren was willing to sell three adult
northern copperheads for $100 and juvenile northern copperheads for $15 each. Munsterman also
told us that Darren had a very significant collection of exotic venomous snakes at his home. I
paid Munsterman $230 for the snakes and made arrangements to meet and pick up the snakes at
Darren’s house on January 6, 2008. Munsterman told us (speaking about Darren’s snakes) “Like
I say, wait until you see his collection. If your not into exotic venomous reptiles then you might
not be...(inaudible)...but it’s a huge collection.”
103. On January 6, 2008, while attending the second day of the show in White Plains,
Munsterman called me and stated that he would bring the copperheads to the show because his
friend Darren did not want strangers in his house. Later that day, Munsterman introduced
Thomas and me to his friend Darren. We met Munsterman and Darren in a parking lot and
Munsterman gave me six adult northern copperheads and one juvenile northern copperhead, as
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well as an aquarium, stating there were salamanders in it that he (Darren) was offering instead of
a juvenile copperhead. Darren told us that there were about 15 salamanders in the aquarium
including a two-line salamander and a red-backed salamander. Darren stated he had been keeping
the salamanders cool in a small room he has off his snake room. He stated they (the salamanders)
were “for the one copperhead that I left home.” Darren also told Thomas he breeds arboreal
vipers from Asia and that he collects wood frogs to feed his vipers.
104. On January 9, 2008, I met with NYSDEC Herpetologist Alvin Breisch and Breisch
identified the salamanders as: one slimy salamander, four two-lined salamanders, three redback
salamanders and two dusky salamanders, all native New York species protected by law from
illegal collecting. Breisch also examined and confirmed the identity of the seven northern
copperheads, a native species similarly protected.
105. On February 23, 2008, at the reptile show in Hamburg PA, Darren told me that he
had recently picked up a pair of death adders and that he (Darren) breeds “everything.” Darren
told me that in 2007 he had two clutches of African bush vipers, eyelash vipers, and northern
copperheads, among others, and that he currently had four or five snakes that are gravid (carrying
young). Darren told me that he had just re-done his basement and “everything’s down there and
now I’m really getting back into breeding heavy again.”
106. At the reptile show in Hamburg Pennsylvania on March 29, 2008, Darren showed
Thomas seven spotted salamanders and a common snapping turtle that he kept under the table
because he knew that they were illegal. Thomas purchased the spotted salamanders from Darren
for $20. Darren told Thomas he had sold an eyelash viper and showed Thomas snakes he was
offering for sale, identifying them as “trimeresurus macrops”, a large-eyed green pit viper from
Thailand. Darren told Thomas he has three gravid females in his house.
49
107. In an email to Thomas dated April 9, 2008, Munsterman wrote, “Darren’s Email is
D_Paolini@hotmail.com.”
108. Thomas was advised by USFWS Agent Cottrell that on April 26, 2008, while
attending the reptile show in Hamburg Pennsylvania, Cottrell observed Paolini enter and operate
a motor vehicle with New York license plate CDT5322. On April 28, 2008, Cottrell advised
Thomas and me that the vehicle was registered to “Darin Paolini, 82 Maple Street, Newburgh,
New York 12550.” USFWS provided Thomas with an Accurint Law Enforcement Report,
created on April 28, 2008, that identified Paolini as Darren C. Paolini, date of birth March 3,
1965. The report further indicated Paolini’s current address as 82 Maple Street, Newburgh, New
York 12550-4035.
109. On June 14, 2008, at the reptile show in Hamburg PA, Paolini told Thomas and me
that he caught a five-foot timber rattlesnake at a den site near his buddy Matt’s house in
Saugerties. He also told us that he was recently bitten twice by a waglers viper and that he
experienced a little swelling and pain for a couple hours. Paolini told us: “Waglers are very
mild. I take liberty with those. There’s other snakes at my house I’m very careful with.” Paolini
then told us that he had a species of Chinese viper at home that was highly venomous and that the
juveniles were more toxic than the adults. Paolini told us that “they call them one hundred
pacers. If you get bit you die in a hundred paces.” Paolini stated he had about 100 snakes and a
few of the species were very toxic. Paolini told us that he used to have his snakes upstairs, but he
took money from his retirement account and re-did his basement and now all his snakes were
down there.
110. On August 2, 2008, while at the Hamburg Reptile Show, Paolini told Thomas that
he goes herping in Harriman State Park (Rockland County, New York) where he found timber
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rattlesnakes, a rat snake, and a large hognose snake.
111. On September 7, 2008, Thomas and I attended the reptile show in White Plains,
New York. Munsterman approached Thomas and told Thomas that he had two baby timber
rattlesnakes in his car. He told Thomas they came from a female timber rattlesnake, about 36
inches long, that he and Paolini collected from Harriman State Park. Munsterman stated the adult
timber was at Paolini’s house and had given birth to twelve babies and there were still seven
babies and the adult at Paolini’s house. Munsterman offered to sell the two juvenile timber
rattlesnakes to Thomas and I gave Munsterman $170 to pay for the snakes.
112. On September 7, 2008, Munsterman told Thomas that Paolini was in Pennsylvania
trying to sell seven baby timber rattlesnakes to a representative of Glades Herps who operates the
Glades Herps booth at the Hamburg show.
113. On October 18, 2008, while attending the reptile show in Hamburg, Munsterman
told Thomas and me about the large snakes Paolini possesses, including a rare sumatran viper,
mangshan pit viper, and a lot of European vipers, all of which Paolini keeps at his house.
Munsterman told Thomas and me that Paolini had converted his entire basement into a snake
room where every wall was lined with cages and the humidity was closely monitored.
114. At the same show, Paolini told Thomas that his (Paolini’s) phone number is “(845)
787-5249” and told Thomas to give him a call anytime. Paolini told Thomas that Thomas would
be impressed with the snakes he owns, including a mangshan viper, and a huge green and black
banded sumatran viper, for which he has been trying to find a mate for five years. Paolini told
Thomas that he currently possesses about 60 adult snakes, and a lot of babies.
115. At the same show, I observed Paolini at the Glades Herps table offering to sell
northern copperheads. Paolini told me that “I’m telling everybody they’re southerns, but they’re
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northerns.” He also told me that he took the copperheads from two locations in Harriman State
Park.
116. On October 30, 2008, Thomas called Paolini at (845) 787-5249 and spoke with a
female who identified herself as “Jamie.” Jamie told Thomas that Paolini had a lot of “critters” in
the basement and that Paolini was in the city at that time getting more. Jamie stated she and the
two children that live with Paolini moved out for a year until Paolini finished off the basement
and made it secure so snakes can’t escape. Jamie told Thomas that all the animals in the
basement were venomous. She said he had some really nice snakes and that his cages are set up
with leaves and logs. Jamie told Thomas that Paolini had a pair of timber rattlesnakes downstairs
and that the tails “make too much damn noise.” Jamie also told Thomas that a lot of Paolini’s
snakes were from the Middle East or Africa, and he had had 15-20 snakes breed for him this year.
Jamie said Paolini had a room downstairs set up with three different temperatures. She said
Paolini was bitten once by a venomous snake and lost his finger. Jamie also told Thomas that
Munsterman still lived at home with his parents and his parents don’t know he had venomous
snakes in the house.
Evidence to be Seized at 82 Maple Street, Newburgh, New York 12550
117. During the investigation of Paolini, it became evident that Paolini, acting
individually and in concert with others, was illegally collecting and removing protected turtles,
snakes, and salamanders from the wild in New York and was actively buying, selling and trading
those animals illegally at reptile and amphibian shows in and outside of New York State. It was
further evident that Paolini at all times during the investigation was housing part or all of his
collection of illegal native reptiles and amphibians at his residence at 82 Maple Street, Newburgh,
New York. In addition, it is also reasonable to believe that Paolini currently has in his possession
52
a significant number of venomous snakes, both native and exotic, at his residence at 82 Maple
Street, Newburgh, New York.
118. Thomas and I have had conversations with Paolini in which Paolini has referenced
his residence as the place he was in possession of illegal reptiles and amphibians, and several
species of exotic venomous snakes.
119. This investigation indicates that Paolini illegally collects, buys, sells and trades,
protected native wildlife. Based upon my and Thomas’ experience and the observations we made
during the investigation of Paolini, it is believed that Paolini’s collecting and commercial activity
would generate photographs, photographic albums, and videotapes of illegal reptiles and
amphibians, telephone records, checking, savings, and credit card records with financial
institutions, bank records, billing and accounts receivable statements, shipping records, shipping
labels, labeled shipping containers, correspondence and communications with other buyers and
sellers and their representatives, calendars, appointment books, telephone books, inventory,
feeding schedules, breeding and trading logs relating to the ordering, shipping, and receiving of
illegal reptiles and amphibians, and that such records may be in paper or digital/electronic form.
120. On November 20, 2008, Thomas conducted a reverse telephone directory look up
on the Internet for (845) 787-5249 and determined that the subscriber was Darren Paolini, 82
Maple Street, Newburgh, New York.
121. Thomas has obtained and reviewed business records, dated November 23, 2008,
maintained by MSN-Hotmail showing that subscriber using the account name
d_paolini@hotmail.com is Darren Paolini and that, as of November 13, 2008, the account was
active.
122. Sullivan has reviewed property records, obtained on the Internet November 6,
53
2008, for 82 Maple Street, Newburgh, New York 12550, showing the owner as Barbara Paolini.
123. Sullivan has obtained and reviewed New York State Department of Motor Vehicle
records dated November 6, 2008, showing Darren C. Paolini, date of birth March 18, 1965, living
at 82 Maple Street, Newburgh, New York 12550, has a suspended class D New York State
drivers license which expires on March 18, 2013.
124. Sullivan was advised by NYSDEC BECI Investigator C.J. Harcher that on
November 7, 2008 Harcher determined that 82 Maple Street, Newburgh, New York 12550 is a
single family dwelling, gold in color with mint green trim; the entrance is from a porch located on
the Maple Street side and the house number “82" is displayed to the right of the front door.
125. Therefore, the annexed proposed warrant for the residence located at 82 Maple
Street, Newburgh, New York 12550, seeks the following: illegally possessed reptiles and
amphibians (dead or alive in any life form), photographs, photographic albums, and
videotapes of illegal reptiles and amphibians, telephone records, checking, savings, and
credit card records with financial institutions, bank records, billing and accounts receivable
statements, shipping records, shipping labels, labeled shipping containers, correspondence
and communications with other buyers and sellers and their representatives, calendars,
appointment books, telephone books, inventory, feeding schedules, breeding and trading
logs relating to the ordering, shipping, and receiving of illegal reptiles and amphibians, and
that such records may be in paper or digital/electronic form
3) 41 GARDEN STREET, STATEN ISLAND, NEW YORK 10314
(Ronald C. Peteroy residence)
126. On May 24, 2007, I received an email from Rob Croll (“Croll”), a Waterways
Conservation Officer with the Pennsylvania Fish and Boat Commission (“PFBC”) advising that
54
he had seen an Internet posting advertising two venomous reptiles for sale that appeared to
originate in New York State. Croll stated: “Two ads on venomousreptiles.org. The second one
has his phone number. Comes back unlisted out of NYC. Let me know if I can help in any way
with it.”
127. On May 24, 2007, I conducted an Internet search of the links provided by Croll,
noted the New York City area code, called (718) 761-1126, and spoke with Ronald Peteroy who
told me that he also goes by the name “Chris”. Peteroy offered to sell me a copperhead snake and
a rhino viper for $300. I told Peteroy that I was interested in the copperhead because that snake is
native to New York. Peteroy acknowledged that possession of the copperhead snake was illegal
because he did not have a permit from the City of New York. Peteroy told me that he already
sold two rattlesnakes from his collection and that he was selling his venomous collection because
he was expecting a baby in the household shortly. I agreed to send Peteroy a deposit and Peteroy
agreed to hold the snakes for me until I could make arrangements to pick them up at Peteroy’s
residence on Staten Island, New York. That same day, I wrote and sent a $100 check to Peteroy
at 41 Garden Street, Staten Island, New York 10314.
128. On May 31, 2007, Thomas and I traveled to Staten Island and met with Peteroy at
his residence, 41 Garden Street, Staten Island, New York. Peteroy told us that he had been
concerned that we were “fish and wildlife” and expressed relief after he believed we were not. In
the basement of the residence, Peteroy gave us the southern copperhead snake and a rhinoceros
viper and Thomas paid Peteroy the outstanding $200 owed.
129. On June 1, 2007, Peteroy sent Thomas an email inquiring if everything is going
well with the snakes, and on June 23, 2007, Peteroy sent Thomas another email indicating that
Peteroy had acquired a couple more ridgetail monitors (unprotected exotic lizards), filling up the
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empty cages.
130. On March 3, 2008, Thomas and I attended the Long Island Reptile Expo in
Melville, New York, where Peteroy told us that he was starting up a business, called “Chris
Wholesale Reptiles,” that would be involved in the importation of reptiles. Peteroy told us that he
could provide us with a list of turtles he could get and noted his new email address as:
Ampedupreptiles@yahoo.com.
131. On March 15, 2008, Thomas sent Peteroy an email requesting a list of turtles
Peteroy would have for sale, and on the same date, Peteroy sent a responding email listing more
than six dozen species of exotic and native New York turtles, with prices ranging from hundreds
of dollars up to $10,000. The list included common snapping turtles and eastern painted turtles,
both species native to New York and protected by law.
132. On August 15, 2008, Thomas sent Peteroy an email asking for an updated list of
both snakes and turtles that Peteroy was selling and on August 21, 2008, received a response
stating:
“Hello Richard,
I have some incredible turtles you might be interested in. I have 2 salmon alligatorsnappers approx 8" for 400 ea they are gorgeous. I also have 2 amazon red head pondturtles( under 500 in the usa, they are 2000 for the pair they will breed this year. On thehush hush I have yellow head amazon spotted turtles also 2000 for a pair, they will breedin 2 years. The yellow heads are cites one and I got these as cbb but have no paperwork. They are 5-6". There are under 100 in the usa including zoo specimens. I will let youknow whats available to me as soon as I compile a list. My friend from florida who wasbreeding hundreds of turtles got prison time for fly river turtles. The sad thing is hepurchased the adults legally but was selling them without papers. Well I will send you alist asap.
Thanks”
133. On September 5, 2008, Thomas spoke with Peteroy by phone and Peteroy told
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Thomas that he had other people interested in the extremely rare yellow-spotted amazon river
turtles. Peteroy noted that they are “CITES II,” meaning that you are allowed to import them, but
“they just don’t come in.” Peteroy confirmed the genus and species as Podocnemis unifilis.
Peteroy stated he bought them in 2003 or 2004. Peteroy also told Thomas that he had a friend
with whom he shared the turtles and that they were going to open a retail store on Long Island.
Peteroy then told Thomas that the individual who sold him the turtles recently went to jail for
selling fly river turtles across state lines without the papers for them. Peteroy acknowledged that
it is illegal for him to sell the yellow spotted amazon river turtles to Thomas because he does not
have the paperwork for them. Peteroy then told Thomas they were getting rid of the turtles
because the presence of the turtles could result in the shut down of their business. Peteroy told
Thomas he was willing to sell them to Thomas for $2000 because he would be able get some
babies from Thomas.
134. On September 5, 2008, Peteroy also told Thomas that “we have white headed
monitors. White headed monitors are legal in America. But they are illegal because it’s illegal to
import from the Phillippines.” Peteroy said that it was not a CITIES issue, but rather a ban on
imports from the Phillippines. Peteroy told Thomas that his partner, “Jimmy,” has contacts in
Indonesia (Jimmy’s brother) and Africa, and that between the two, he and Jimmy could get hand-
picked reptiles sent to them. Peteroy also told Thomas that another old friend, Qwetzel Dwyer,
owned a Costa Rica National Zoo named Parke Del Retilandia, and that Dwyer had special
permits allowing the taking of animals that were bred for Peteroy’s benefit.
135. On September 5, 2008, Peteroy told Thomas that he and Jimmy have reptiles
scattered all over the place and that a lot of people are holding his breeding stock.
Peteroy also told Thomas he had “some really nice stuff“ available, including Italian fire
57
salamanders. Peteroy stated that some of his offerings came from Florida and that he and his
friend had just purchased an albino timber rattlesnake at the Daytona show. Peteroy also told
Thomas he had two salmon-colored snapping turtles that he was selling for $300 apiece and that
he was working on a website and would like to have Thomas photograph his breeding stock of
monitors and bearded dragons.
136. On September 5, 2008, Peteroy offered to buy baby common snapping turtles from
Thomas for eight to ten dollars. Peteroy told Thomas he gets a lot of nice spotted turtles and
diamondback terrapins and that he knew a guy in New Jersey who breeds spotted turtles from
three different locations. Peteroy also told Thomas that his friend Jimmy lives on Long Island,
where he breeds and possesses 56 box turtles and that Long Island is where they intend to open a
store.
137. Peteroy also told Thomas that they are breeding animals that no one else has,
including Tristis monitors (black headed monitor). When Thomas asked Peteroy if he had “a
house full of these things,” Peteroy responded, “no, I have a building” and told Thomas that he
had built a 16x20 building behind his house. Peteroy told Thomas he had run illegal sewer,
electrical and gas hook ups from his house to the building.
138. On September 7, 2008, outside the reptile show in White Plains, New York,
Thomas and I met Peteroy, and Peteroy sold Thomas two yellow headed amazon river turtles for
$2000. Peteroy acknowledged that the turtles were an endangered species and that he did not
have any paperwork for them but claimed that someone else had been keeping them for him.
Peteroy told us that he had people in Florida from whom he purchases his animals, including his
eastern box turtles.
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139. On September 21, 2008, Thomas spoke with Peteroy on the telephone and Peteroy
described in detail how he cared for the yellow spotted amazon river turtles before he sold them
to Thomas. Peteroy told Thomas he had been speaking with a lady who owned a pair of yellow
spotted amazon river turtles and that he had been trying to buy them from her. Peteroy told
Thomas that he was getting ready to pick up ball pythons in New Jersey and that he could get bog
turtles out of Florida if Thomas could find a source.
140. On November 21, 2008, USFWS Special Agent Randy Cottrell advised Thomas
that, based upon files maintained by the USFWS, the “Jimmy” referred to by Peteroy as his friend
and partner is believed to be James Gorman of D&J Reptiles on Long Island. Agent Cottrell
stated that Jimmy’s brother is Danny Gorman, who is in Indonesia, and is known to ship wildlife
illegally to his brother. Agent Cottrell also indicated that he had investigated the Gormans in
2002, and had charged Danny Gorman with a federal offense in 2002 for engaging in the trade
and possession of specimens contrary to the provisions of the CITES, in violation of the United
State Code. On the same date, Danny Gorman was also charged with illegal importation of
wildlife, taken, possessed, transported or sold in violation of the laws of the Philippine Republic.
Danny Gorman was convicted of misdemeanors and fined.
Evidence to be Seized at 41 Garden Street, Staten Island, New York 10314
141. During the investigation of Peteroy, it became evident that Peteroy, acting alone
and in concert with others, was illegally importing, possessing and/or selling Federally protected
endangered turtles (yellow spotted amazon river turtles), a snake species threatened in New York
State (the albino Timber rattlesnake), and a reptile species indigenous to the Phillippines and
prohibited from exportation out of the Phillippines (white headed monitors). It was further
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evident that Peteroy possessed, at his residence, a venomous southern copperhead and a
venomous rhino viper in violation of the New York State law.
142. During this investigation, it became evident that Peteroy was actively associated
with an individual, Danny Gorman, who has been convicted of illegally importing wildlife from
the Phillippines. Peteroy also told Thomas that “they” currently had white headed monitors, a
species that is illegal to possess under Philippine law. Peteroy also stated that he received his box
turtles (a protected species in New York) from a source in Florida, and that he got a lot of nice
spotted turtles and diamondback terrapins (both protected species in New York).
143. On September 5, 2008, Peteroy told Thomas that he had build a 16x20 building in
his back yard to house all his animals. Peteroy told Thomas that he illegally hooked up utilities to
the building to provide electricity and water.
144. On March 3, 2008, Peteroy told Thomas that he was operating a business
importing and selling reptiles. He stated that the name of his business is “Chris Wholesale
Reptiles.” Peteroy has provided Thomas with a wholesale list of over sixty species of native and
exotic turtles, offered to sell Thomas salmon colored snapping turtles for $300, offered to buy
New York common snapping turtles from Thomas, and sold Thomas two endangered yellow
spotted amazon river turtles for $2000. These are all indications that Peteroy is operating a
business in reptiles, including illegal species.
145. This investigation indicates that Peteroy, acting individually and in concert with
others, illegally collects wildlife protected in New York and actively buys, sells and trades those
animals personally and via the Internet in and outside of New York State. In addition Peteroy
illegally imports, buys, possesses and sells wildlife protected by State, Federal, and International
Law.
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146. Based upon my and Thomas’ experience and the observations we made during the
investigation of Peteroy, it is believed that Peteroy’s collecting and commercial activity would
generate telephone records, checking, savings, and credit card records with financial institutions,
bank records, billing and accounts receivable statements, shipping records, shipping labels,
labeled shipping containers, correspondence and communications with other buyers and sellers
and their representatives, calendars, appointment books, telephone books, inventory, feeding
schedules, breeding and trading logs relating to the ordering, shipping, and receiving of illegal
reptiles and amphibians, and that such records may be in paper or digital/electronic form.
147. On November 25, 2008, Thomas spoke with Peteroy and was told that Peteroy had
recently been hospitalized with a heart problem and, as a result, Peteroy had removed his
venomous snake collection from the 16x20 building and placed the snakes with friends. Peteroy
affirmed that he has continued to remain active in the buying and selling of legal and illegal
reptiles and that he had a number of lizards and ball pythons in the building. Peteroy told Thomas
that he uses his phone and the Internet to communicate with dealers and buyers. Peteroy also told
Thomas that he had four computers that he had recently consolidated into one working computer
and that he keeps business records of most but not all of his transactions.
148. This investigation indicates that Peteroy illegally collects, buys, sells and trades,
protected native wildlife.
149. I have obtained and reviewed New York State Department of Motor Vehicle
records dated November 6, 2008, showing Ronald C. Peteroy, Jr., date of birth October 8, 1975,
living at 41 Garden Street, Staten Island, New York 10314, has a valid NYS drivers license that
expires on October 8, 2016.
150. I am familiar with the Peteroy residence from my visit in May 2007, and have been
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advised by NYSDEC BECI Investigator Komonchak that on November 7, 2008, Komonchak
went to 41 Garden Street, Staten Island, New York 10314. Komonchak told me that 41 Garden
Street is a two story vinyl sided house, color gray, with a front entrance enclosed by a small
similarly sided, roofed entry way; there is a concrete sidewalk leading from the driveway to the
front entrance, with two concrete and stone steps leading up to the entryway; there is a bay
window on each side of the front entrance and the driveway is on the east side of the residence.
The number “41" appears in large numerals on the siding to the right of front entrance door. Also,
on December 3, 2008, I reviewed a satellite photo of 41 Garden Street, available on Microsoft
live search maps, and noted two additional structures on the property: one large temporary canvas
or plastic structure just off the northwest back corner of the residence, and one permanent brown
single story structure with a gray roof in the back yard off the northeast corner of the house.
151. Therefore, the annexed proposed warrant for the residence located at 41 Garden
Street, Staten Island, New York 10314, seeks the following: photographs, photographic
albums, and videotapes of illegal reptiles and amphibians, telephone records, checking,
savings, and credit card records with financial institutions, bank records, billing and
accounts receivable statements, shipping records, shipping labels, labeled shipping
containers, correspondence and communications with other buyers and sellers and their
representatives, calendars, appointment books, telephone books, inventory, feeding
schedules, breeding and trading logs relating to the ordering, shipping, and receiving of
illegal reptiles and amphibians, and that such records may be in paper or digital/electronic
form.
4) 1616 DEWEY AVENUE, NORTH BELLMORE, NEW YORK 11710
10 It is possible to obtain a license from the NYSDEC to possess, care for, and rehabilitate protectedwildlife.
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(Harry W Faustmann residence)
152. I first came into contact with Harry Faustmann, in November 2007, at a herp show
in White Plains, New York, where Faustmann told me about his collection of turtles, including a
number of New York protected species such as spotted, North American wood, eastern box and
softshell turtles that he possessed at his house on Long Island. Faustmann told me that although
he is not a rehabilitator10 in New York, he assists other people with orphaned and injured wildlife.
153. From that point on, I saw and spoke to Faustmann on numerous occasions at many
of the White Plains and Long Island reptile shows and observed him operating a vendor’s table at
the shows under the auspices of the Long Island Herpetelogical Society (“LIHS”). Faustmann
told me that he is a member of and represents LIHS, an organization that promotes the protection
and ethical treatment of reptiles and amphibians, and also provides public education for the health
and well-being of that natural resource. Faustmann also spoke with me about the care and
feeding of turtles and reptiles, about friends that possess New York protected species, and about
New York laws that criminalize the taking and possession of protected wildlife. Faustmann also
told me that has he had native New York snakes and frogs in his collection.
154. On April 20, 2008, I met Faustmann at the White Plains Reptile show in White
Plains, Westchester County, New York. As at the other shows, Faustmann and I discussed our
collections. Faustmann told me that he had a North American (“NA”) wood turtle, softshell,
eastern box among other turtles, and that he was looking for a pair of spotted turtles and a NA
wood turtle. Faustmann also stated that he had native salamanders as part of his collection of
wildlife and that he kept his wildlife at his home, both inside and outside of his residence.
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155. On May 12, 2008, Faustmann emailed me as follows: “Hi Dan. Do you remember
us speaking at the last White Plains Reptile Show, about you wanting to get rid of some turtles
you have?” In the email, Faustmann stated that he had a friend who would like to buy a pair of
wood turtles from me and that he (Faustmann) would like to trade two of his eastern box turtles
for two of my spotted turtles. Wood, spotted and eastern box turtles are all protected in New
York and cannot be taken, possessed, bought or sold.
156. On May 19, 2008, Faustmann called me and told me that he had a friend named
Jeff Bollbach, also a member of the Long Island Herpetelogical Society, who wanted to buy a pair
of NA wood turtles and who would pay up to three hundred dollars for them. Faustmann stated
that Bollbach already possessed NA wood turtles and was aware of the state laws protecting
turtles. Faustmann provided me with Bollbach’s phone number. Faustmann further stated that he
(Faustmann) wanted a pair of spotted turtles and would like to trade two of his eastern box turtles
for a pair of spotted turtles that I possessed.
157. On May 21, 2008, I called Faustmann at (516) 804-4754 to discuss a turtle trade. I
told him that I had spoken with Jeff Bollbach and that Bollbach had agreed to buy two NA wood
turtles for $300. Faustmann and I arranged to meet in Syracuse to trade the two eastern box
turtles for the two spotted turtles and Faustmann told me that he would bring Bollbach’s money
for the purchase of the pair of NA wood turtles. During this conversation, Faustmann told me
that he and Bollbach had gone turtle collecting together many times and that Bollbach had built a
room out of a porch area in his house and that Bollbach had ponds in his back yard in which he
keeps his collection.
158. On May 23, 2008, I traveled to Syracuse where Faustmann brokered a trade and
sale of New York protected turtles. Faustmann gave me a pair of eastern box turtles for a pair of
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my spotted turtles and he gave me a personal check from Jeff Bollbach for $300 for my two NA
wood turtles. Faustmann left with two spotted turtles and two NA wood turtles.
159. In June 2008, I received a number of emails from hwFaustmann@optonline.net, in
which Faustmann stated that he had another friend from the LIHS who wished to purchase wood
turtles from me. Faustmann stated: “How about I give your e-mail address to my friend, Gideon
Hodulick, and he can deal with you about the Wood turtles? I could always make the exchange
for both of you if you like. Let me know if this is OK with you. Harry.” I emailed a reply to
Faustmann and asked him if Hodulick was aware of the law and Faustmann responded by email:
“No problem with dealing with Gideon. He is a club member with me and you may have seen or
even talked with him at the White Plains show at our table. He and I have traded turtles before.
I'll give him your name and e-mail contact info and you two can make arrangements.”
160. On September 7, 2008, while at the White Plains show, I approached Faustmann at
the LIHS table. Faustmann gave me a eastern box turtle to compensate me because one of the
pair that Faustmann gave me in a trade on May 23, 2008 had died. Faustmann also told me that
Gideon Hodulick had money to purchase wood turtles from me. I met Gideon Hodulick at the
show.
161. On November 25, 2008, I spoke with Faustmann and discussed the winter
hibernation of our turtle collections. Faustmann told me he hibernated wood and box turtles
outside in his yard and the smaller water turtles in his house. Faustmann related that the spotted
turtles he purchased from me in May produced eggs in his basement and that he currently had two
NA wood turtles in his house and was hibernating two NA turtles for a friend outside. Faustmann
told me that he has a “bubbler” pond in his yard where he maintains his map turtles.
Evidence to be Seized at 1616 Dewey Avenue, North Bellmore, New York 11710
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162. During the investigation of Faustmann, it became evident that Faustmann, acting
individually and in concert with others, was illegally collecting, purchasing, selling and trading
protected turtles, snakes, frogs and salamanders from the wild in New York and was actively
buying, selling and trading those animals illegally at reptile and amphibian shows in New York
State. Faustmann stated that he housed part or all of his collection of illegal native reptiles and
amphibians at his residence and in his yard. Therefore, it is reasonable to believe that Faustmann
currently has in his possession a significant number of illegally possessed protected wildlife at his
residence and in his yard.
163. I have had numerous personal, telephonic and email conversations with Faustmann
where Faustmann has referenced that he keeps his protected wildlife including reptiles and
amphibians, such as spotted turtles, box turtles, wood turtles, softshell turtles and other native
species at his residence.
164. I have obtained and reviewed a Data Track record, dated November 6, 2008, that
lists the address of Harry W. Faustmann (date of birth 07/23/43) as 1616 Dewey Avenue, North
Bellmore, New York 11710. The Data Track record lists the property owners as Harry and Laura
Faustmann.
165. I have obtained and reviewed New York State Department of Motor Vehicle
records dated October 29, 2008, showing Harry W. Faustmann, date of birth is July 23, 1943,
living at 1616 Dewey Avenue, North Bellmore, New York 11710, has a valid New York State
driver’s license that expires on July 23, 2012.
166. NYSDEC BECI Investigator Linda Escobar advised me that on November 7, 2008
she visited 1616 Dewey Avenue, North Bellmore, New York, and observed a greenish/blue sided
ranch house with an attached garage; the front door, garage door, windows and trim are white,
66
and the number “1616” appears on the front of the house to the right of the front door. In
addition, Escobar advised me that through visual observation and a review of Google Maps,
satellite imaging, it appears that the property contains a pond with a nearby rectangular structure
or pen and berm area.
167. Based upon my experience and training, I am aware that turtle collectors, in
addition to using containers, cages, and aquariums to maintain their collections indoors, also
frequently make use of ponds, pools, enclosed areas, fenced areas, hibernaculum (an area chosen
for winter hibernation) and outside structures to contain their collection of captive wildlife. In
addition, Faustmann told me that he keeps his animal collections both inside and outside the
house. Accordingly, the areas to be searched are the residence, attached garage and any pond,
fenced area, hibernaculum or structure located at 1616 Dewey Avenue, North Bellmore, New
York 11710.
168. Therefore, the annexed proposed warrant for the residence, attached garage and the
yard including any pond, fenced area, hibernaculum or structure located at 1616 Dewey Avenue,
North Bellmore, New York 11710, seeks the following: illegally possessed reptiles (dead or
alive in any life form).
5) 359 MILLER AVENUE, FREEPORT, NEW YORK 11520
(Jeffrey E. Bollbach residence)
169. In November 2007, I met Harry Faustmann at a White Plains herp show and we
discussed Faustmann’s herp collection.
170. On May 12, 2008, Faustmann emailed me, stating: “Hi Dan. Do you remember us
speaking at the last White Plains Reptile Show, about you wanting to get rid of some turtles you
67
have?” Faustmann stated in the email that he had a friend that would like to buy a pair of wood
turtles from me and that he (Faustmann) would like to trade two of his eastern box turtles for two
of my spotted turtles. Wood, spotted and eastern box turtles are all protected in New York and
cannot be taken, possessed, bought or sold.
171. On May 19, 2008, Faustmann called me and told me that he had a friend named
Jeff Bollbach, also a member of the Long Island Herpetelogical Society, who wanted to buy a pair
of NA wood turtles and would pay up to three hundred dollars for them. Faustmann gave me
Bollbach’s telephone number: (516) 867-1395. Faustmann stated that Bollbach already possessed
NA wood turtles and was aware of the state laws protecting turtles.
172. On May 21, 2008, I called Jeff Bollbach at (516) 867-1395 and asked him if he
would like to purchase two adult NA wood turtles for three hundred dollars. Bollbach agreed. He
told me that he kept native turtles, using a large outdoor pool enclosed by a turtle-proof fence.
Bollbach stated that he had painted, stinkpot and box turtles in his collection. Bollbach also said
that he collected six spotted turtles even though he knew this was illegal and joked about being a
“DEC agent.” I told Bollbach that I would accept a personal check from him and we agreed that
Bollbach would have Faustmann deliver the check and pick up Bollbach’s turtles in Syracuse,
New York.
173. On May 21, 2008, I spoke with Faustmann, confirmed that I had agreed to sell
Bollbach two NA Wood turtles for $300 and that the transaction would take place in Syracuse
where we had arranged to meet and to trade the two eastern box turtles for two spotted turtles.
During this same phone call, Faustmann told me that he and Bollbach had gone collecting
together many times and that Bollbach had built a room out of a porch area in his house for his
collection and that Bollbach has ponds in his back yard in which he also keeps his collection.
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174. On May 23, 2008, I traveled to Syracuse, where Faustmann brokered a trade and
sale of New York protected turtles. Faustmann gave me a pair of eastern box turtles for a pair my
spotted turtles and Faustmann gave me a $300 personal check from Jeff Bollbach for my 2
spotted turtles. Faustmann left with two spotted turtles and two NA wood turtles.
175. On November 25, 2008, I spoke with Bollbach and he told me that he had just
observed one of the wood turtles that he purchased from me in May 2008, in a pond in his yard
where he hibernates all his turtles, including box turtles, for the winter.
Evidence to be Seized at 359 Miller Avenue, Freeport, New York 11520
176. During the investigation of Bollbach, it became evident that Bollbach, acting
individually and in concert with others, was illegally collecting and removing protected turtles
from the wild in New York and was actively buying and trading those animals illegally in New
York State. Based upon the statements of Bollbach and Faustmann it is reasonable to believe that
Bollbach is housing part or all of his collection of illegal native reptiles in his yard, at his
residence at 359 Miller Avenue, Freeport, New York 11520.
177. I have had a number of personal, telephonic and email conversations with
Bollbach and Faustmann during which Faustmann and Bollbach have referenced Bollbach’s
residence, and specifically a pond in the yard, as the location where Bollbach possesses illegal
reptiles including spotted turtles, box turtles, wood turtles and stinkpot turtles.
178. I have obtained and reviewed a Data Track record, dated November 6, 2008,
listing the address of Jeffery E. Bollbach (date of birth 07/28/54) as 359 Miller Avenue, Freeport,
New York 11520. The Data Track record lists the property owners as Jeffrey and Barbara
Bollbach.
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179. I have obtained and reviewed New York State Department of Motor Vehicle
records dated October 29, 2008, that show Jeffery E Bollbach (date of birth 07/28/54) residing at
359 Miller Avenue, Freeport, New York 11520, with a valid NYS driver’s license that expires on
July 28, 2011.
180. On May 23, 2008, I received a personal check in the amount of $300 from
Faustmann, on behalf of Bollbach and the name and address on the check was: “Jeff Bollbach,
Luthier, Inc., 359 Miller Avenue, Freeport, New York 11520.” The check was signed by Jeffery
Bollbach.
181. On November 24, 2008, I conducted a reverse telephone directory look up on the
Internet for (516) 867-1395 and determined that the subscriber was Jeff Bollbach, 359 Miller
Avenue, Freeport, New York 11520.
182. NYSDEC BECI Investigator Linda Escobar advise me that on November 7, 2008,
she visited 359 Miller Avenue, Freeport, New York 11520, and observed a white 2 story house
with black shutters; the house has a front porch with a red front door; and the number “359”
appears on the right front porch pillar. Escobar told me she observed a driveway on north side of
the house that ends at a detached garage structure. In addition, Escobar advised me that through
visual observation and a review of Google Maps satellite imaging the rear yard also contains a
swimming pool, a possible Koi pond, and a shed.
183. Based upon my experience and training I am aware that turtle collectors, in
addition to using containers, cages, and aquariums to maintain their collections indoors, also
frequently make use of ponds, pools, enclosed areas, fenced areas, hibernaculum and outside
structures to contain their collection of captive wildlife. Moreover, Bollbach told me that he
keeps his turtle collections outside the house. Accordingly, the areas to be searched are the yard
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of the residence, including any pond, fenced area, hibernaculum or structure located in the yard at
359 Miller Avenue, Freeport, New York 11520.
184. Therefore, the annexed proposed warrant for the yard including any pond, fenced
area, hibernaculum or structure located at 359 Miller Avenue, Freeport, New York, seeks the
following: illegally possessed reptiles (dead or alive in any life form).
6) 138 BEECH STREET, ISLIP, NEW YORK 11751
(Gideon C Hodulick residence)
185. In November 2007, I met Harry Faustmann at a White Plains herp show and we
discussed Faustmann’s herp collection. As noted above, I eventually sold spotted turtles and NA
wood turtles, both protected species native in New York, to Faustmann and his friend Bollbach.
186. On June 22, 2008, Faustmann emailed me, stating: “Hi Dan. Another member of
my Long Island Herpetelogical Society would like to buy Wood turtle(s) from you. If you still
have some for sale, let me know and I will give him your e-mail address. I will be attending the
White Plains Reptile Show on July 13th, so if you are too, another exchange can be made, even if
my friend can't make it. Let me know as soon as you get this e-mail.”
187. On June 23, 2008, Faustmann again sent me an email stating, “Hi Dan. .....How
about I give your e-mail address to my friend, Gideon Hodulick, and he can deal with you about
the Wood turtles? I could always make the exchange for both of you if you like. Let me know if
this is OK with you.”
188. On June 24, 2008, I sent a response email to Faustmann advising him that he could
give my email address to Hodulick. In the email, I asked Faustmann if his friend knew that wood
turtles were protected in New York and that they may not legally be bought or sold. Faustmann
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responded to me later that day and stated: “No problem with dealing with Gideon. He is a club
member with me and you may have seen or even talked with him at the White Plains show at our
table. He and I have traded turtles before. I'll give him your name and e-mail contact info and
you two can make arrangements.” On that same day, Faustmann emailed Gideon Hodulick and
copied the email to me, supplying Hodulick with my email address.
189. On June 24, 2008, later in the day, Hodulick emailed me: “Hi I am friends with
harry and he told me you have woods. I am looking for a pair or 1.2. Please let me know if you
have any available. Thanks Gideon.”
190. On June 25, 2008, I contacted Hodulick by email and offered to sell him a pair of
wood turtles for $300. I also advised Hodulick that wood turtles were protected and requested
that Hodulick not give out my name or phone number because “I don't want to get jammed up for
selling you turtles.”
191. On July 2, 2008, Hodulick left me a voicemail in which he supplied me with his
cell phone number. On that same day, I returned Hodulick’s call and Hodulick said that if the
wood turtles were still available, he would be willing to buy four for $500. Hodulich told me he
possessed box turtles.
192. After several additional emails between me, Hodulick and Faustmann, I arranged
to meet Hodulick at the White Plains reptile show in White Plains, New York, on September 7,
2008, for the purpose of selling him four wood turtles for $500.
193. On September 7, 2008, I met with Faustmann and Hodulick at the reptile show as
planned and Hodulick paid me $500 and received four wood turtles.
194. On October 18, 2008, I attended the Hamburg reptile show, where I, Hodulick and
his friend “Ken” spoke. Both Hodulick and Ken asked me if I had turtles to sell. I sold Hodulick
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two wood turtles for $200.
195. At the same show, Hodulick told Thomas that he possessed about fifteen box
turtles and that he kept his turtles outside of his house in a pen all year. Hodulick described for
Thomas an in-ground drum that he uses to hibernate his turtles. Hodulick also told Thomas that
the wood turtles that he had previously purchased from me were really good.
196. On November 25, 2008, I spoke with Hodulick and discussed the hibernation of
our turtle collections. Hodulick told me that he had a large pen built in the yard at his residence
and that is where he keeps his box turtles all winter, along with about a dozen eastern box turtles.
In addition, Hodulick told me that he has a “waterland” tub in his house and that this was where
he kept his wood turtles.
Evidence to be Seized at 138 Beech Street, Islip, New York 11751
197. During the investigation of Hodulick, it became evident that Hodulick, acting
individually and in concert with others, was illegally collecting native New York turtles and
actively buying and trading those animals illegally in person in New York State and
Pennsylvania. Hodulick also stated that he was housing parts or all of his collection of illegal
native reptiles at his residence 138 Beech Street, Islip, New York and in the yard at his residence.
198. Thomas and I have had a number of personal, telephonic and email conversations
with Hodulick, during which Hodulick has stated that he possesses illegal box turtles and wood
turtles at his residence. In addition, Hodulick told us that he keeps his collection both inside his
house and outside his house in confined areas.
199. I have obtained and reviewed a Data Track record, dated November 6, 2008,
listing the address of Gideon C Hodulick (DOB 06/12/1976) as 138 Beech Street, Islip, New
73
York 11751. The Data Track record lists the property owners as Gideon and Kristin Hodulick.
200. I have obtained and reviewed NYSDEC records dated November 7, 2008, showing
that Hodulick purchased a state resident hunting license on September 2, 2008, listing his address
as 138 Beech Street, Islip, New York, 11751.
201. I have obtained and reviewed New York State Department of Motor Vehicle
records dated October 29, 2008, showing that Gideon C Hodulick (DOB 06/12/1976), 138 Beech
Street, Islip, New York 11751, has a valid New York State driver’s license that expires on June
12, 2010.
202. NYSDEC Lt. Lapinski advised me that on November 13, 2008 he visited 138
Beech Street, Islip, New York, and observed a one and a half story residence, located on the south
side of Beech Street, approximately 375 feet west of the intersection of Beech Street and Wilson
Boulevard, in the Town of Islip, New York. It is sided in light green, shake style vinyl with white
trim. There is a half story high red brick face on the eastern half of the front of the structure.
There is a blacktop driveway on the eastern end of the house, leading to a detached two car
garage which is located south east of the house and deeper into the property. The garage is light
green in color with white trim and two white garage doors. To the west of the northern end of the
driveway is a brown mailbox set on a green colored post surrounded by a small raised wooden
planter. The number “138” is prominently displayed in white numerals on the top of the mailbox.
At the extreme southeastern corner of the property is a small shed, tan with white trim and an
asphalt shingle roof.
203. Based upon my experience and training I am aware that turtle collectors, in
addition to using containers, cages, and aquariums to maintain their collections indoors, also
frequently make use of ponds, pools, enclosed areas, fenced areas, hibernaculum and outside
74
structures to contain their collection of captive wildlife. In addition Hodulick told me that he kept
his turtle collection inside the house in a “watertub” and in a pen built in the yard at his residence.
Accordingly, the areas to be searched are the residence, and any pond, fenced area, hibernaculum
or structure located at 138 Beech Street, Islip, New York.
204. Therefore, the annexed proposed warrant for the residence, and the yard including
any pond, fenced area, hibernaculum or structure located at 138 Beech Street, Islip, New York
11751, seeks the following: illegally possessed reptiles (dead or alive in any life form).
7) 32 CARRIE COURT, WADING RIVER, NEW YORK 11792
(Adam Borisuk residence)
205. During the course of this investigation, I monitored popular reptile web sites. On
July 16, 2007, while checking the classified posts on Kingsnake.com, I saw a post from
Millennium Morphs, Inc., (“Millennium Morphs”) that said: “WANTED - Snapping turtles”;
“We are looking to purchase 1000 lots of common snapping turtles this season. Please email us if
you could supply us with as little as 1000 to as many as 20,000 common snapping turtles. We
will pay cash and have the money available on the spot.” The contact for the post was listed as:
“www.millenniummorphs .com”. I checked that site and found the Long Island area phone
number (631) 831-0078 and an address of P.O. Box 750, Wading River, NY 11792.
206. I contacted Millennium Morphs by email and on July 17, 2007, received an email
response from info@millenniummorphs.com that stated: “I will buy as many as you have.
EVERY turtle. There are no regs that protect the sale of baby turtle if they are being exported
overseas. And that's what I am doing, so everything will be fine on your end.”
207. On July 26, 2007, I received another email from info@millenniummorphs.com
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stating: “I will buy everyone you can get as long as they are babies. Under 2-3 inches ….. Start
with a price and we can haggle back and forth until we are both happy. Let me know an
approximate number of turtles you can supply. I can handle up to 50,000. I am a very serious
buyer so please remain in touch. Thank you.”
208. On August 01, 2007, I received a call from (631) 831-0078. The caller identified
himself as Adam from Long Island. Adam told me that he collects snapping turtle eggs, incubates
them and then sold the hatchlings to a Chinese buyer. Adam further stated that the money the
Chinese are willing to pay for his snapping turtles was “unlimited” and that he was fully aware of
New York State laws protecting snapping turtles. Adam told me that he can be called at number
(631) 831-0078.
209. In September 2007, NYSAG Inv. Sandra Migaj advised me that she spoke with
United States Postal Inspector S. Carosella who informed her that the owner of P.O. Box 750,
Wading River, NY 11792 is Adam Borisuk, 32 Carrie Court, Wading River, NY 11792.
210. After further communications with Borisuk, I traveled to 32 Carrie Court, Wading
River, New York, on October 4, 2007, to meet Borisuk and sell him approximately 200 common
snapping turtle hatchlings for an agreed upon price of $5 each. Borisuk took the turtles into his
residence and I received $1,000 from Borisuk. In addition, Borisuk showed me the areas where
he had collected snapping turtle eggs. Borisuk told me that he had constructed a room in his
house for the sole purpose of incubating turtle eggs. Borisuk detailed the size, the equipment and
the containers used to incubate 20,000 eggs. Borisuk told me that he had an order in May for
50,000 turtles but was unable to fill it and that he had overseas buyers who would purchase
100,000 turtles.
211. During the spring of 2008, I arranged to meet Borisuk for the purpose of collecting
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eggs in the Wading River Area of Long Island. On June 1, 2008, I traveled to Wading River and
met Borisuk to collect snapping turtle eggs. While engaged in the collecting activity, Borisuk
received several calls from an individual identified as “Mike” and later that morning I was
introduced to Mike Brooks. Brooks told me that he had also been collecting turtle eggs. Brooks
showed me a large container that held multiple layers of turtle eggs between sand. Brooks stated:
“there’s gotta be about 500.” Borisuk took possession of Brook’s container and put it into my
vehicle. During the rest of the morning, I, Borisuk and Brooks collected snapping turtle eggs in
the area south of Wading River and the Riverhead area. While engaged in this illegal collection
of turtle eggs, two-way radios were used for the purposes of alerting each other if any law
enforcement officials or witnesses were in the area. Containers of eggs were concealed for later
pick up. On this day I, Borisuk and Brooks collected approximately 1,000 eggs.
212. During the day both Brooks and Borisuk told me that they both had been engaged
in this activity for the last five years. Borisuk and Brooks revealed that they sold the hatchlings to
a turtle farmer in Louisiana, for profit, knowing that this activity was illegal and prohibited by
New York State law. Borisuk told me that he had sold $100,000 worth of hatchling snapping
turtles, tax free, last year alone.
213. On August 14, 2008, Borisuk told me that his snapping turtle eggs were hatching
out, and that his buyer in Louisiana was currently buying hatchling snapping turtles for $6.25
each. Borisuk suggested that I ship directly to Louisiana to avoid the costs of shipping the turtles
to Borisuk before their shipment to Louisiana.
214. On August 25, 2008, Borisuk told me that he had approximately 1900 turtles to
sell and that he was going to call the Louisiana turtle farmer and determine the current market
price and then ship his turtles the next day by FedEx. Borisuk explained that the Louisiana turtle
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farmer would pay Borisuk for my snapping turtles and then Borisuk would pay me. Borisuk
suggested that I not disclose the contents of the boxes as FedEx might not ship live turtles.
215. On August 26, 2008, Borisuk called me and told me to ship my turtles to “Adam”
at 5454 Coulee Swamp Road, Collinston, LA 71229. Borisuk also directed me to use the return
address: Millennium Morphs, PO Box 750, Wading River, NY 11792.
216. On August 26, 2008, Thomas shipped 300 live common snapping turtles to the
Louisiana address.
217. On August 27, 2008, Borisuk told me that the Louisiana turtle buyer had received
both of our turtle shipments. Borisuk stated that the buyer told him that there were 294 turtles
from my shipment (a discrepancy of 6 turtles from my count of 300) and 2160 from Borisuk’s
shipment. Although Borisuk did not give me an exact price Borisuk was to receive for the turtles
during this transaction, he told me that he expected to receive approximately $6.20- $6.30 per
turtle. Borisuk also stated that he and Mike had about 700 more eggs to hatch out.
218. On September 12, 2008, I received a check from Borisuk in the amount of $1,470,
approximately $400 less than the figure he had previously quoted. The check was drawn on an
account in the name “Millinnium Morphs, Inc.,” maintained at the Bank of Smithtown, and
signed by Adam Borisuk. In a subsequent conversation, Borisuk told me there were additional
expenses in processing and the shipping of the turtles from Louisiana to China resulting in less
money being given to me.
219. On September 23, 2008, I again spoke with Borisuk about an additional shipment
of turtles to Louisiana. Borisuk stated that he was shipping out his turtles that day and if I could
get my turtles shipped, we could get a price of around $6.00 to $6.50 each. Borisuk directed me
to ship them in the same manner and to the same address. Thomas shipped 468 live common
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snapping turtles to the Louisiana address on September 23, 2008.
220. On October 8, 2008, Borisuk told me that the Louisiana turtle farmer had received
my turtles and that Borisuk had the money. Borisuk stated that Sullivan’s share “came to twenty
something hundred dollars.”
221. Although I have sent Borisuk a number of email and telephone requests for
payment, as of December 3, 2008, he has not paid me for the 468 snapping turtles.
Evidence to be Seized at 32 Carrie Court, Wading River, NY 11792
222. During the investigation of Borisuk, it became evident that Borisuk, acting
individually and in concert with others, was illegally removing and taking thousands of snapping
turtle eggs from the wild in New York and selling the hatchlings to collectors and buyers via the
Internet from his residence at 32 Carrie Court, Wading River, New York.
223. I have reviewed business records obtained from FedEx regarding Millennium
Morphs, Inc., the business operated by Borisuk, for the period June 1, 2007, through June 30,
2008, showing account information in the name Adam Borisuk, 32 Carrie Court, Wading River,
NY 11792, phone number (631) 831-0078.
224. I have reviewed bank history records obtained from the Bank of Smithtown, for
the period June 1, 2007, through June 30, 2008, for Adam Borisuk, 32 Carrie Court, Wading
River, NY 11792, and Millennium Morphs, Inc., 32 Carrie Court, Wading River, NY 11792.
225. I have reviewed business records obtained from Sprint that indicate that the
customer for telephone number (631) 831-0078, established in May 2002, is Nadine Agliata, 32
Carrie Court, Wading River, NY. Based upon my conversations with Borisuk I know that Agliata
is Borisuk’s girlfriend and that Agliata lives with Borisuk at the 32 Carrie Court address. In
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addition, I have reviewed an Accurint report dated 07/01/08 for Adam Borisuk, which indicates
that Nadine Agliata is the owner of the residence at 32 Carrie Court, Wading River, NY. In
addition, I have reviewed a Dun and Bradstreet report indicating that Nadine Agliata is the owner
of Millennium Morphs and the address of the business is 32 Carrie Court, Wading River, NY.
226. I obtained and reviewed New York State Department of Motor Vehicle records
dated October 30, 2008, showing that Adam Borisuk, date of birth October 12, 1975, living at 32
Carrie Court, Wading River, New York 11792, has a valid NYS drivers license that expires on
October 30, 2009.
227. This investigation indicates that Borisuk operates his business, Millennium
Morphs, by using computers, the Internet, telephones and other business equipment. Borisuk has
communicated with me via the Internet and by telephone. Based upon my and Thomas’
experience and upon my observations during the investigation of Borisuk, it is reasonable to
believe that Borisuk’s business would generate business and financial records including corporate
documents, telephone records, checking, savings, and credit card records with financial
institutions, bank records, billing and accounts receivable statements, shipping records, shipping
labels, labeled shipping containers, correspondence and communications with other buyers and
sellers and their representatives, calendars, appointment books, telephone books, inventory,
feeding schedules, breeding and trading logs. In addition, because individuals involved with the
illegal commercial trade in reptiles, amphibians and venomous snakes frequently have
photographs and maintain photographic albums of their possessions, and the animals they have
purchased and sold, it is more reasonable to believe that a search of Borisuk’s residence will
result in the seizure of photographic evidence tending to indicate that criminal activity has
occurred.
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228. NYSDEC Lt. Lapinski advised me that on November 12, 2008, Lapinski traveled
to 32 Carrie Court, Wading River, New York 11792, and observed a cape cod style residence
with a one and a half car garage located at the northern side of the cul-de-sac at the north end of
Carrie Court. The house is sided in natural cedar siding with white trim; the front of the structure
has a covered porch that extends the entire length of the main house. The entrance is by way of a
wood door with a full length glass panel; there is a full length glass sidelight on each side of the
front door and two white individual windows equally spaced on each side of the front door.
Lapinski also advised that the garage is attached to the east end of the house with the single white
garage door facing east; between the driveway and the house is a man-made pond approximately
fifteen feet across; and, at the street end of the driveway is a grey wooden mailbox clearly marked
with the number “32". In addition, Lapinski observed activity at the residence.
229. Therefore, the annexed proposed warrant for the residence located at 32 Carrie
Court, Wading River, NY 11792, seeks the following: photographs, photographic albums, and
videotapes of illegal reptiles and amphibians; business and financial records including
corporate documents telephone records, checking, savings, and credit card records with
financial institutions, bank records, billing and accounts receivable statements, shipping
records, shipping labels, labeled shipping containers, correspondence and communications
with other buyers and sellers and their representatives, calendars, appointment books,
telephone books, inventory, feeding schedules, breeding and trading logs relating to the
ordering, shipping, and receiving of illegal reptiles and amphibians, and that such records
may be in paper or digital/electronic form.
8) 33 BRIARLANE WALK, HOLBROOK, NEW YORK 11741
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(Michael D. Brooks residence)
230. As set forth above, I was introduced to Michael Brooks on Long Island June 1,
2008, by Adam Borisuk. On that day, Brooks told me that he had been collecting turtle eggs;
Brooks showed me a large container that held multiple layers of turtle eggs between sand, and I,
Borisuk and Brooks collected snapping turtle eggs from sites of recent egg laying in the area
south of Wading River and the Riverhead area.
231. On June 1, 2008, Brooks told me the he and Borisuk had been engaged in this
activity for the last five years. Brooks revealed that he sold the hatchlings to a turtle farmer in
Louisiana, for profit, knowing that this activity was illegal and prohibited by New York State law.
Borisuk and Brooks talked about collecting the turtle eggs and Borisuk suggested that this year
they should split the money 50/50. Brooks agreed.
232. On August 6, 2008, I received an email from officer Rob Croll (“Croll”) at the
Pennsylvania Fish and Boat Commission (“PFBC”). Croll informed me that a poster using the
name “Mike Brooks” posted an advertisement on Kingsnake.com. Croll told me that
“Brooks”was offering 100 lots of common snapping turtles for $1000 and that larger quantities
were available. Croll also told me that the poster listed his location as Long Island, NY and
stated that the animals were from out of state and legal.
233. On August 11, 2008, I observed an advertisement on Kingsnake.com that was
“Posted by Mike Brooks. August 10, 2008, at 17:39:59.” The poster was selling “100 lot of
common snappers $1,000.00 + shipping,” indicating that “[t]hese animals are from my property
out of state and are 100% legal from my property” and noting that “[i]f you are interested in more
turtles [sic] than that give me a call (631) 732-4233.” I asked Croll to reply to the posting and
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inquire about buying snapping turtles from Brooks.
234. Croll told me that, on August 11, 2008, he placed a call to “Mike Brooks” (631-
732-4233) and received the voice mail of message from “Waterscapes”. Croll left a voice mail
message indicating that he was calling for “Mike Books”, had seen the Kingsnake.com posting,
and that he was interested in buying baby snapping turtles. Croll further told me that, on August
30, 2008, Croll received a voice mail left on his phone from “Mike Brooks.” “Brooks” stated in
the message that he had snapping turtles left and that Croll should call him to discuss a price.
Croll returned the call and left another voice mail message for Brooks.
235. Croll told me that, later on August 30, 2008, Brooks called Croll and discussed the
snapping turtle trade. Brooks told Croll that most of the turtles from the United States are sold to
China and the Chinese eat them. Brooks also told Croll the Chinese pay about $8 apiece for baby
snapping turtles and that turtle farmers in the states are paid about $6.50 per turtle. Brooks told
Croll that “they” had sent two shipments of turtles to Louisiana, one shipment of 1500 and the
other of 1000 and that they had 1000 left. Brooks asked Croll how many snapping turtles Croll
wanted and Croll replied “200”. Brooks stated that he could probably sell Croll 200 turtles for $8
each but that he would have to check with his partner. Brooks stated that the turtles came from
“upstate New York.” Croll asked Brooks about New York laws and Brooks responded by saying:
“ New York doesn’t know what they are doing.....I know all the Fish and Wildlife and they don’t
even know what the laws are.” Brooks stated that he “didn’t give a shit” about New York and
that he has a permit.
236. Croll told me that, after a series of phone calls and voice mails from September 1-
4, 2008, Croll and Brooks agreed to meet in New Jersey on September 5, 2008, to finalize the sale
of the turtles.
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237. On September 5, 2008, I and members of the USFWS conducted surveillance on
Mike Brooks’ 1998 Green Jeep with New York registration WTRSCAPS. I was able to see and
hear the transaction in New Jersey between Croll and Brooks, during which Croll paid Brooks
$1600 for 187 New York snapping turtles. (On September 4, 2008, Brooks told Croll that he only
had 187 turtles of the 200 promised and that he would ship the other 13 when he got more). Croll
and Brooks had a discussion about the snapping turtle trade and the prices that turtles were being
sold for.
238. Croll told me that, on September 8, 2008, Brooks called Croll and asked how he
was doing with selling the snapping turtles. Croll told Brooks that he had sold about 100 and
Brooks asked Croll if he wanted more and Croll said yes. Croll further told me that, again,
through a series of phone calls and voice mails, Brooks and Croll discussed the sale of more
snapping turtles and agreed to ship them to Pennsylvania. Brooks told Croll that he had 210
snapping turtles that he would sell for $8 each. Croll and Brooks discussed the shortage from the
September 5th transaction and Brooks agreed to sell the 210 turtles to Croll for $1651 which
included shipping charges of $75. Croll told me that he and Brooks discussed the New York laws
and Brooks told Croll that he did not sell snapping turtles to anyone in New York because it
would be “under the table” and people are afraid of the fines.
239. Croll told me that, on September 23, 2008, Croll mailed two United States Postal
money orders to Brooks totaling $1651 at 33 Briarlane Walk, Holbrook, NY 11741, and that, on
October 2, 2008, Croll received a package from Brooks at the Eagleville Post Office in
Pennsylvania. The return address on the Brooks’ package was 33 Briarlane Walk, Holbrook, NY.
The package did not have labeling with the package contents. Croll told Sullivan that the package
contained 214 baby common snapping turtles.
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Evidence to be Seized at 33 Briarlane Walk, Holbrook, New York 11741
240. During the investigation of Adam Borisuk and Michael Brooks, it became evident
that Brooks, acting individually and in concert with others, was illegally removing and taking
thousands of New York snapping turtle eggs from the wild in New York and selling the
hatchlings to collectors and buyers via the Internet and telephone, selling and shipping New York
snapping turtles from his residence at 33 Briarlane Walk, Holbrook, NY 11741 and personally
transporting, delivering and shipping New York snapping turtles across state lines into New
Jersey and Pennsylvania.
241. I have reviewed Accurint records obtained on September 3, 2008, which show that
Michael Brooks has an address at 33 Briarlane Walk, Holbrook, NY 11741.
242. I have reviewed bank history records obtained from the Bank of Smithtown, for
the period June 1, 2007, through June 30, 2008, for Adam Borisuk and Millennium Morphs, Inc.,
32 Carrie Court, Wading River, NY 11792. These bank records confirm payments by Borisuk to
Brooks on several occasions.
243. I have reviewed business records obtained from Kingsnake.com showing that on
August 4, 2008, Michael D. Brooks, 33 Briar Lane Walk Holbrook, NY 11741 paid $20 to post a
30-day standard classified advertisement on Kingsnake.com. The Kingsnake business records
also reveal that when Brooks logged onto the Kingsnake.com web site to register, pay the fee and
post the advertisement he was using the Internet Protocol (“IP”) address 69.113.183.140.
244. NYSAG Deputy Chief Investigator James Domres informed me that readily
available Internet tools indicated that the IP address 69.113.183.140 was controlled by Optimun
Online (Cablevision Systems). I have reviewed business records obtained from Cablevision
85
Systems on December 2, 2008, that indicate the IP address 69.113.183.140 was assigned to its
subscriber/customer Michael D. Brooks, 33 Briar LN Walk, Holbrook, NY 11741 on August 4,
2008.
245. I have obtained and reviewed New York State Department of Motor Vehicle
records dated October 29, 2008, showing that Michael D. Brooks, date of birth September 14,
1977, living at 33 Briar Lane Walk, Holbrook, NY 11741, has a valid NYS drivers license that
expires on September 14, 2016.
246. NYSDEC BECI Lt. Lapinski advised me that on November 12, 2008, Lapinski
traveled to 33 Briar Lane Walk, Holbrook, NY 11741, and observed a large multi-building
apartment complex on the east side of Broadway Avenue, encircled by Broadway Circle.
Briarlane Walk is a concrete sidewalk/path running generally north-south between Broadway
Circle and parallel to Broadway Avenue. The building containing apartment #33 is a two story
building, identified by an attached rectangular green sign with white lettering stating “The
Georgetown, B Building, Apartments 13-38, Briarlane Walk.” The front of the building faces
South into a common area (Briarlane Walk) and the back of the building faces north onto
Broadway Circle. The building runs in a east west direction and has a gable roof. The outside of
the building is faced in brick with tan colored bricks at the east and west ends and red brick in the
center sections. Apartment 33 is located at the western end of the red brick center section of the
building. The entrance to the apartment faces South onto the Briarlane Walk courtyard. It has a
dark green colored exterior door covered by a white full panel glass storm door. The door is
clearly marked “33" by two gold colored metal numerals attached to the door. The doorway is
trimmed in white with a white cornice and keystone on top. To the immediate right of the
doorway is a white exterior light fixture. To the immediate left or west of the doorway is a two
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panel sliding glass white window with green shutters and a green cornice over it. Over the door
and over the window to the west of the door are two more sets of white sliding windows with
green shutters and white cornices. The rear door is a solid white door in a recessed porch on the
north side of the building.
247. This investigation showed that Brooks conducts turtle sale transactions by using
computers, the Internet, telephones and other business equipment. Brooks communicated with
Croll via the Internet and by telephone. Based upon my experience and my observations during
the investigation of Brooks, it is believed that Brooks’ sale of turtles would generate business and
financial records including telephone records, checking, savings, and credit card records with
financial institutions, billing and accounts receivable statements, shipping records, shipping
labels, labeled shipping containers, correspondence and communications with client businesses
and their representatives, calendars, appointment books, and telephone books. In addition,
because individuals involved with the illegal commercial trade in reptiles, amphibians and
venomous snakes frequently have photographs and maintain photographic albums of their
possessions, and the animals they have purchased and sold, it is more reasonable to believe that a
search of Brook’s apartment will result in the seizure of photographic evidence tending to
indicate that criminal activity has occurred.
248. Therefore, the annexed proposed warrant for the apartment located at 33 Briarlane
Walk, Holbrook, NY 11741, seeks the following: photographs, photographic albums, and
videotapes of illegal reptiles and amphibians; business and financial records including
corporate documents telephone records, checking, savings, and credit card records with
financial institutions, bank records, billing and accounts receivable statements, shipping
records, shipping labels, labeled shipping containers, correspondence and communications
87
with other buyers and sellers and their representatives, calendars, appointment books,
telephone books, inventory, feeding schedules, breeding and trading logs relating to the
ordering, shipping, and receiving of illegal reptiles and amphibians, and that such records
may be in paper or digital/electronic form.
SEALING REQUEST
249. Although the covert portion of this long term investigation is complete, I anticipate
that the execution of these search warrants, together with the planned interviews with the suspects
and others involved in the illegal trade in wildlife, will result in the investigation of additional
people in New York and elsewhere. In addition, based upon my discussions with New York State
Assistant Attorney General Paul F. McCarthy, I believe that charges and/or a grand jury
investigation will be commenced soon. Accordingly, given that this is an ongoing investigation, I
requested that this application be sealed until further order of this court.
WHEREFORE, your affiant respectfully requests that warrants be issued, in the form
annexed, authorizing Investigators of the NYSDEC with the appropriate assistance from other
law enforcement officers, including the USFWS Law Enforcement, NYSAG, and technicians and
agents working on their behalf to identify and maintain illegally possessed wildlife found in each
location and to properly image or seize computer systems, to enter the addresses listed above, to
search for and seize the property listed above, and that any property seized be maintained in the
possession of either the New York State Department of Environmental Conservation or agents
designated by NYSDEC to properly maintain any seized animals.
_________________________ Daniel W. Sullivan
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