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The Premises Known and Described 1 UMCTED STATES DISTRICT COURT ' EASTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA AFFIDAVIT IN SUPPORT OF APPLICATION FOR A - against - 9 SEARCHWARRANT THE PREMISES KNOWN AND DESCRIBED (21 USC 3 841; 18 USC 6 1956) .I I, Jeff Novitzky, being first -duly swom, hereby depose and state as follows: ' 'I'I. Introduction . , , ,. 1. This affidavit is submitted in support of a request for a search warrant on the ' residence of Kirk Radomski, an.individual who is illegally.distributing anabolic steroids kd other drugs to various individuals, includi~ìgprofessional baseball players, and laundering the proceeds thereof. Radomski's residence, the location for which a search warrant is sought, is located atm 2: This request for authorization to c0nduct.a search at Radomski's residence is based upon the development of facts which provide probable cause to believe that evidence . of Radomski's involvement in the illegal distribution of controlled substances under federal law, specifically, anabolic steroids, in violation of Title 21, United States Code, Section 841, and the laundering of proceeds received from the sale of controlled substances, specifically, . anabolic steroids, in violation of TitIe 18, United States Code, Section 1956, will be found at 1 1 Radomski residence address located at ,New York, as more particularly described in Attachment A to this affidavit. 11. Affiant's Background 3. I am a special agent with IRS-Criminal Investigation (ES-CI), and have been so for the last 13 years. During my 13 years with ES-CI, I have conducted andor participated in hundreds of criminal investigations involving income tax violations, money laundering , violations, currency violations and other federal financial crimes. Additionally, I have extensive experience in investigations involving illegal drug distribution organizations, including those distributing anabolic steroids, human growth hormone, and other athletic perfonnance-enhancing drugs. I was the lead agent on the Balco Laboratories investigation and its offshoots, a high profile federal criminal investigation based in the San Francisco Bay Area, involving the illegal distribution bf anabolic steroids and other drugs to dozens of high profile professional athletes. I have participated in the execution of numerous search warrants and have written affidavits in support of search warrants on 35 different locations. I have also written affidavits for seizure warrants on at least 11 assets. 111. Controlled Substances Statutes Pertinent To This Affidavit 4. As of September 2003, the term 'lanabolic steroid'' was defined as any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promoted muscle growth, and included testosterone and nandrolone and their analogues. 21 U.S.C. Section 802(41)(A). In October, 2004, the definition of "anabolic steroid" was amended. 21 U.S.C. Section 802(41)(A) now reads as follows: 2 The term ’anabolic steroid’means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and includes-- “(i) androstanedioL- “(I)3B,17B-dihydroxy-Sa-androstane; and ‘‘@I) 3 a ,1713 -dihydroxy-5a-andros tane; ‘‘(ii) androstanedi one (5cr -androst an-3,17-dione); “(iii) androstenediol-- “0 1-androstenediol (3B,17B-dihydroxy-5ol-androst-l-ene); ‘‘(II) 1-androstenediol(3 CL,17B -dihydroxy-5a-androst- 1-me); ‘‘(a4-androstenediol (3B,17B-dihydroxy-androst-4-ene);and ‘‘(IV) 5-androstenediol (3B ,17B-dihydroxy-androst~S-ene); “(iv) androstenedione-- ‘‘O1 - androstenedione ([Sa]-androst-l-en-3 J7-dione); “(IQ 4-androstenedione (andro~t-4-en-3~17-dione);and “(m) ~~androstenedione (androst-5-en-3,17-dione); “(v) bolasterone (7aY17a-dimethyl-17B-hydroxyandrost-4-en-3-one); “(vi) boldenone (17B-hydroxyandrost- lY4,-diene-3-one); “(vii) calusterone (7B,17B-dimethyl- 17b-hydroxyandrost4en-3- one); “(viii) clostebol (4-chloro-17l3-hydroxyandrost-4-en-3-one); ‘‘(ix) dehydrochloromethyltestosterone (4-chloro- 17B-hydroxy-17a- methyl-androst-1,4-dien-3-one); “(XI A 1-dihydrotestosterone (a.k.a. ‘1-testosterone’) (17B-hydroxy- 5a-androst-1-en-3-one); “(xi) 4-dihydrotestosterone (17B-hydroxy-androstan-3-one); “(xii) drostanolone (17B-hydroxy-2cc-methyl-5a-androstan-3-one); ‘‘(xiii) ethylestrenol (17a-ethyl-17B-hydroxyestr-4-ene); “(xiv) fluoxymesterone (9-fluoro-‘17a-methyI-1 1B717B- dihydroxyandrost-4ien-3-one); “(xv) formebolone (Zfomyl-l7a-methyl-l1&,17B- dihydroxyandrost-lI4-dien-3-one); “(xvi) furazabol(17a-methyl-17B-hydroxyandrostano[2,3-c]- furazan); . “(xvii) 13B-ethyl-17a-hydroxygon4-en-3-one; ‘‘ (xviii) 4-h ydr ox ytes tos terone (4,17B -dih ydrox y- androst -4-en- 3- one); “(xix) 4-hydroxy-19-nortestosterone (4,17€3-dihydroxy-estr- 4-en- one); “(xx) mestanolone (17a-methyl- 17B-hydroxy-5u -androstan-3-one); “(xxi) mesterolone (la-methyl-17B-hydroxy-[5a]-androstan-3-0ne); ‘‘(xxii) methandienone (17 a -methyl- 17B-h ydrox yandrost- 1,4-dien-3- one); I. 3 .,’ ‘1 “(xxiii) methandriol’(17cr-methyl-3B,l7B-dihydroxyandtost-5-ene); ’ ’ . ‘‘(xxiv) methenolone (l-methyl-17B-hydroxy-Sa-androst-l-en-3- one); ‘ ‘(xxv) 17a-methyl-3B, 17B-dihydroxy-5cc-androstane; “(xxvi) 17a-methyl-3a,17B-dihydroxy-5a-androstane;. “(xxvii) 17c~-methyl-3B,17B-dihydroxyandrost-4-ene. ‘‘(xxviii) 17a-met h yl-4-hydroxynandrolone ( 17a-methyl-4-hydroxy- 17B-hydroxyestr-+-en-3- one.); ‘‘(xxix) methyldienolone (17 a-methyl- 17B-hydroxyestra-4,9(10)- di.en-3- one); .. “(xxx) methyltnenolone (17cl-methyl-17B-hydroxyestra-4,9-11- trien-3-one); ‘‘(xxxi.) methyltestosterone (17a-me th yl- 17B-hydroxyandrost-4-en-3 - one); “(xxxii j mibolerone (7a,17a-dimethyl-l7B-hydroxyestr-4-en-3-one); , ’ “(xxxiii) 17a-methyl- A 1-dihydrotestosterone (17B-hydroxy-1701- ’ methyl-% andros t- 1- en-3- one) (a. k.a. ‘ 17-a-meth yl-1 - testosterone3; “(xxxiv) nandrolone (17B-hydroxyestr-4-en-3-one); “(xxxv) norandros tenediol-- \ .* “(I) 19-nor-4-androstenediol(3B,,17B -dihydroxyestr-4-ene); . 1 . ‘‘(II) 1,9-nor-4-androstenediol(3a,17B- dihydroxyestr-4-ene); . ‘‘019-nor-S-androstenedio1(3B, 17B- dihydroxyestr-5-ene); ‘and “(N) 19-nor-5-androstenedol (3a,17B - dihydroxyestr-Sene); “(xxxvi) ndrandrostenedione-- “0 19-nor-4-androstenedione(estr-4-en-3,17- dione); and “(Q 19-nor-5-androstenedione (estr-5-en-3,17- dione; “(xxxvii) norbolethone (13B,17a-diethyl-17B-hydroxygon-4-en -3- . one); “(xxxviii) norclostebol (4-chloro-17B-hydroxyestr-4-en-3-one); “(xxxix) norethandrolone (17a-ethyl-17B-hydroxyestr4-en-3.-one); ‘‘(XI)normethandrolone (17a-methyl-17B-hydroxyestr-4-en-3-one); “(xli) oxadrolone (17‘a-methyl-17B-hydroxy-2-oxa-[5a]-androstan- 3-one)i ‘‘(xlii) ozymesterone (17a-methyl-4,17B-dihydroxyandrost-4-en-3-._ one); , . ‘‘(xliii) oxymetholone-(17a-methyl-2-hydroxymethylene-17B- . hydroxy-[5a]-androstan-3-one); ’ ‘‘(xliv) stanozolol ( 17~-methyl-17~-hydroxy-[5a]-androst-Z- eno[3,2-c]-pyrazole); ’ . “(xlv) stenbolone (17B~hydroxy-Z-methy1-[5~]-androst-l-en-%one); ‘‘(xlvi) testolactone (13 -hydroxy-3-oxo-13,17-secoandrbsta- 1,4-dien- 17-oic acid lactone).; , “(x~vii)testosterone (17B~~yc1roxyan~ost-4-en-3-one); 4 1’ “(xlviii) tetrahydrogestrinone (13,17a-diethyl-l7B- hydroxygon- 4,9,1l-trien-3-one); “(xlix) trenbolone (17B-hydroxyestr-4,9,1l-trien-3-one);and “(xlx) any salt, ester, or ether of a drug or substance described in t,,,, paragraph. 5. Anabolic steroids are Schedule Ill Controlled Substances. 21 U.S.C.Section 8 2(b), Schedule Ill (e); 21 C.F.R.Section 1308.13(0. Anabolic steroids are also ’ prescription drugs, in that because of their toxicity, and other potentiality for harmful effect, or the method of their use, or the collateral measures necessary to their use, they are not safe for use except under the supervision of a practitioner licensed by law to administer such drugs. 21 U.S.C.Section 353(b)(l)(A). 6. With certain exceptions authorized by law, it is unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance. 21 U.S,C. Section 841(a)(l). III. Background of Kirk Radomski Investigation 7. In February of 2005, I received information from the FBI of an FBI confidential source, hereinafter “the source,” that had information of an individual in New . York distfibuting anabolic steroids and other athletic performance-enhancing drugs to ’ professional baseball players, including specifically at least one Major League Baseball (hereinafter MLB) player who was publicly identified as being associated with B alco Laboratories. Balco Laboratories is the San Francisco Bay Area based company, from which four associated individuals pled guilty to a combination of drug and steroid distribution, and money laundering charges in July of this year. 5 8. ” On February 18,2005,IRS -CI special agent Erwin Rogers and I met with the FBI source, and the source’s FBI handling agents. The source confirmed to agent Rogers and I that through personal ac$uaintances he/she had within MLB, the source had become aware of an individual in New York who was supplying anabolic steroids to professional baseball players, including at least one MLB player who was publicly identified as being connected to IRS-CI’s Balco Laboratory investigation. During the meeting, in the presence of agents including myself, the source placed a telephone call to one‘of hisher MLB contacts on a speakerphone that w& audible by all parties at the meeting. In the conversation, the source inquired whether or not the MLB contact could place an order With his New York contact in order.. for the source to start a “cycle.” I am aware through my experience in investigating cases involving anabolic steroids that a period of dosages of anabolic steroids is often referred to a “cycle.” The source’s MU3 contact confirmed that he would place the order and get back to the source. 9. 6 10. Based upon this meeting with the source, including the monitored phone call, -[ -[ a federal criminal grand jury investigation was initiated to investigate the “New York contact” who was referred to the source as a steroid dealer by the source’s MLB contact.
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