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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 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 '' was defined as any drug or hormonal substance, chemically and pharmacologically related to (other than , progestins, and corticosteroids) that promoted muscle growth, and included testosterone and and their analogues. 21 U.S.C. Section 802(41)(A). In

October, 2004, the definition of "" 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 ), and includes-- “(i) androstanedioL- “(I)3B,17B-dihydroxy-Sa-; and ‘‘@I) 3 a ,1713 -dihydroxy-5a-andros tane; ‘‘(ii) androstanedi one (5cr -androst an-3,17-dione); “(iii) -- “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) -- ‘‘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) (7aY17a-dimethyl-17B-hydroxyandrost-4-en-3-one); “(vi) (17B-hydroxyandrost- lY4,-diene-3-one); “(vii) (7B,17B-dimethyl- 17b-hydroxyandrost4en-3- one); “(viii) (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- (a.k.a. ‘1-testosterone’) (17B-hydroxy- 5a-androst-1-en-3-one); “(xi) 4-dihydrotestosterone (17B-hydroxy-androstan-3-one); “(xii) (17B-hydroxy-2cc-methyl-5a-androstan-3-one); ‘‘(xiii) (17a-ethyl-17B-hydroxyestr-4-ene); “(xiv) (9-fluoro-‘17a-methyI-1 1B717B- dihydroxyandrost-4ien-3-one); “(xv) (Zfomyl-l7a-methyl-l1&,17B- dihydroxyandrost-lI4-dien-3-one); “(xvi) (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) (17a-methyl- 17B-hydroxy-5u -androstan-3-one); “(xxi) (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) ’(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) (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.) (17a-me th yl- 17B-hydroxyandrost-4-en-3 - one); “(xxxii j (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) (4-chloro-17B-hydroxyestr-4-en-3-one); “(xxxix) (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) -(17a-methyl-2-hydroxymethylene-17B- . hydroxy-[5a]-androstan-3-one); ’ ‘‘(xliv) ( 17~-methyl-17~-hydroxy-[5a]-androst-Z-

eno[3,2-c]-); ’ . “(xlv) (17B~hydroxy-Z-methy1-[5~]-androst-l-en-%one); ‘‘(xlvi) (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) (13,17a-diethyl-l7B- hydroxygon- 4,9,1l-trien-3-one); “(xlix) (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. B,oth IRS-CI.

and FBI agreed to assist the United States Attorney’s Ofice in the investigation, utilizing

both the source and other investigative techniques, including the issuance of multiple

federal grand jury subpoenas, to gather evidence of the “New York contact’s” illegal

. ’ activities.

IV. Results of Kirk Radomski Investigation ,

11. The following information has been relayed to me by the FBI in the form of a

combination of recordings of telephone calls, FBI-authored reports, copies of financial

documents, and oral communications. FBI agents involved in this investigation and in the

handling of the source have reviewed this affidavit and verified its accuracy reIating to the

information gathered by their source.

12. On March 3,2005, the source placed a recorded telephone call to his MLB

contact, to further inquire about getting steroids from the “New York contact.” I have

personally reviewed a recording of this call. The MLl3 contact responded to the source’s

inquiry for steroids, stating “I’ll talk to this guy I already know and let you know by

tomorrow.” The source instructed its MLI3 contact to let the source know the total owed for

the steroids and instructions on where the source needed to send the money.

7 13. On March 19,2005, the source informed the FBI that its MLB contact had

placed an order for steroids with his “New York contact.” The next day, March 20,2005,

the source received a package at his residence, which contained two’full vials, labeled

testosterone and deca-durabolin respectively, along with ten syringes. As detailed in

. paragraph 4 of this affidavit?testosterone is a listed anabolic steroid under Title 21 U.S.C.

Section 802(41)(a) and is also a scheduled controlled substance. I am aware through my

experience with steroid investigations that deca-durabolin is a brand name of nandrolone

decanoate. As also detailed in paragraph 4, nandrolone is also an anabolic steroid and a

scheduled controlled substance. The package, sent United States Postal Service priority

mail, was postmarked from- , New York. The sending information on the

package was only the source’s (not Radomski’s) last name.

14. On March 31,2005, ‘the source informed the mB1 that the source had an

unrecorded call with hisher MUB contact whereby the contact informed the source to call

the individual who had previously supplied the source with the above-described steroids,

The source reported that the MLB contact told the source to call this individual and tell him,

in sum and substance, “you’re my boy/girl.” The source’s contact indicated that once the.

steroid supplier was aware of this the source would be “good to go from now on.” The

MU3 contact identified the steroid supplying individuaI to the source as Kirk Radomski. He

provided Radomski’s address as\,jHe

also provided the source with Radomski’s telephone number as- Thereafter,

the source was provided with $300 by the FBI, which was to be deposited to the source’s

8 account with a check drawn from the account and sent to Radomski..aspayment for the

steroids previously received.

15. On April 12,2005, the source made a recorded telephone call to Kirk

J Radomski at(. I have personally reviewed the recording of this call. During

the call, the source apologized for not getting back to Radomski sooner but indicated that he

had lost the information provided by hidher MLB contact. Radomski indicated that this was

not a problem and that he figured that was the case. The source asked Radomski how much

is owed. Radomski indicated “three,” meaning $300. ‘The source confirmed Radomski’s

personal information, including his name, Kirk Radomski, and his address at it!.Radomski indicated that this information- was correct. The source stated that in future dealings, he/she would get back to Radomski much

sooner. Radomski replied that this was not a problem. Shortly thereafter, per the FBI’s

instructions, the source wrote and sent a check from hisher personal account in the amount

of $300 to Kirk Radomski. The source mailed the check to Radomski’s provided address at

16. On May 17,2005, the source informed the FBI that the $300 check hehhe

sent to Radomski for the steroids had been negotiated through the source’s account. The

source obtained a copy of the negotiated check and provided it to the FBI on this date. I

later received a copy of the check from the FBI., The back of the check shows that it was

‘ negotiated at North Fork Bank,- on April 28,2005. A signature

appearing to read “Kirk Radomski” appears on the back of the check along with the account

number

9 ., ._......

17. On or about July 25,2005, per the FBI’s instructions, the source placed

another order for steroids with Radomski. On July 25,2005, a United States Postal Service

priority mail package was mailed from Radomski to the source containing ten (10) vials of

Sustanon, an oil-based injectable anabolic steroid containing four different types of

testosterone, 1 box of deca-durabolin 300mg and 10 syringes. As detailed in paragraph 10

of this affidavit, testosterone and deca-durabolin (nandrolone) are both anabolic steroids and

controlled substances. The package, postmarked July 25,2005, from- New

York, had the sender’s information listed as “Radomski,\\l

The package arrived for pickup by the source on July 28,2005. The source

later mailed a $325 check, dated August 28,2005, to Radomski’s residence address am m-) After the check cleared the source’s bank

. account, the source provided a copy of the check to the FBI. I have since received a copy of

the check as well. The back of the check indicates that it was signed by Radomski and.

cashed, as opposed to deposited to his personal account like the previous check from the

source.

18. On September 21,2005, per the FBI’s instructions, the source made arecorded

phonecalI to Radomski and placed another order for steroids, specifically “deca” (deca-

durabolin). I have personally reviewed this recording. A United States Postal Service

express mail package, postmarked September 21,2005, from- New York, was

received by the source on September 29,2005. The package contained one 300 mg vial of

deca-durabolin, a scheduled anabolic steroid under federal law, and ten syringes. The

10 I.”On September 30,2005, dpring a face-to-face meeting between the

source and Radomski, $175 in cash was provided by the source to Radomski. A recording

of this meeting was attempted but failed due to technical malfunctions of the FBI-provided

I equipment’to the source.

19. On November 4,2005, per the FBI’sinstructions, the source placed another

order for steroids with Radomski. On November 14,2005, a United States Postal Service

express mail package, postmarked November 8; 2005, from New York, was received by the source. The package contained two full vials- labeled deca- durabalin and two full vials labeled testosterone, both scheduled anabolic steroids under federal law, as

well as 20 syringes. The sender’s address information listed on the package read ‘-

I-)*’ I-)*’ Thereafter, the source sent a $500 check to

Radomski to his residence address at\\! I have

been informed by the FBI that the source has electronically monitored his checking account

and determined that this $500 check to Radomski has been negotiated through the source’s

account. However, the source has not yet obtained a copy of the negotiated check.

’ 20. ‘Finally,on December 7,2005, a recorded telephone call was placed by the

source to Radomski in the presence of FBI and IRS-CI agents. During this call the source ) made another order of steroids,!including deca-durabolin and testosterone, both anabolic

I steroids and scheduled controlled substances. Per FBI and IRS-CI agents’ instructions, the

source indicated to Radomski a desire to have him send this package to a mailing address in

San Jose, California. Radomski indicated that this would not be a problem and that he

would send the steroids out via United States Postal Service priority mail. Radomski

11 I indicated that he would get back to the source at a later date to inform him of the money

owed for the delivery of the steroids, but that he should expect the shipment in San Jose,

California in a few days.

Evidence of Radomski’s Drug! Distribution to Maior Leame Baseball Plavers

21. Throughout &e course of the steroid orders made by the source through

Radomski, the source continued to have conversations with hisher MLB contact. Some of

these conversations were recorded, some recordings were attempted but failed due to

technical issues, and some were not recorded due to unplanned and unexpected calls or

’ ‘1 meetings received by the source from’hisherMLB contact. Specifically, during a face-to-

face conversation between the source and hisher MLE3 contact on September 9,2005, .

where a recording was attempted but failed due to technical reasons, the source reported to

agents that the source’s MLB contact told himker in sum and substance that if a

professional baseball player. was currently using performance enhancing drugs, including

human growth hormone (a drug which is illegal to distribute under federal law without a

valid medical prescription under Title 21 U.S.C. Section 333(e)), then that player likely

would be getting it from Kirk Radomski. The source reported that the MLB contact claimed

during this meeting that Radomski is a major drug source in professional baseball, who took

over after the Balco Laboratories individuals were taken down. Later that evening, the

source’s ML;B contact showed himher vials of drugs. The source‘s description of these ,c vials matched that of human growth hormone, The MLB contact also showed the source

approximately thirty syringes. The source was able to obtain a used syringe from the MU3

contact’s trash can, which the source then provided to FBI agents. The MLI3 contact told

12 . - . . .-.. .

, the source that he obtained these items from Radomski. On September 20,2005, the source

made a recorded phone call to his MLB contact. This recording was successful and I

personally reviewed a copy of it. In it the source tells the MLB contact that he is thinking of I

f buying some HGH (human growth hormone) from Kirk (Radomski), and asked the MLB

contact if that’s where he got his. The MLB contact confirmed that it came from Kirk

(Radomski). I am aw’are that the use of human growth hormone by professional athletes

subject to drug testing for athletic performance-enhancing drugs is’popular due to the fact

that no urine tests (the standard test used by ML6) are currently in use for the detection of

human growth hormone.

22. Radomski also personally confirmed his Major League Baseball connections

with the source on more than one occasion. During a monitored telephone call between the

source and Radomski on September 26,2005, a call which I have personally reviewed,

Radomski spoke about some of his connections in baseball, indicating that he worked for a

period of time with the New York Mets, a MLB team. Also. during the attempted recorded

face-to-face meeting between the source and Radomski on September 30,2005, (the

recording that was not obtained due to technical equipment problems as detailed in .

paragraph 15), Radomski indicated to the source that if he/she thought Jose Canseco’s

steroid tell-all book was big, he could write a similar book that would be far more

significant thai Canseco’s’. Although Radomski’s statement about this was only verbally

reported by the source due to the recording equipment malfunction, another recorded call .

was placed to Radomski by the source that corroborated this information. On October 13,

’ Jose Canseco, a former MLB player, authored a book released in February 2005 that made allegations of steroid abuse by numerous high-profile current and former MLB players. 13

, 2005, the source made a recorded call to Radomski’s cellphone number- I

have personally reviewed a recording of this call. After discussing another possible drug

transaction, the source stated “I’m also looking forward to that fucking best-seller book

you’re going to write,” to which Radomski replied “Nah, I’ll never do that.” Radomski’s

response clearly indicated that a previous discussion had occurred regarding a book by

Radomski .

V. Results of IRS-CI Financial Investigation

23. As detailed previously in this affidavit, two cancelled checks that were’written .. to Radomski by the source in April and August of 2005, for payment on two separate steroid

orders received by the source from Radomski, were provided to agents by the source. I

have personally review copies of both sides of both checks. The first check, dated April 6,

2005, revealed that it was negotiated at North Fork Bank,-, on April 28,

2005, with an account number of- Accordingly, a federal grand jury subpoena

was issued to North Fork Bank for records relating to this account, and any other possible

accounts at North Fork Bank in the name of Kirk Radomski. Results from this subpoena

indicated that Radomski maintained both a checking and a savings account with North Fork

’ 14 _-. _.

,.

24. A review of the deposits made into these accounts, indicated numerous 1 significant deposits from current and former MLB players as well as some individuals

affiliated with MU3 players. This financial activity is consistent ~5thinformation that the source told agents the MLB contact had relayed about Radomski’s prevalence with

distributing drugs to a wide range of MLB players. In addition to the identifiable MLT3

names on the deposits, the amounts of the deposits were also consistent with purchases of

performance-enhancing drugs, including anabolic steroids qdhuman growth hormone.

This is based not only upon the information learned in this case from the steroid purchases

that the source has made from Radomski, but also upon my experience as the lead

investigator in the Balco Laboratories investigation, a similar investigation in that

performance-enhancing drugs were distributed to professional athletes and payments were

made by the athletes with checks and deposited to the supplier’s personal bank account. A

summary of deposits by MLB associated individuals that were made into Radomski’s bank .

accounts, the records of which have been received in response to the grand jury subpoena

are as follows:

Date Amount 5/12/2003 $200.00 ’ 5/24/2003 $600.00 6/18/2003 $600.00 7/10/03 $415.00 7112/03 $2,500.00 8/6/2003 $200.00 8/25/03 $900.00 8/25/03 $825.00 .

10/24/03 $3,200.00

15 .I

11/24/03 $1,000.00 12/16/2003 $1,600.00 2/27/2004 $300.00 4/28/2004 $3,200.00’ 5/22/04 $700.00 6/7/04 $420.00 6/15/04 $200.00 7/16/04 $3,275.00 ‘911 7/04 $2,000.00 9/20/04 $1,500.00 10/12/04 $3,200.00 11/12/04 $2,400.00 2/ 14/05 $3,500.00 31 12/05 $1,200.00

25. The second cancelled check written to Kirk Radomski that was provided by the

’source, was in the amount of $325 and dated August.28,2005. The back of the check

indicates that it was cashed by Radomski at his bank, North Fork Bank. This activity

appears consistent with my experience as an criminal investigator that individuals involved I in illegal drug distribution activities often deal in currency, in order to attempt to avoid a

financial trail of their illegal transactions: ’In this case Radomski went to his bank, but

instead of depositing the check in to his checking account, where a record of that transaction .. would be maintained with Radomski’s account; he cashed the check so that no record of the transaction would appear in his account. Also, during the face-to-face meeting between the . source and Radomski on September 30,2005, that was detailed earlier in this affidavit, the

source reported that Radomski informed himher that he was currently in the process of

having a $50,000 pool installed in his house and was paying for it with currency.

26. A review of disbursements from Radomski’s checking and savings accounts

from May 2003 through May 2005, provide more probable cause that Radomski often deals in currency. Radomski's bank records during this time show virtually no disbursements for

daily living expenses such as food, gas, and clothing. \-! .

There is not

a single payment to a grocery store, restaurant, clothing store, gas station, or credit card

company that would likely be used for such daily living expense purchases. While the

possibility exists that Radomski has other accounts to pay for these expenses, his North Fork

Bank checking account appears to be his primary account as he pays from it his monthly

house payment, insurance payments, and medical related payments.

- - ~ - - \\I. Additionally, an analysis of Radomski's checking and

savings accounts over an approximate two year period from 2003 to 2005, revealed

currency deposits in excess of $23,000. VI. Money Laundering Statutes

27. Title 18 U.S.C. Section 1956, details that it is unlawful for an individual to .. take the proceeds of a specified unlawful activity (SUA), who knows that those proceeds are

illegal proceeds and conduct a financial transaction with them with the intent of either trying

to conceal the transaction in some manner, or to use the transaction to facilitate the ongoing

illegal activity. As listed under Section 1956, the distribution of scheduled anabolic steroids

is categorized as a specified unlawful activity (SUA). Therefore if an individual took the

proceeds from an anabolic steroids sale and conducted a financial transaction with the intent

17 -......

of concealing somethirig, or furthering on the'illegal activity, that individual would be in

violation of the statute.

28. In the case of the two cancelled checks from the source to Radomski for

steroids, both checks are defined as SUA proceeds under Section 1956. With the fist

check, Radomski conducted a financial transaction by depositing it to his savings account.

While the two years of records received on Radomski's savings account pursuant to the

grand jury subpoena do not readily provide any additional use of that account to promote or

further Radomslci's ongoing illegal activity, Radomski's deposit of that check comes after

1 i '' i March 31,2005, the last date for which records from the account have been received. ! Additionally, Radomski's checking account, into'which he deposited numerous checks

amounting to thousands of dollars from MLB players and associates, has a monthly house

payment disbursed from it, a transaction that likely facilitates Radomski's steroid

I. distribution business because as this investigation has shown, he used his residence address

extensively to facilitate steroid transaction shipments. Being that SUA funds are being used

to facilitate Radomski's steroid distribution business, there is probable cause his actions are

in violation of Title 18 U.S.C.Section 1956 (Money Laundering).

29. With the second check from the source, Radomski went to his bank, but

instead of depositing the check in to his checking or savings account, where a record of that

transaction would be maintained associated with Radomski's account, he cashed the check,

causing no record of that transaction to appear in his account. I believe that based upon this

activity by Radomski probable cause exists to believe that he made this pansaction with

18 . .. .- ,

SUA funds, with the intent of trying to conceal the transaction, in violation of Title 18,

U.S.C. Section 1956.

VII. Results of Telephone Analysis

30. Every call placed by the source to Radomski over the come of this

investigation was made to Radomski’s cellphone at- This cellular telephone , .. . is number is operated by Verizon Wireless. A grand jury subpoena was issued to Verizon for subscriber and toll information relating to this phone number. Subscriber information received as a result of the subpoena from Verizon, indicated that the phone was registered to

Kirk Radomski, at the address 0d-1

Although the majority of subscriber information on phone numbers called and received through Radomski’s phone is still outstanding, some numbers belonging to current and former MLB players have been already identified. Included among those telephone numbers calling or being called through Radomski’s phone, is a number belonging tom

-. Adcjitionaily, Radomski’s cellphone records show that a total of 86 calls were exchanged between Radomski’s cellphone and the cell phone belonging to the source’s

19 , MLB contact between November 30,2003 and May 18,2005,‘a fact that further

corroborates the unrecorded information provided by the source.

VIE Probable Cause to Search Radomski’s Residence

3 1. Based upon the five (5) orders of anabolic steroids placed with Kirk Radomski

by the source, and received shortly thereafter on each occasion, all of which are detailed in

this affidavit, it is clear that Radomski is involved in illegal activities in violation of Title 21

U.S.C. section 841, the distribution of anabolic steroids. Also, based upon the clear

evidence shown of Radomski’s illegal steroid distribution operation, and evidence that he

widely supplies MU3 players with these and other drugs, the large checks deposited by

Radomski to his personal checking account are likely partly the proceeds of his steroid

distribution, an SUA. These likely SUA funds are then used to make payments on his

residence, a residence which he continually uses to further facilitate his illegal steroid

‘distribution operation. Based upon these facts, there is probable cause to believe

Radomski’s financial transactions constitute money laundering violations under Title 18

I U.S.C.1956. ) 32. Radomski’s most recently filed federal tax returns were obtained for the tax

years 2003 and 2004. His 2003 return was signed on April 15,2004 and his 2004 return

was signed on April 13” of this year. Radomski lists his occupation on each return as ‘

“Personal Trainer.” In both years, Radomski filed a schedule C tax return, indicating

income from a self-owned business, which he also lists his principle business or profession

as. “Personal Trainer.” In my experience investigating illegal athletic performance-

20 - ...... -

enhancing drug cases since the inception of the Balco Laboratories investigation three and

one-half years ago, I am aware that it is not uncommon for steroid dealers to list their

occupation as personal or athletic training.. I have also found it not uncommon that personal

or athletic trainers work out of their residence and do not maintain a separate business

location. Additionally, on Radomski’s 2003 return, which was signed in April of ‘2004, he

’ 2004 return, which was signed in April of this year, he does not list a business address,

indicating that he does not a have separate business location from his residence. This

. information makes it highly likely that Radomski operates his business from his residence

and does not keep a separate business location. It also provides more indication that the

records Radomski keeps, specifically relating to his illegal drug distribution activities,

.I would be kept at his residence.

33. As detailed in this affidavit, Radomski’s residence address was consistently

used in the facilitation of steroid shipments to the source, as it was listed in the sender’s

information on the majority of United States Postal Service packages sent to the source. I

have spoken with United States Postal Service inspector Jude Densley, who has informed

me that when a person sends packages through the Postal Service via “priority” or “express”

mail, that individual is typically issued a receipt’forthat package. Being that each of the

packages sent to the source is postmarked in- it is likely that

Radomski mailed the packages inthe vicinity of his residence: I believe that it is also likely

that Radomski would keep the receipts at his residence due to the proximity from which

each package was mailed. It is also likely that, since Radogski’s only listed business 21 address is his residence, and his residence is in close pioximity to the post office he used, he

prepared, packaged, and stored the anabolic steroids he distributed to the source inside his

, residence. I bqlieve that evidence of these activities, as well as the storage of further

amounts of illegal steroids will be found in Radomski's residence.

34. ' In my 13 years of experience as an IRS-CI agent, I am aware that individuals

involved in illegal activity, and specifically steroid distribution businesses, routinely keep

records and receipts of ilIegal business transactions,,similarto how an individual or business

would keep records in a legitimate and legal business. My experience has also made me

aware that these records are often kept in the form of ledgers, invoices, notes, receipts,

shipping information, financial records, e-mails (both in hard copy and electronic form),

computer data, phone records, and correspondence. I also know that often individuals will

' keep records of off-site storage where some'of their business records are sometimes stored I or,archived, such as records of storage locations, leased space, rented space, safe deposit

box records, and safe deposit box keys.

35. Also, as mentioned in this affidavit in the IRS-CI financial investigation section,

Radomski's personal bank accounts, into which some of the source's checks for steroids as

well as tens of thousands of dollars in checks from current and former MLB players which I

are likely proceeds of illegal.drug sales are deposited, are registered to,his home address'of !-I !-I I know that this means that monthly statements, and possibly, copies of cancelled checks, are sent by the bank to Radomski's

residence. Based upon the observed activity through Radomski's bank accounts, his bank

records constitute evidence of his illegal activity in identifying individuals to whom he 22 \

illegally sells anabolic steroids. AS stated, in my experience individuals routinely keep .

business records, including bank records, for extended periods of time. It is likely that 1. Radomski keep these reeords, which constitute evidence of illegal activity, at his residence

at ‘where they are routinely sent by the bank.

36. Similarly, as detailed earlier, Radomski’s cellphone, through which evidence

has been bbtained he used to facilitate illegal drug transactions and the arrangements of

illegal financial transactions in return, is registered to his home address. Like his bank

records, this means monthly cellphone statements, including possible toll information

indicating who Radomski has had contact with and sent drugs to, would be sent to his

registered address atL-1

37. For each of the above described reasons, I believe that probable cause exists that

evidence of Radomski’s illegal drug distribution and related money Iaundering activities

will be found at his residence address at--j

VIII. Probable Cause to Search Computers Located At Radomski’s Residence

38. On or about September 26,2005, while awaiting receipt of the September 21,

2005, shipment of “deca” (deca-durabolin) from Radomski (as detailed in paragraph 18), the

1 source made a recorded phone call to Radomski to relay difficulties he had pickiniup the

package. During the call, which I have personally reviewed, Radomski indicated that he

had checked the status of the package, had a reference number, and, saw that delivery had

been attempted on two occasions. I am aware that the United States Postal Service ’ ..

’ maintains a website to track the status of certain mailings. I obtained a hard copy of ,

23 archive from that website detailing the above described delivery of steroids from Radomski,

that captured the status of this particular package before it was ultimately delivered. The

printout of the website shows two unsuccessful delivery attempts of the package, just as

Radomski had relayed. Based upon these facts, I believe that Radomski used his home

computer, logged onto the United States Postal Service website, to track a steroid package,

and facilitate his illegal steroid distribution business.

39. During a recorded telephone c81 between the source and Radomski that took

place on October 13,2005, a copy of which I have personally reviewed, the source inquired

about Radomski's email address. Radomski replied that he has an email account in his

name at Verizon.net. Radomski's indicated that he has had some problems with the account

recently but that it is supposed to be up and running. Radomski further explained his use of

computers to the source.

federal grand jury subpoena was issued to Verizon to for information on any email or

Internet accounts. A reply received from Verizon on October 24,2005, showed an active

DSL Internet account registered to Kirk Radomski at\-; mThe Verizon reply also showed an active email address of

40. Based upon my extensive and continuous experience in investigating illegal

athletic performance-enhancing drug cases since my inception of the Balco Laboratories

investigation three and one-half years ago, I am aware that the Internet is a major and

widely used source of information for individuals invoIved in manufacturing, distributing, 24 and using anabolic steroids. Many websites and message forums exist that offer

“underground” information and advice on steroid classifications, steroid usage protocols, steroid pricing and steroid sourcing. Due to the illegal nature of unprescribed steroids in general when used for athletic and aesthetic reasons, my experience has shown me that the i Internet is Ehe primary source for the dissemination of this information.

41. Similarly, my experience has taught me that steroid dealers often communicate with customers and sources through ernail, especially when referring to shipments that are traveling long distances. Although the source was not able to email Radomski during the course of this investigation, Radomski’s steroid distribution activities, combined with his possession and use of the computer and email and active Intemet accounts, make it highly likely that he used his email capability to further his steroid dealing activities. Therefore, I. believe, that based upon Radomski’s statement to the source that he “looks stuff up on the computer,” his recorded statements providing steroid shipping information that was located on a United States Postal Service website, evidence of Radomski’s involvement with steroids, the prevalence of steroid related information on the Intemet, my experience that most individuals involved with steroids find and share their information through the Internet and infomation of an active DSL account and email address registered to his home address,

I believe there is probable cause to believe that Radomski has used his computer in his residence for these purposes.

42. I also am aware through my experience, and through speaking with agents who are specifically trained in the area of computer forensics, that websites visited and email traffic can be stored on a computer for long periods of time. Information on steroid research 25 and possible Internet communication by Radomski relating to steroids would constitute

further evidence of Radomski’s criminal activities, Therefore, I believe that probable cause

exists to search any computers or computer storage devices found within Radomski’s , residence.

VI. Conclusion

43. Accordingly, based upon the evidence presented in this affidavit, including

record 3 pha :calls, information provided by a reliabIe FBI source, financial transactions

corroborating both Radomski’s recorded statements and the source’s information, as well as

multiple packages of anabolic steroids received from Radomski with postmarks and sender

information relating to Radomski’s residence, probable cause exists to believe that

Radomski is actively involved in illegal anabolic‘steroiddistribution activities in violation

of Title 21 U.S.C. Section 841, and the illegal money laundering of such proceeds in

’ violation of Title 18 U.S.C.Section 1956. Furthermore, based all of the evidence that

Rad6mski uses his residence as a business location including: evidence of his use of his

residence as a business address, his use of his residence address on steroid shipments, his

use of his residence address to receive bank records containing evidence of steroid sales, his

use of his residence address.to receive phone statements containing evidence of steroid sales .

and an active DSL and email account registered to his residence, there is probable cause to

believe that evidence of these illegal activities will be found at Radomski’s residence,

described in Attachment A to this affidavit.

26 44. I declare under penalty of .perjury that the foregoing is .true and correct and

that this affidavit was executed at ('.d~\is/!;, New York, on December 1'3 ,2005.

IRS-Criminal Investigation

of December, 2005.

UNI'TED STATES MAGISTRATE JUDGE EASTERN DISTRICT OF NEW YORK

Because this investigation is ongoing, I respectfully request that this affidavit, the

accompanying warrant, and all attachments be ordered filed under seal.

so ORDERED: uL-Blok- UNTIED STATES MAGISTRATE JUDGE EASTEXN DISTRICT OF MEW YORK

27 ' AttachmentA bescrbtion of Location to be Searched

1 :.I .I .-

J I I ! ! I I

Attachment B

Items to be Seized

I 1. Any and all controlled substances and other athletic performance-enhancing drugs, substances and paraphernalia including: anabolic steroids, human growth hormone, and prescription drugs, and packaging and containers for these items, syringes, syringe wrappers, and any other items used to administer such drugs and substances. '

2. Any and all documents relating to the purchase, distribution, manufacturing, and administration of anabolic steroids, human growth hormone, prescription drugs, and other athletic performance-enhancing drugs including ledgers, receipts, invoices, shipping records, correspondence, phone records, documents, contr'acts, notes, manuals,

books, and references. f

3. Any and all records showing contact or a relationship with any and all amateur or professional athletes, athletic coaches or athletic trainers, more particularly described as -, correspondence, letters, receipts, recordings, photos, videos, messages, contracts, records of financial transactions, correspondence, hard copies of electronic mail, medical records, phone records, phone numbers and phone messages from the time period 1/1/2001 through the present.

4. Any and all financial records relating to Kirk Radomski, or any associated individuals, businesses or entities, more particuh!! records, financial statements, money orders, cancelled checks, cashier's checks, money wire documents, IOU's, notes, loans, investment records, tax records, accounting records, records of disbursement, receipts, mutual funds or. stock records, deeds, contracts, records of purkhases of large assets including properties, vehicles, electronics and jewelry, safe deposit box records or keys from the time period 1/1/2001 through the present.

5. Any and all financial instruments or currency received in exchange for controlled substances and other athletic performance-enhancing drugs, substanc.es and paraphernalia including: anabolic steroids, human growth hormone and prescription drugs, and packaging and containers for these items, syringes, syringe wrappers, and any other items used to administer such drugs and substances.

6. Any and all records relating to contacts or associates, including, address books, phone books, personal calendars, business cards, daily planners, joumals, itineraries, records of travel, rolodex indices, records of contacts, and contact lists from 1/1/01 through the present.

7. Any records relating to phone communication, including phones records, phone bills and toll records from 1/1/01 through the present and any cellphones, including >

devices used to operate' such cellphones more particularly described as chargers and , instruction manuals;

8. Any records relating to offsite storage facilities, more particularly described as contracts, receipts, keys, rental agreements, leases, landlord or owner information, notes, bills, and any letters of correspondence, where the above listed items may be stored from 1/1/01 through the present.

The terms "records," "documents," and "materials" include all of the items ' described in this Attachment in whatever form and by whatever means they may have been created or stored. This includes any handmade, photographic, mechanical, electrical, electronic, or magnetic forms. It also includes items in the form of computer hardware, software, documentation, passwords, or data security devices.

a. Computer Hardware

Computer hardware consists of all equipment which can collect, analyze, create, display, convert, store, conceal, or transmit electronic, magnetic, optical, or similar computer impulses or data. This includes any data-processing devices (such as central processing units, memory typewriters, and self-contained "laptop" or "notebook" computers); intemal and peripheral storage devices (such as fixed disks, external hard disks, floppy disk drives and diskettes, tape drives and tapes, optical storage devices, transistor-like binary devices, and other memory storage devices); peripheral input/output devices (such as keyboards, printers, scanners, plotters, video display monitors, and optical readers); related communications devices (such as 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 hardware (such as physical keys and locks).

b. Computer Software

Computer software is digital information which can be interpreted by a computer and any of its related components to direct the way it works. Software is stored in electronic, magnetic, optical, or other digital form. It commonly includes programs to run operating systems, applications (like word-processing, graphics, or spreadsheet programs, utilities, compilers, interpreters, and communications programs).

c. Computer-related ,Documentation '

. Computer-related documentation consists of written, recorded, printed, or electronically stored material which explains or illustrates how to configure or use computer hardware, software, or other related items.

d. Computer Passwords and Other Data Security Devices Computer passwords and other data security devices are designed to restrict access to or hide computer software, documentation, or data. Data security devices may I consist of hardware, software, or other programming code. A password (a string of alpha-numeric characters) usually operates as a sort of digital key to "unlock" particular data security devices. Data security hardware may include encryption devices, chips, and circuit boards. Data security software or digital code may include programming code that creates "test" keys or "hot'' keys, which perform certain pre-set security functions when touched. Data security software or code may also encrypt, compress, hide, or "booby-trap" protected data to make it inaccessible or unusable, as well as reverse the process to restore it.

A Special Agent specially trained in computer evidence recovery, in conjunction with other agents with specific knowledge of the investigation, shall supervise the orage devices and materials Every effort should be made to search or back-up the computers on site in order to minimize the impact on business operations. If an on-site search or imaging of the computer systems cannot be , digital media seized shall 1be returned tom or a representative thereof, within 30 days of the

The Special Agents may request the assistance of residents 091111111 f")n order to mizlimize the disruption and to focus the search on the appropriate computer(s). Should any residents assist the Special Agents, a Special Agent specially trained in electronic evidence recovery shall closely monitor the activity of the residents to ensure compliance with the search wanrant and to prevent destruction of evidence.