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There were three counts to Lakemoor teacher John Vastis' Criminal Complaint by Homeland Security Special Agent Michael Schuster:

Offense Description 1:  did knowingly use, persuade, induce, and entice a minor, namely, Minor A, to engage in sexually explicit conduct, namely, lascivious exhibition of Minor A’s genitals, for the purpose of producing a visual depiction of such conduct, which visual depiction was produced and transmitted using materials that had been mailed, shipped, and transported in interstate and foreign commerce and which visual depiction was transported or transmitted using any means or facility of interstate or foreign commerce

Offense Description 2:   did knowingly use, persuade, induce, and entice a minor, namely, Minor A, to engage in sexually explicit conduct, namely, lascivious exhibition of Minor A’s genitals, for the purpose of producing a visual depiction of such conduct, which visual depiction was produced and transmitted using materials that had been mailed, shipped, and transported in interstate and foreign commerce and which visual depiction was transported or transmitted using any means or facility of
interstate or foreign commerce.

Offense Description 3: knowingly received, and attempted to receive, material, namely, a video recording entitled “Movie on 7-13-14 at 1.32 AM.mov,” which contained images of child pornography as defined in Title 18, United States Code, Section 2256(8)(A), such images having been mailed,
shipped, and transported in interstate and foreign commerce by any means, including by computer.

Schuster's affidavit follows:

AFFIDAVIT

 I, MICHAEL A. SCHUSTER, being duly sworn, state as follows:

1. I am a Special Agent with Homeland Security Investigations. I have

been so employed since approximately 2006. My current responsibilities include the

investigation of fraud cases. In addition, I have received training in child

exploitation and child pornography investigations.

2. This affidavit is submitted in support of a criminal complaint alleging

that JOHN C. VASTIS, also known as “Pete,” has violated Title 18, United States

Code, Sections 2251(a) and 2252A(a)(2). The statements in this affidavit are based

in part on my personal knowledge, as well as information I have received from other

law enforcement personnel and from persons with knowledge regarding relevant

facts. Because this affidavit is being submitted for the limited purpose of

establishing probable cause in support of a criminal complaint charging VASTIS

with sexual exploitation of a child and receipt of child pornography, I have not

included each and every fact known to me concerning this investigation. I have set

forth only the facts that I believe are necessary to establish probable cause to

believe that the defendant committed the offense alleged in the complaint.

FACTS SUPPORTING PROBABLE CAUSE TO ARREST 

A. Background and Information Concerning “Minor A” 

3. On or about August 15, 2014, HSI Chicago Special Agents, Task Force

Officers, and officers from a local police department executed a State of Illinois

search warrant at the residence of an individual (“Minor A”) who was suspected of

possessing and distributing child pornography in violation of Illinois law. During

the execution of the state warrant, agents conducted a consensual interview of

Minor A, who admitted to distributing and receiving images of child pornography

through Skype. Based on Minor A’s admissions and a visual examination of Minor

A’s Illinois driver’s license, agents have determined that Minor A is currently 17

4. During the August 15 interview, Minor A admitted that, beginning in

September 2013 when Minor A was 16 years old, Minor A began communicating via

Skype and text messages with an adult subject he identified as “PETE.” As

discussed below, agents have since identified “PETE” as defendant VASTIS, who, as

explained below, lives at a residence (the “Lakemoor residence”) located in

Lakemoor, Illinois, a municipality within the Northern District of Illinois. During

the August 15 interview, Minor A provided agents with a telephone number for

“PETE”; the number was stored in Minor A’s cell phone under the heading “PETE

(Skype).” Also during the August 15 interview, Minor A claimed to have sent images

and videos of child pornography, including images of Minor A, to “PETE” via Skype.

B. Online Chats Between Minor A and “PETE”/VASTIS and VASTIS’s Receipt of Child Pornography via the Internet 

5. During the week of August 18, 2014, agents analyzed data obtained

pursuant to the execution of the state warrant from Minor A’s computer and cell

phone. Agents recovered over 3,200 lines of chat messages between Minor A and

“PETE” from Minor A’s computer. Excerpts of these chat messages are reproduced

below. FN1 For example, on September 4, 2013, at or around 22:25, the following chat

occurred between Minor A and “PETE”/VASTIS:

Minor A: “hey"

PETE: "saw ur addy on [a website]" [According to Minor A, he first

encountered “PETE” during an online visit to a website. Based

on information obtained from other sources, agents believe that

the relevant website has since been deactivated]

PETE: "how's it going?"

Minor A: "good, u?"

PETE: "good....what's up?"

Minor A: "not much"

Minor A: "trade?"

PETE: "I'm very new to this...trade what?"

Minor A: "vids and pics"

PETE: "I don't have anything like that...lke I said, very new to this"

Minor A: "of course, I understand"

PETE: "what kinds of ids and pics do u mean?"

PETE: "vids"

PETE: "still there??"

Minor A: "yea"

Minor A: "ummm"

= = = = =
FN 1 Certain portions containing expletives and other salacious material have been omitted

from the excerpted chat conversations reproduced below. The location of such omitted

material is marked by brackets.
= = = = =

Minor A: "you're from gg right?"

PETE: "not a registered member...just look at what anyone can see if

Minor A: "oh ok"

Minor A: "well, if you ever get registered"

Minor A: "you'll find out what I mean very fast"

PETE: "I'm nervous to do that...is it a monitored site?

Minor A: "idk"

PETE: "are u really 16?"

Minor A: "yea, but most people think I'm a cop"

PETE: "I will admit it crossed my mind...ur into older guys?

PETE: "?"

Minor A: "yes"

Minor A: "very much so"

PETE: "I'm 50"

Minor A: "nice"

PETE: "do u ever meet up for real or just like to chat and play online?"

Minor A: "haven't done either actually, I'm setting something up soon

 though"

PETE: "do you like chubby bear type guys?

Minor A: "to an extent"

PETE: "im 5'8", 245 broad chest n shoulders, nice legs n rear, big bellied

Minor A: "nicee"

Minor A: "I like"

Minor A: "can I see a pick?"

PETE: "can u go on cam here for a quick few seconds so I know ur not a

Minor A: "lol dude even if I was a cop I wouldn't bust you for anything,

PETE: "true"

PETE: "[email address omitted] contact me there and we can exchange

they go onto the site"

bear"

cop?"

you're not doing anything wrong"

pics"

6. On December 22, 2013, at or around 17:37, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "when do u turn 17?"

Minor A: "march"

PETE: "cool."

PETE: "maybe we could meet sometime. Maybe find a halfway point

Minor A: "absolutely"

Minor A: "can I see a picture of you?"

PETE: "how do you send it through here?"

Minor A: "push the + button next to the video call button in the top right"

Minor A: "then press send files"

PETE: "Screen shot 2013-12-22 at 5.40.57 PM.png" [Agents were unable to recover the file from

Minor A’s computer]

Minor A: "mmm hot"

PETE: "glad u like it"

PETE: "I'd love to meet you sometime but I will admit I'm nervous that

you might be a cop or something. If I could see u on cam I'd feel

less apprehensive about it"

you a pic of me doing it and that way I can prove im not a cop"

Minor A: "tell me what you want to see me doing in a photo and I'll send

PETE: "good idea"

PETE: "send me a pic of you giving me the finger. Lol"

Minor A: "lol if u say so"

Minor A: "photo on 12-22-13 at 5.46 PM.jpg" [The image depicts Minor A holding up his middle

finger]

PETE: "ok cool, I feel better about it now, thnx"

Minor A: "no problem"

PETE: "so do you think you'd really be up for meeting sometime?

Minor A: "hell yes"

7. On December 22, 2013, at or around 17:54, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "is [Minor A] your real name?"

Minor A: "no"

Minor A: "is your real name pete Thomas?"

PETE: "no"

Minor A: "lol"

PETE: "haha, u can't be too careful, right?"

PETE: "so e"

PETE: "here's the deal"

PETE: "I would like to maintain a consistent conversation with you but

for obvious reasons I'm nervous about it. Will u make it appoint

to check Skype more frequently so we can talk?"

Minor A: "I will especially over the break since theres no school"

PETE: "cool. Once I feel more comfortable, we can switch to texting....but id be careful of the things

I say in text"

PETE: "and id want you to be as well"

Minor A: "of course"

Minor A: "deleting messages"

Minor A: "only contacting as we need to"

PETE: "once ur 17, theres no problem. 17 is legal age of consent in

Illinois"

8. On January 3, 2014, at or around 22:27, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "send me a new pic. This time with no shirt on and sucking on your finger"

Minor A: "Photo on 1-3-14 at 10.27 PM.jpg" [The image depicts Minor A, nude from the waist up,

placing a finger in his mouth]

PETE: "damn, ur def real..at least I know that much...sure would love

to meet u for real"

9. On January 3, 2014, at or around 22:47, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "I got another pic request.....one finger on ur nipple, face and

chest in shot"

Minor A: "Photo on 1-3-14 at 10.47 PM #2.jpg" [The image depicts Minor A, nude from the waist up,

touching his nipple]

PETE: "damn, so hot"

Minor A: "haha thanks"

Minor A: "sorry if I look bad in some of these, I've been sick all day lol"

PETE: "u look awesome"

PETE: "hold on , gonna send u something"

PETE: "Screen shot 2014-01-03 at 10.49.59 PM.png" [Agents were unable to recover the file from

Minor A’s computer]

Minor A: "you're so hot"

PETE: "thnx bud, u 2"

PETE: "have I sent u a face pic yet?"

Minor A: "no"

PETE: "probably best to wait a while, the risk is so much worse for me

than for u"

10. On January 3, 2014, at or around 23:05, the following chat occurred

between Minor A and “PETE”/VASTIS:

Minor A: "do you have a video of yourself common [sic]?"

PETE: "no, do u?"

Minor A: "yes"

Minor A: "Movie on 12-12-13 at 12.46 AM.mov" [The video, which is

approximately one minute and six seconds in length, depicts

Minor A in the nude while masturbating. Minor A then appears

to ejaculate on his own face]

PETE: "oh really? Planning on sending it to me?"

PETE: "oh my [ ] god...that was smoking hot...ok, I completely trust

you now"

PETE: "I HAVE to meet you SOON!!!"

Minor A: "<ss type="kiss">:*</ss>"

Minor A: "I cant wait to see you"

PETE: "when did u film that?"

Minor A: "last month"

11. On January 3, 2014, at or around 23:32, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "thnx for the vid, super hot"

Minor A: "haha no problem"

Minor A: "I have others just like that"

PETE: "u do?"

Minor A: "oh yes"

Minor A: "like 5 or 6 more"

PETE: "send me at least 1 more right now...make me wait for the rest"

Minor A: "Movie on 11-30-13 at 3.45 AM.mov" [this video, approximately

PETE: "[ ] HOT!!! Nit u sexy boy"

12. On January 18, 2014, at or around 20:55, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "what r u wearing?"

Minor A: "everything haha, 2 shirts, pants, boxers, socks lol"

PETE: "why u covering up that hot body?"

Minor A: "haha I guess I'm just waiting for someone to help me take it all

PETE: "text me a pic fully dressed..to start with...or send it thru here”

47 seconds in length, depicts Minor A masturbating]

off <ss type="wink">:*</ss>"

Minor A: "photo on 1-18-14 at 9.00 PM.jpg" [The image depicts Minor A

PETE: "so cute"

PETE: "are u alone or are people?"

Minor A: "I can go into my room if I need to lol, I'm just watching tv"

Minor A: "but my parents are right upstairs"

PETE: "yeah, you'll need to...cuz each pic is gonna require one less

Minor A: "oh my god you really know how to get me goin <ss

PETE: "yeah, I like to take my time”

PETE: "I'm playful"

13. On January 18, 2014, at or around 21:13, the following chat occurred

between Minor A and “PETE”/VASTIS:

Minor A: "Photo on 1-18-14 at 9.12 PM.jpg" [The image depicts Minor A

sitting on a chair]

PETE: "nice...I like the way u take orders"

Minor A: "I am yours to control <ss type="smile">:*</ss>"

Minor A: "I like being dominated haha"

PETE: "so did u just leave the skype page ope while u were gone?"

Minor A: "yea, but it was in my room, nobody goes in my room"

PETE: "u do understand how extremely careful u need to be, right?"

14. On January 18, 2014, at or around 21:25, the following chat occurred

lying down on a bed, lifting up his shirt, exposing his stomach]

between Minor A and “PETE”/VASTIS:

PETE: "tell me the truth...are u really 15 and ur waiting for your

birthday for ur license?"

Minor A: "no dude, I'm 16 [ ]"

PETE: "ok,,,its fine...I would've kept talking if if u were....lol, no

worries"

piece of clothing at a time"

type="wink">:*</ss>"

15. On January 18, 2014, at or around 21:49, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "ready for another pic handsome?"

Minor A: "yes <ss type="smile">:*</ss>"

PETE: "same as the last one but lose the red shorts and leave the

underwear on"

Minor A: "those are my underwear lol"

PETE: "oh I thought that was a pair of shorts over another

pair...hmmmm..ok, lose em<ss type="wink">;)</ss>"

Minor A: "its about time <ss type="wink">;)</ss>"

Minor A: "Photo on 1-18-14 at 9.52 PM.jpg" [The image depicts Minor A,

PETE: "holy [ ]...you are amazing...all boy from the waist up, all man

from the waist down...so [ ] hot!"

PETE: "and I love the look in your eyes in that last one...like you're

laying down on a bed, nude, with his penis erect] saying, ‘come get me daddy’ "

16. On January 18, 2014, at or around 21:56, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "I need a pic of you lying on your tummy so I can see that sweet

[buttocks]"

Minor A: "Photo on 1-18-14 at 9.57 PM.jpg" [the image depicts Minor A,

laying down on his stomach, nude, with his buttocks exposed as

the focal point of the image]

PETE: "damn, it is ....PERFECT"

17. On January 18, 2014, at or around 22:03, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "when do u turn 17 again?"

Minor A: "march [xx]th"

PETE: "u think we should wait?"

Minor A: "nope”

PETE: "<ss type="smile">:)</ss>"

Minor A: "lets have a taste of the forbidden fruit"

Minor A: "while its still forbidden <ss type="wink">;)</ss>"

PETE: "I love that answer babe"

PETE: "and I agree"

18. On January 20, 2014, at or around 21:00, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "so...I gtg soon... ready for another pic?"

Minor A: "aww"

Minor A: "but sure"

PETE: "another sign...this one says ‘just for daddy’ and you gotta hold

it so it's blocking your [buttocks] ... ur on your knees facing

away from the camera but the pic shows your back including

your back head, back, and [buttocks]"

Minor A: "haha hold on, this'll take a while"

Minor A: "shirt on or off?"

PETE: "off of course"

Minor A: "haha <ss type="wink">;)</ss>"

Minor A: "underwear too?"

PETE: "NO!"

Minor A: "haha ok

Minor A: "gimme a sec"

PETE: "k"

Minor A: "Photo on 1-20-14 at 9.06 PM.jpg" [This image depicts Minor A,

standing with his back to the camera, wearing boxers, holding

up a sign with "just for daddy" written on it]

Minor A: "hope that was good enough haha"

PETE: "I like it...but the underwear was supposed to be off"

PETE: "do another one"

Minor A: "ok hold on"

Minor A: "Photo on 1-20-14 at 9.07 PM.jpg" [this image depicts Minor A,

standing with his back to the camera, nude, with his buttocks

showing, holding the sign, "just for daddy." The focal point of the

image is the sign and Minor A's buttocks.]

PETE: "mmm mmmm mmmmm...so nice baby!"

PETE: "you gotta remember me to shred that sign now"

19. On March 3, 2014, at or around 20:36, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "what u got on?"

Minor A: "naked, but I can dress up if you want me to"

PETE: "bi"

PETE: "typo"

PETE: "I was gonna say birthday suit sounds nice"

Minor A: "so no clothes on?"

PETE: "wrap a towel around ur waist...like u just got out of the

shower"

Minor A: "Photo on 3-3-14 at 8.38 PM.jpg" [The image depicts Minor A,

lying down on a bed, with nothing covering his upper body. A

towel is draped over his lower half]

PETE: "damn, I have missed that!!!!"

Minor A: "<ss type="kiss">:*</ss>"

PETE: "[ ] so tempting...before the 30th"

Minor A: "I know"

PETE: "yeah... I just wish there was some way you could assure me

that I'd never pay the price for it"

Minor A: "we could try my way and if anything seems weird, we can just

stop”

PETE: "u delete everything on here, right?"

Minor A: "yes sir"

PETE: "and never ever anything incriminating said thru texts"

Minor A: "yep"

20. On March 3, 2014, at or around 20:47, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "wrap that towel around your neck now, hanging on your chest"

Minor A: "[expletive term for penis omitted] in the pic?"

PETE: "yeah"

Minor A: "Photo on 3-3-14 at 8.48 pm.jpg" [this image depicts Minor A,

lying down on a bed, with a towel draped over his shoulders. In

the image, Minor A’s penis is exposed]

PETE: "nice boy! You take orders so nicely"

21. On March 12, 2014, at or around 19:51, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "are we still considering the 21st to the 24th?"

Minor A: "yep, sounds like the best deal

Minor A: "now, instead of me walking for like an hour to the hotel, why

don't you just pick me up a few blocks away from my house in a

remote location"

Minor A: "then we can spend some real time together"

PETE: "idk, makes me uncomfortable to be honest"

Minor A: "pleaseeeeee"

PETE: "honestly, idk. Have to give it some thought. Even tho we've

been talking and u have sent specific pics, I still have this fear

that ur an undercover cop or something like that

Minor A: "what can I do to convince you otherwise?"

PETE: "I don't know. If I knew ur real name maybe...or saw a school id

with ur name blacked out if u want

Minor A: "alright, but my hair's different than it is now, I probably don't

even look that similar, but I can try to find it"

Minor A: "gimme a moment"

PETE: "k"

Minor A: "meanwhile, think of some nice positions I can model for you <ss

PETE: “standing with only a button shirt on...unbuttoned almost all

Minor A: "photo on 3-12-14 at 8.58 PM.jpg" [This image depicts Minor A

holding his school ID, which shows Minor A’s name and school]
Minor A: "photo on 3-12-14 at 8.58 PM #3.jpg" [This image depicts Minor

A’s school ID].

PETE: "so your name is [Minor A’s name]"

Minor A: "yes sir"

PETE: "I got to tell you, I really appreciate you sending that, I def.

believe ur for real now"

Minor A: "haha yay <ss type="smile">:)</ss>"

PETE: "and I want you to know that I won't in any way abuse that

information, I promise

Minor A: "I trust you"

Minor A: "it sounds weird to say, but I definitely trust you"

PETE: "I need to know that no matter what, you would never ever tell

type="smile">:)</ss>" another living soul about this between us...no matter how u feel

about it down the live as u get older"

the way down but not completely"

Minor A: "Photo on 3-12-14 at 9.04 PM.jpg" [this image depicts Minor A,

wearing a black shirt, holding his exposed penis]

Minor A: "absolutely"

Minor A: "I won't tell anyone"

22. On March 12, 2014, at or around 20:31, the following chat occurred

between Minor A and “PETE”/VASTIS:

Minor A: "Movie on 5-20-13 at 6.45 PM.mov" [The video, which is

approximately one minute and five seconds long, depicts Minor

A inserting a pepper into his anus]

PETE: "wow, u just recorded that right now???"

Minor A: "nope just had that on my computer lol"

PETE: "haha, ok... u r so naughty. I love it that the world sees u as

this clan cut nice kid...If they only knew what I know"

PETE: "clean*"

23. On April 5, 2014, at or around 23:36, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "take of picture of yourself in them...tugging the waistband

down just a tiny bit"

Minor A: "my [colloquial term for penis] is hanging out bc they're so tight"

PETE: "haha, ok"

Minor A: "Photo on 4-6-14 at 12.36 AM. jpg" [The image depicts Minor A,

nude from the waist up, lying down on a bed. The head of Minor

A’s penis is visible coming out of Minor A’s underwear]

PETE: I can't believe ur really 17...I swear u look like ur 14 or so"

24. On April 5, 2014, at or around 23:59 and continuing into early morning

April 6, 2014, the following chat occurred between Minor A and “PETE”/VASTIS:

Minor A: "any more poses daddy?"

PETE: "surprise me this time"

Minor A: "Photo on 4-6-14 at 1.01AM.jpg" [The image depicts Minor A,

spreading his buttocks and exposing his anus, which is the focal

point of the image]

PETE: "wow!!!"

Minor A: "<ss type="smile">:)</ss>"

PETE: "I mean... WOW WOW WOW!!!"

25. On April 6, 2014, at or around 00:12, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "can't wait...send me another surprise"

Minor A: "Photo on 4-6-14 at 1.12 AM #3.jpg" [The image depicts Minor A,

nude, from the side and bending over. Minor A’s genitals and

buttocks are not visible]

Minor A: "Photo on 4-6-14 at 1.12 AM #2.jpg" [The image depicts Minor A,

nude, from the side and bending over. Minor A’s genitals and buttocks are not visible]

Minor A: "Photo on 4-6-14 at 1.12 AM.jpg" [The image depicts Minor A,

nude, from the side and bending over. Minor A’s erect penis is

visible]

PETE: "wow, so hot, are u a gymnast"

26. On April 20, at or around 21:53, the following chat occurred between

Minor A and “PETE”/VASTIS:

Minor A: "if I sent you a video that may or may not be legal, would you

mind? Its technically child pornography [ ]

Minor A: "15.wmv" [Agents were unable to recover the file from Minor A’s

computer]

Minor A: "you can delete it right after if you want"

PETE: "I feel really nervous to even open it. I hear all sorts of stories

about guys getting in huge trouble for that kind of thing"

Minor A: "just delete it right after"

Minor A: "its hot"

PETE: "describe it to me first, what's the approx age?"

Minor A: [Following agents’ analysis of the data and conversion into

spreadsheet format, the numbers provided by Minor A during

this chat were converted to a date format of “9/11/14”; agents

believe, however, that Minor A told “PETE” that the child

depicted in the video described by Minor A was 9-11 years old]

PETE: "where did u find something like that?"

Minor A: "I traded with someone for it"

PETE: "what do u give in return? Where do u guys find stuff like this?"

Minor A: "idk"

Minor A: "I just do favors for him"

Minor A: "like sending my nudes lol"

PETE: "damn I'm so tempted"

Minor A: "lol just do it"

Minor A: "and delete it right after it"

PETE: "hold on"

PETE: "says it may be an application downloaded form [sic] [internet.

Minor A: "yea, that's the app that runs the movie"

PETE: "ur certain I can't get in trouble for this if I delete it right away?

Minor A: "lol no"

PETE: "says it can't be opened"

Minor A: "oh ok, well then don't worry about it"

PETE: "why do u suppose I can't open it?"

Minor A: "idk, id have to look more into it"

Minor A: "I can show you a screenshot if you want"

PETE: "yeah"

Minor A: "Screen Shot 2014-4-20 at 11.00.47 PM.png" [Agents were

PETE: "[ ] hot"

Minor A: "told you"

PETE: "I think younger than u said tho"

Minor A: "really?"

Minor A: "any more pics you want from me? Anything at all"

PETE: "wish I could see the movie now"

Minor A: "Screen Shot 2014-4-20 at 11.03.39 PM.png" [Agents were

unable to recover the file from Minor A’s computer]

Minor A: "man [****]ing 9 year old boy"

Minor A: "cute"

Minor A: [ ]

PETE: "same film or different one?"

Minor A: "different"

PETE: "try sending that film"

Minor A: "video4.wmv" [Agents were unable to recover the file from Minor

A’s computer]

PETE: "nope, same message"

Minor A: "sorry, maybe ill show you one day"

Asking if I'm sure about opening it.

"Can't be traced back"

unable to recover the file from Minor A’s computer]

Minor A: "I have a lot of videos"

PETE: "take a screen shot of that last one that shows the boy"

Minor A: "it doesn't show him"

Minor A: "they like to protect the kids"

PETE: "I see"

PETE: "ok, last oil from u...sitting on your knees, back to the camera,

PETE: "pic"

Minor A: "but I want to do more than that"

Minor A: "something sexy"

Minor A: "anything"

Minor A: "something extreme"

PETE: "surprise me then"

Minor A: "Photo on 4-20-14 at 11.10 PM.jpg" [The image depicts Minor A

underwear off, turn ur face and smile at the camera"

bending over with his anus exposed. A foreign object has been

inserted into Minor A's rectum]

PETE: "haha, feel good son?"

Minor A: "better than good, dad"

PETE: "I think u need my [expletive term for penis] in there instead"

27. On April 20, 2014, at or around 22:27, the following chat occurred

between Minor A and “PETE”/VASTIS:

Minor A: "one more pic before I go?

PETE: "yeah, surprise me"

PETE: "and assure me once again that u completely delete these

conversations"

Minor A: "Photo on 4-20-14 at 11.28 PM.jpg" [The image depicts Minor A,

bending over and facing away from the camera. Minor A is

spreading his buttocks and exposing his anus]

Minor A: "yea of cousse"

Minor A: "course"

PETE: "great pic"

PETE: "and yeah, bring the laptop, we gonna have an interesting

time...nit, talk again soon"

28. On April 23, 2014, at or around 21:26, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "so u have lots of that kind of stuff? Aren't u worried you'll be

Minor A: "I'm careful"

Minor A: "but yes I have a lot of it lol"

PETE: "no danger in me receiving screenshots like us sent, right?"

Minor A: "not if you delete it"

PETE: "yeah I did"

Minor A: "ok, you're fin e"

PETE: "u should surprise me with another one"

Minor A: "Screen Shot 2014-4-23 at 10.29.45 PM.png" [Agents were

PETE: "cool... how old do u suppose that one is?"

Minor A: "not sure, could be 9, could be 11"

Minor A: "can't really tell"

PETE: "hard to believe that stuff really happens"

29. On April 23, 2014, at or around 21:52, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "back to cam, [buttocks] showing, head turned toward the cam,

blow daddy a kiss"

Minor A: "Photo on 4-23-14 at 10.52 PM.jpg" [The image depicts Minor A,

bending over and away from the camera, looking back towards

the camera. He is making a motion like blowing a kiss. The top

half of his buttocks are visible]

caught with it?

unable to recover the file from Minor A’s computer]
PETE: "[ ] YES!!!! NICE!!!

30. On May 15, 2014, at or around 17:32, the following chat occurred

between Minor A and “PETE”/VASTIS:

Minor A: "what do you do?"

PETE: "I thought u knew"

Minor A: "nope"

PETE: "am I talking to the right person? Lol"

Minor A: "lol yes"

Minor A: "idk maybe you told me, I probably forgot"

PETE: "teach"

Minor A: "really? What do you teach?"

PETE: "wait a sec... send me a quick pic, I want to make sure no one is

on your computer"

Minor A: "omg fine"

Minor A: "Photo on 4-20-14 at 11.28 PM.jpg" [The image depicts Minor A

bending over and facing away from the camera. Minor A is

spreading his buttocks, exposing his anus]

Minor A: "you've never told me what you teach"

Minor A: "you said it was private"

PETE: "I teach 5th and 6th grade"

Minor A: "6th grade what?"

Minor A: "what class"

PETE: "public speaking"

31. On May 15, 2014, at or around 18:26, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "got any new interesting pics to send my way?"

Minor A: "of me?"

PETE: "well yeah, but I mean from your hobby"

Minor A: "oh ok"

Minor A: "gimme a sec"

Minor A: "_FO9ZC0X2.jpg" [Agents were unable to recover the file from

Minor A’s computer]
PETE: "nice"

32. On May 15, 2014, at or around 18:44, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "now, flex one arm while ur other hand is on ur [penis]"

Minor A: "Photo on 5-15-14 at 7.44 PM.jpg" [The image depicts Minor A,

bending over and away from the camera, exposing his buttocks

and testicles]

PETE: "awesome"

PETE: "[buttocks] shot, don't spread cheeks tho"

Minor A: "Photo on 5-15-14 at 7.47 PM.jpg" [The image depicts Minor A,

curling his left arm, while his right hand holds his erect penis]

PETE: "nice"

33. On June 19, 2014, at or around 13:19, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "did your reading get u all horned up?"

Minor A: "hell yea it did"

PETE: "yeah me too... I soooo need a boy right now"

Minor A: "I just need someone to dominate me rn"

PETE: "year, that's exactly what I'm in the mood to do

34. On July 12, 2014, at or around 22:19, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "next pic... standing... underwear off... let me see my boy's

sweet [buttocks]"

Minor A: "Photo on 7-12-14 at 11.20 PM.jpg" [The image depicts Minor A,

standing and facing away from the camera, nude from the legs

up. His buttocks are exposed]

PETE: "nice, again now but with your arms and hands down to your

side"

Minor A: "Photo on 7/12/14 at 11.22 PM.jpg" [The image also depicts

Minor A, standing and facing away from the camera, nude from

the legs up. Minor A’s buttocks are exposed]

PETE: "very very nice"

PETE: "are u feeling good about this boy?

Minor A: "hell yes daddy"

PETE: "show me, turn around and let me see for myself"

Minor A: "Photo on 7-12-14 at 11.25 PM.jpg" [The image depicts Minor A,

standing at a 90 degree angle to the camera, nude from the legs

up, holding his erect penis]

PETE: "HOT!!!! Damn"

PETE: "ur getting hotter all the time son"

35. On July 13, 2014, at or around 00:07, the following chat occurred

between Minor A and “PETE”/VASTIS:

Minor A: "Movie on 7-13-14 at 1.32 AM.mov" [The video, which is

[graphic discussion of Minor A masturbating omitted]

approximately one minute and fifty-two seconds in length,

depicts Minor A masturbating]

PETE: "don't leave, wait till I view it"

PETE: "HOLY [ ]!!!!"

PETE: "are u here?"

Minor A: "I told you"

PETE: "SO [ ] HOT. Yeah, I [ ] trust u kid... u deliver!"

36. On July 13, 2014, at or around 21:05, the following chat occurred

between Minor A and “PETE”/VASTIS:

Minor A: "I got some pics you might like <ss type="wink">;)</ss>"

Minor A: "I traded people for some kiddie porn lol"

PETE: "Send thru here like u did a while back"

Minor A: "042424k7ifz6wqq2ap62re.jpg" [Agents were unable to recover

PETE: "jesus, what the hell? How old do u think he is?"

[ ]

37. On July 13, 2014, at or around 21:12, the following chat occurred

between Minor A and “PETE”/VASTIS:

PETE: "had an interesting cam session today"

Minor A: "really?"

Minor A: "tell me about it"

PETE: "13"

Minor A: "mmm"

Minor A: "what did you make him do?"

PETE: "didn't have to...he volunteered it all"

PETE: "just basically watched him [masturbate]"

Minor A: "what did he do?"

PETE: "did you take screenshots?"

PETE: "no"

PETE: "never even occurred to me, sorry"

Minor A: "aww <ss type="sad">:(</ss>"

PETE: "had a similar one a few weeks ago, used mic with that

one...said 15 but think he was younger...hottest moo I ever

played on cam with"

the file from Minor A’s computer]

C. Identification of “PETE” as Defendant VASTIS 

38. Based on my training and experience, and the experience of others

with whom I have consulted, I understand that an internet protocol address is

unique to a particular computer or residence during an online session. The IP

address provides a unique locator, making it possible for data to be transferred

between computers. Each time an individual accesses the Internet, the computer

from which that individual initiates access is assigned an IP address. A central

authority provides each Internet Service Provider with a limited block of IP

addresses for use by that ISP’s customers or subscribers. Many ISPs employ

dynamic IP addressing; in other words, they allocate an unused IP address each

time a customer or subscriber accesses the Internet. The ISP logs the date, time,

and duration of the Internet session for each IP address and can identify from these

records the user of that IP address for a particular session.

39. Typically, home users of the internet are assigned an IP address from

a pool of IP addresses for the duration of a session. In the case of dial-up modems, a

user’s IP address is released when the user’s computer disconnects from the

telephone service, and that IP address is available for others to use. In the case of

cable modems or DSL service, an IP address is commonly held by a user for a longer

period of time, from days to months, until the provider chooses to change it. Some

services use static addressing, where an IP address is permanently assigned to a

specific computer and is difficult to change

40. On or about August 25, 2014, pursuant to an administrative subpoena,

an ISP disclosed IP addresses pertaining to the Skype-based chat logs summarized

above that occurred on or about April 6, 2014; May 18, 2014; June 17, 2014; July 13,

2014; July 14, 2014, July 17, 2014, and August 14, 2014. According to the

information provided by the ISP, all of the IP addresses associated with the

relevant chat logs were assigned to the ISP account of Subject A, an individual who,

as described below, resides at the Lakemoor residence along with VASTIS.

41. Based upon agents’ searches of public databases, Subject A appears to

be the spouse of VASTIS and resides at the Lakemoor residence. In addition, based

upon those same searches of public databases, agents have determined that

VASTIS’s date of birth is consistent with the age provided by “PETE” during the

chats excerpted above. In addition, a review by agents of VASTIS’s Illinois Driver’s

License information and photograph revealed that VASTIS appears to be a white

male who has brown hair, brown eyes, is 5' 9" tall, weighs approximately 235 lbs.,

and resides at the Lakemoor residence. These biographical measurements are

consistent with the physical self-description provided by “PETE” during one of the

chats listed above that occurred on September 4, 2013.

42. A search of open sources on the internet also revealed that VASTIS is a

teacher at Meridian Middle School in Buffalo Grove, Illinois, which is consistent

with “PETE”’s reference in paragraph 30 to teaching fifth and sixth graders.

43. After reviewing the photograph associated with VASTIS’s Illinois

Driver’s License, an HSI Computer Forensic agent searched the images on Minor

A’s telephone pursuant to the state warrant. During that search, the agent located

at least two different photographs of VASTIS, both of which depict VASTIS in the

nude, apparently lying down, with his penis exposed. Those images were received

by Minor A’s telephone on or about July 30, 2014. Both the HSI Computer Forensic

Agent and another agent have compared these images with VASTIS’s Illinois

Driver’s License photograph and have concluded that the images depict VASTIS.

44. In addition, during surveillance on August 26 and 27, 2014, HSI

agents and Task Force officers compared VASTIS’s Illinois Driver’s License

photograph to the appearance of a person seen entering and exiting the Lakemoor

residence and have concluded that the person entering and exiting was VASTIS.

45. Also on August 25, 2014, at approximately 17:50 hours, an HSI

Chicago Task Force officer performed surveillance of the Lakemoor residence.

Located in the driveway of the residence was a maroon Honda Civic bearing an

Illinois license plate registered in the name of VASTIS at the Lakemoor residence.

46. Based on the foregoing information, in combination with the

information "PETE" provided about himself in the chat logs summarized above, I

respectfully submit that VASTIS and "PETE" are the same individual who resides

at the Lakemoor residence.

D. Information Concerning Minor A’s Computer 

47. Agents have examined the computer that Minor A used to

communicate with VASTIS via Skype. Based on that examination, agents

determined that the computer is an Apple “Macintosh Pro” Model A1278 that,

according to a label affixed to the computer, was made in China.

CONCLUSION 

48. Based on the foregoing, I respectfully submit that probable cause

exists to believe that VASTIS has violated Title 18, United States Code, Sections

2251(a) and 2252A(a)(2), in that VASTIS (a) used, persuaded, induced, and enticed

a minor under the age of eighteen with the intent that the minor engage in sexually

explicit conduct for the purpose of producing visual depictions of such conduct,

which visual depictions were produced and transmitted using materials that had

been mailed, shipped, and transported in interstate and foreign commerce and

which visual depictions were transported or transmitted using any means or facility

of interstate or foreign commerce; and (b) knowingly received, and attempted to

receive, material that contained images of child pornography, such images having

been mailed, shipped, and transported in interstate and foreign commerce by any

means, including by computer.

FURTHER AFFIANT SAYETH NOT.



MICHAEL A. SCHUSTER

Special Agent

Homeland Security Investigations

SUBSCRIBED AND SWORN to before me on August 27, 2014.

SONDRA MATTERNESS, )
 )
 Plaintiff, )
 )
v. ) No. 14 cv 50051
 )
ANDREW ZINKE, )
 )
 Defendant. )
NOW COMES the Plaintiff, SONDRA MATTERNESS, by and through her attorney,
ROBERT T. HANLON for her response to Defendant’s Motion to Dismiss (hereinafter referred
to as “Defendant’s Motion”) (Docket #15), and states as follows:


Defendant, Andrew Zinke, advances a Motion to Dismiss and specifically fails to provide
the obligatory and contrary authority of this Court related to the interpretation of the Drivers
Privacy Protection Act and specifically attempts to malign the Plaintiff’s complaint for erroneous
and false reasons. As an example, in Defendant’s initial footnote #1Defendant claims that “as a
preliminary matter the complaint is in violation of F.R.C.P. 8(a)(2)” because it purportedly fails
to include a short and plain statement of the claim. Defendant must have failed to read paragraph
#1 of Plaintiff’s Complaint because that paragraph is directly on point to the requirement of
F.R.C.P. 8(a)(2) in that paragraph provides the statement Defendant alleges is absent. Perhaps
the Defendant was confused by the clear and plain statement contained in said paragraph 1 and
the heading immediately above paragraph #1 “Nature of Action”.

Fortunately, this Court has the unique opportunity to see the lack of good faith required
before this Court on behalf of defendant’s counsel. But see section 1927. In particular,
Defendant served a Safe Harbor Letter and a draft Motion pursuant to Rule 11, and subsequently
failed to file the Motion despite the lapse of the rules’ 21 day timeframe. This may be explained
by the fact that Defendant has now admitted running Plaintiff’s license plate and obtaining her
name and personal information as defined by the DPPA for his personal purposes as a result of
discovery ordered by this Court to allow Plaintiff’s counsel to assess Defendant’s erroneous Rule
11 motion. As explained in Plaintiff’s drafted Response to Defendant’s Rule 11 Motion, the
subject complaint sets forth adequate facts to allege a cause of action under the Drivers Privacy
Protection Act as well as the claimed for omission of an improper use..


A. Plaintiff Meets the Standard of Pleading Required under Rule 8. 

F.R.C.P. 8 sets forth three requirements for pleading a federal cause of action. Each
exists within Plaintiff’s complaint. That is there is:

1) a short and plain statement of the grounds for the court’s jurisdiction. See paragraph 2 immediately under “Jurisdiction, Venue and Parties”

2) there is a short and plain statement of the claim showing that the pleader is entitled to
relief. (Despite Defendant’s contention, see Paragraph 1 immediately under Nature of Actions.)
and

3) a demand for relief. See the paragraph beginning immediately with the words
“Wherefore, Plaintiff demands judgment on her behalf” appearing immediately after enumerated
paragraph 30, page 8 of the complaint before the requested relief. Thus, in the subject case, the
general rules of pleading are satisfied by the Complaint as required generally by F.R.C.P. 8.

Here, in the Seventh Circuit, pleading requires more than a recital of the elements.
However, Plaintiff believes that she has plead a cause of action under the DPPA, and if need be
can amend the complaint to reflect Defendant’s use of Plaintiff’s personal information for an
unauthorized purpose or use. Defendant claims that the allegations in the complaint are not
sufficient to support a claim because Plaintiff does not allege the Defendant used the information
for an impermissible purpose. Defendant again fails to read the complaint or attempts to mislead
this Court as to the substance of the Plaintiff’s Complaint. See paragraph 24 of Plaintiff’s
complaint wherein it specifically alleges:

24 Defendant has obtained, disclosed FN 1 and used personal information from a motor
vehicle record for purposes not permitted under the DPPA, including but not limited to
the following: 

 = = = = =
FN 1  Note the use of the word “and”. With respect to the term “used”.
= = = = =
A number of items are plead thereafter within the complaint supporting that an
impermissible use took place.

Accordingly, Plaintiff did in fact plead an impermissible use and alleged facts supporting
that Defendant had an impermissible use. Additionally, Defendant Zinke is in possession of the
facts necessary for the particularity Defendant contends is missing. He has yet to fully testify.
This is why Courts require allegations and facts to place the allegations in context. Here,
Plaintiff articulated in the complaint that the Defendant was upset with being served a simple
subpoena and that is why he ran Plaintiff’s license plate. This is what was alleged in the
complaint and that is not a permissible use of LEADS. Thus, when viewed in the context of the
Defendant’s behavior, the Court can readily see that Zinke ran Plaintiff’s motor vehicle plate out
of personal curiosity or personal anger and not for any governmental use of Plaintiff’s personal
information. (Plaintiff intends to seek leave to file an amended complaint with the allegations
and admissions of Defendant as well as a Motion for Summary Judgment based on responses to
discovery allowed for the purpose of responding to Defendant’s Safe Harbor Letter.)

B. Defendant’s Far Away Authority 

Defendant cites to several cases in far off districts omitting his duty to disclose contrary
authority in this District. Namely, this Court rendered an opinion with regard to the elements
necessary for establishing a cause of action for wrongful obtainment under the DPPA. As this
Court pointed out in Barker v Local 150, IUOE,

 “a private right of action does not lie under § 2724(a) [of the DPPA]
based on knowing obtainment of a ‘motor vehicle record’ for a purpose
not permitted by the DPPA absent the additional showing that ‘personal
information’ was obtained from that record.” Barker v. Int'l Union of
Operating Eng'rs, Local 150, 641 F.Supp.2d 698, 706 (N.D.Ill.2009). 

Even though this authority exists, Defendant ignors the authority set forth in Barker in an
effort to malign Plaintiff’s Counsel and the Complaint and force the Plaintiff to incur the cost of
responding to Defendant’s motion, Defendant looks to distant district court cases. In fact,
Plaintiff’s counsel relied upon the authority of this Court in Barker in framing the subject
complaint.

A Motion to Dismiss under 12(b)(6) tests legal sufficiency to allow a trial court to terminate
lawsuits that are fatally flawed in their legal premises and destined to fail thus spare litigants the
burdens of litigation. See Advanced Cardio sys. Inc., v Scimed Life Systems, Inc.,988 F2d 1157 116
(Fed Cir. 1993), PortAuthority of New York, et al v Arcadian Corp, 189 F3d 305 (3rd Cir 1999). To
survive a motion to dismiss under Rule 12(b)(6), a complaint must contain sufficient factual
matter, accepted as true, to “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal,
556 U.S. 662, 129 S. Ct. 1937, 1949, 173 L. Ed.2d 868 (2009). Not only has plaintiff alleged
facts that as accepted as true state a claim for relief under the DPPA.

As will be shown Plaintiff’s complaint is not fatally flawed because the Defendant has since
admitted that he 1) Ran Plaintiffs’ license plate, (Ex A page 11, lines 21-24) 2) that Defendant
obtained plaintiff’s personal information including Plaintiff’s name from his leads inquiry(Ex A
page 12, lines 12-18 and 3) that no crime had been committed, 4) that his stated reasons for
running the Plaintiff’s plate were not permitted uses. See Exhibit A.

Plaintiff brings her claims under the Drivers Privacy Protection Act (“DPPA”) as this
Court previously interpreted a private cause of action arising under the improper obtaining of
personal information from a motor vehicle record. See Barker 641 F. Supp.2d 698, 706.
Likewise, Plaintiff has a cause of action for unlawful using of personal information from a motor
vehicle record.

Although, Defendant fails to recognize the disjunctive nature of the language of the
DPPA, it is clear that the DPPA provides separate causes of action for wrongful obtainment,
wrongful disclosure and wrongful use. See Drivers Privacy Protection Act 18 U.S.C. 2724 and
Barker 641 F.Supp.2d 698, 706. If there was no disjunctive language, then the court’s decision
in Barker would not be logical. Importantly, the statute uses the term “or” within the statute. In
an attempt by the defendant to substitute its revisionary judgment for that of this court, the
Defendant seeks to redefine the language of the DPPA.

C. Nature of Plaintiff’s Claims Under the Drivers Privacy Protection Act

Plaintiff has plead a cause of action under the DPPA against the Defendant alleging that
the Defendant used the Law Enforcement Agencies Database System to unlawfully obtain
personal information of the Plaintiff for an impermissible use. This is exactly what was pled and
what the Deposition of Andrew Zinke produced by way of his admissions. See Exhibit A. In
fact, the reason provided by Defendant in his deposition as to why he ran the Plaintiff’s license

plate was, in pertinent part:

“I wanted to know if the name was familiar to me” Ex A Page 53, “…I wanted to find out
what she was doing.” (exhibit A Pg 18, lines 23-24. (the “She” referencing the person delivering
the subpoena.) See Exhibit A Pg 18.

Clearly, Defendant ZINKE knew what that person was doing, he was present because he
witnessed it and he received a subpoena as alleged in the complaint. Additionally, ZINKE
acknowledged that he was not aware of the commission of any crime when he was served with
the subpoena. (See Exhibit A (ZINKE Deposition) as Exhibit A page 20 lines 1-6); It was
ZINKE’s personal desire to discover the identity of the individual serving him the subpoena.
(See Exhibit A, Zinke Dep at pages 18 & 53.) ZINKE admits that he was served at 7:00pm
(Exhibit A, Pg 11 – 12). Thus, the defendant knew full well that he was served with a subpoena
as alleged in the complaint. Importantly, Plaintiff’s complaint is not fatally flawed under
Advanced Cardio sys. Inc., 988 F2d 1157 116 (Fed Cir. 1993).

Claims under the DPPA sound only in the name of the person whose name appears in the
motor vehicle record. See Barker v Local 150, IUOE, et al., 2011 WL 6338800. The plate
number is associated with the owner of the vehicle, not the driver. Thus, only a registered owner
whose name was improperly obtained has a claim under the DPPA. Barker v Local 150, IUOE,
et al., 2011 WL 6338800. This is exactly what Plaintiff pled and Defendant has now admitted.

D. Complaint Description of Events Preceding the Running of Plaintiff’s Plate

Defendant attempts to allege that plaintiff did not allege an unlawful use. This is simply
not true. Plaintiff alleges an unlawful use and backs up that allegation with factual allegations of
the events surrounding the Defendant running of Plaintiff’s Motor vehicle record (plate).
Plaintiff correctly stated that Defendant ran into the street to take down Plaintiff’s license plate
number. ZINKE’s behavior was the key to connecting his running Plaintiff’s plate in context,
not as a law enforcement officer, but as a petty childlike actor that was having a tantrum over
being served with a simple subpoena. Defendant’s Motion to Dismiss ignors the facts alleged in
context to show that no legitimate use under the DPPA exists. Although, Defendant invites this
Court to take a leap of faith that an impermissible use was not pled, the facts associated with the
events and circumstances surrounding the running of Plaintiff’s plate show that Defendant Zinke
had no lawful use of the information obtained from the LEADS system.

In light of the facts alleged in the complaint, a cause of action has been established under
the DPPA.

“[U]nsupported and underdeveloped arguments are waived.” United States v. Turcotte, 405
F.3d 515 (7th Cir.2005). In this case, as has been explained above, Defendant lobs terms about
and without regard to providing adequate information to Plaintiff’s counsel. This is why
Unsupported or underdeveloped arguments are waived. Because ZINKE fails to articulate
complete coherent argument as to why the subject complaint is purportedly defective or what
allegation is inadequate or insufficient, this court ought to deny the Defendant’s Motion to
Dismiss. Thus, Plaintiff’s entire motion is underdeveloped and therefore waived.
Wherefore, Plaintiff Sandra Matterness prays that this Court deny Defendant’s Motion to
Dismiss o wrongfully advanced in this court, or in the alternative that she be granted leave to
amend the Complaint.