`
`SUPPLEMENTAL AFFIDAVIT
`
`2.
`
`3.
`
`I, Charles Chabalko, being duly sworn, hereby declare and state:
`I.
`I have been a Special Agent for the Federal Bureau of Investigation (FBI),
`assigned to the San Diego Field Office, since 2003. I have been on the Cyber
`squad since 2008. I am one of the case agents in the investigation and
`prosecution of the defendants in United States v. Bychak, 18cr4683-GPC.
`This investigation was opened by the San Diego Field Office of the FBI in
`February of 2014, following a referral from the Baltimore Field Office. The
`Baltimore Field Office had received information from Spamhaus that indicated
`that individuals later determined to be located in San Diego had hijacked IP
`addresses and were using them to send spam.
`I first met and interviewed the source of information at Spamhaus (SS) in June
`of2014. To the best of my knowledge, I was involved in every communication
`between the San Diego Field Office of the FBI and SS in this case. Since that
`time, neither I nor the FBI have directed SS to conduct any pro-active
`investigation in this case. Since that time, neither I nor the FBI have tacitly
`approved any actions taken by SS at SS's own initiative in this case.
`Specifically, neither I nor the FBI directed SS to obtain internal Company A
`documents on behalf of the FBI. Whenever SS mentioned a potential source of
`information, I asked SS to give my contact information to the potential source
`or provide me with hislher contact information so I could communicate directly
`with him/her.
`On October 12, 2017, SS sent me an email with a zip file attached entitled
`"Interesting Emails.zip." To the best of my knowledge, the zip file constituted
`the only occasion when I received from SS what SS represented to be internal
`Company A documents. Based on SS' s comment in a previous email that SS
`possessed some emails that
`involved an attorney,
`I contacted the U.S.
`Attorney's Office for advice prior to receiving the zip file. I asked SS to place
`
`4.
`
`5.
`
`
`
`Case 3:18-cr-04683-GPC Document 321 Filed 01/21/22 PageID.4123 Page 2 of 2
`
`

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