UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA SUPERSEDING INDICTMENT - v - I 81 17 Cr 548 PAC JOSHUA ADAM SCHULTE Defendant COUNT ONE Illegal Gathering of National Defense Information The Grand Jury charges 1 In or about 20l6 in the Eastern District of Virginia and elsewhere JOSHUA ADAM SCHULTE the defendant for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States or to the advantage of any foreign nation copied took made and obtained a sketch photograph photographic negative blueprint plan map model instrument appliance document writing or note connected with the national defense to wit SCHULTE took information the Classified Information maintained by an intelligence agency of the United States the Intelligence Agency which concerned among other things the intelligence gathering capabilities of the U S Intelligence Agency and which had been determined by the United States Government pursuant to an Executive Order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations for the purpose of providing it to and causing it to be provided to an organization that purports to publicly disseminate classified sensitive and confidential information Organization 1 which posted the Classified Information on the Internet Title 18 United States Code Sections 793 b and 2 COUNT TWO Illegal Transmission of Lawfully Possessed National Defense Information The Grand Jury further charges 2 In or about 2016 in the Eastern District of Virginia and elsewhere JOSHUA ADAM SCHULTE the defendant lawfully having possession of access to control over and being entrusted with information relating to the national defense to wit certain portions of the Classified Information which information the defendant had reason to believe could be used to the injury of the United States and to the advantage of a foreign nation did knowingly and willfully communicate deliver and transmit and cause to be communicated delivered and transmitted that aforesaid information to a person not entitled to receive it to wit Schulte caused the Classified Information to be transmitted to Organization 1 Title 18 United States Code Sections 793 d and 2 COUNT THREE Illegal Transmission of Unlawfully Possessed National Defense Information The Grand Jury further charges 3 In or about 2016 in the Eastern District of Virginia and elsewhere JOSHUA ADAM SCHULTE the defendant having unauthorized possession of access to and control over records containing information related to the national defense willfully retained the records and failed to deliver it to the officer or employee of the United States entitled to receive it and willfully transmitted the same to a person not entitled to receive it to wit SCHULTE retained a portion of the Classified Information to which he did not have lawful access and caused it to be transmitted to Organization l Title 18 United States Code Sections 793 e and 2 COUNT FOUR Unauthorized Access to a Computer To Obtain Classified Information The Grand Jury further charges 4 In or about 2016 JOSHUA ADAM SCHULTE the defendant in the Eastern District of Virginia and elsewhere knowingly accessed a computer without authorization and exceeded authorized access and thereby obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations or any restricted data as defined in paragraph of section 11 of the Atomic Energy Act of 1954 with reason to believe that such information so obtained could be used to the injury of the United States or to the advantage of any foreign nation willfully communicated delivered transmitted and caused to be communicated delivered or transmitted and attempted to communicate deliver transmit and caused to be communicated delivered or transmitted the same to any person not entitled to receive it and willfully retained the same and failed to deliver it to the officer or employee of the United States entitled to receive it to wit SCHULTE exceeded his authorized access on a computer to obtain the Classified Information and caused the Classified Information to be transmitted to Organization l which posted the Classified Information online Title 18 United States Code Sections 1030 a 1 and 2 COUNT FIVE Theft of Government Property The Grand Jury further charges 5 In or about 2016 in the Eastern District of Virginia and elsewhere JOSHUA ADAM SCHULTE the defendant did embezzle steal purloin and knowingly convert to his use vouchers money and things of value of the United States which exceeded the sum of $1 000 and did receive conceal and retain the same with intent to convert it to his own use and gain knowing it to have been embezzled stolen purloined and converted to wit SCHULTE unlawfully obtained the Classified Information Title 18 United States Code Sections 641 and 2 COUNT SIX Unauthorized Access of a Computer to Obtain Information from a Department or Agency of the United States The Grand Jury further charges 6 In or about 2016 in the Eastern District of Virginia and elsewhere JOSHUA ADAM SCHULTE the defendant intentionally accessed a computer without authorization and exceeded authorized access and thereby obtained information from a department or agency of the United States to wit SCHULTE accessed a computer without authorization and in excess of his authorization obtained the Classified Information belonging to the U18 Intelligence Agency Title 18 United States Code Sections 1030 a 2 B and 2 COUNT SEVEN Causing Transmission of a Harmful Computer Program Information Code or Command The Grand Jury further charges 7 From at least in or about March 2016 up to and including at least in or about June 2016 in the Eastern District of Virginia and elsewhere JOSHUA ADAM SCHULTE the idefendant knowingly caused the transmission of a program information code or command and as a result of such conduct intentionally caused damage without authorization to a protected computer to wit SCHULTE altered a computer system operated by the U S Intelligence Agency for the purpose of granting himself access to the system deleting records of his activities and denying others access to the system Title 18 United States Code Sections 1030 a 5 A and 2 COUNT Making False Statements The Grand jury further charges 8 From at least in or about March 2017 up to and including at least in or about November 2017 in the Southern District of New York and elsewhere JOSHUA ADAM SCHULTE the defendant in a matter within the jurisdiction of the executive branch of the government of the United States knowingly and willfully falsified concealed and covered up by any trick scheme and device a material fact and made materially false fictitious and fraudulent statements and representations to wit during an interview with among others representatives of the Federal Bureau of Investigation SCHULTE made misrepresentations in connection with the criminal conduct charged in Counts One through Seven of this Indictment Title 18 United States Code Section 1001 COUNT NINE Obstruction of Justice The Grand Jury further charges 9 From at least in or about March 2017 up to and including at least in or about November 2017 in the Southern District of New York and elsewhere JOSHUA ADAM SCHULTE the defendant did corruptly obstruct influence and impede and endeavored to obstruct influence and impede the due administration of justice in a federal grand jury in the Southern District of New York by making the material false statements charged in Count Eight of this Indictment Title 18 United States Code Section 1503 COUNT TEN Receipt of Child Pornography The Grand Jury further charges 10 From at least in or about 2009 up to and including at least in or about March 2017 in the Southern District of New York and elsewhere JOSHUA ADAM SCHULTE the defendant knowingly did receive and attempt to receive material that contained child pornography that had been mailed and using a means and facility of interstate and foreign commerce shipped and transported in and affecting interstate and foreign commerce by any means including by computer to wit SCHULTE downloaded from the Internet electronic files depicting child pornography Title 18 United States Code Sections and 2 COUNT ELEVEN Possession of Child Pornography The Grand Jury further charges 11 From at least in or about 2009 up to and including at least in or about March 2017 in the Southern District of New York and elsewhere JOSHUA ADAM SCHULTE the defendant knowingly did possess and aCcess with intent to view and attempt to possess and access with intent to view a book magazine periodical film videotape computer disk and other material that contained an image of child pornography that had been mailed shipped and transported using a means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce by any means including by computer and that was produced using materials that had been mailed shipped and transported in and affecting interstate and foreign commerce by any means including by computer to wit SCHULTE accessed with intent to view and possessed images and videos of child pornography at his residence in New York New York Title 18 United States Code Sections and 2 COUNT TWELVE Transportation of Child Pornography The Grand Jury further charges 12 In or about November 2016 in the Southern District of New York and elsewhere JOSHUA ADAM SCHULTE the defendant knowingly did mail and transport and ship using a means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce by any means including by computer child pornography to wit SCHULTE transported and caused to be transported from Virginia to New York New York a computer containing images and videos of child pornography Title 18 United States Code Section COUNT THIRTEEN Criminal Copyright Infringement The Grand Jury further charges 13 From at least in or about September 2015 up to and including at least in or about August 2017 in the Southern District of New York and elsewhere JOSHUA ADAM SCHULTE the defendant unlawfully willfully and knowingly did infringe copyrights by the reproduction and distribution including by electronic means and by making it available on a computer network accessible to members of the public during a ISO day period of ten and more copies and phonorecords of one and more copyrighted works which had a total retail value of more than $2 500 to wit without authorization SCHULTE maintained a computer server that housed thousands of copyrighted movies television shows and audio recordings which SCHULTE shared with others by electronic means and using the Internet Title 17 United States Code Section 506 a l A and Title 18 United States Code Section FO-RFE ITURE ALLEGATIONS 14 As a result of committing the offenses alleged in Counts One Two and Three of this Indictment JOSHUA ADAM SCHULTE the defendant shall forfeit to the United States pursuant to Title 18 United States Code Section 793 h any property constituting or derived from any proceeds the person obtained directly or indirectly from any foreign government or any faction or party or military or naval force within a foreign country whether recognized or unrecognized by the United States as the result of the commission of the offenses charged in Counts One Two and Three of this Indictment 15 As a result of committing the offenses alleged in Counts Four Six and Seven of this Indictment JOSHUA ADAM SCHULTE the defendant shall forfeit to the United States pursuant to Title 18 United States Code Section 1030 i any interest in any personal property that was used or intended to be used to commit or to facilitate the commission of the conduct alleged in Counts Four Six and Seven of this Indictment and any property real or personal constituting or derived from 10 any proceeds that SCHULTE obtained directly or indirectly as a result of the commission of the offenses charged in Counts Four Six and Seven of this Indictment 16 As a result of committing the offense charged in Count Five of this Indictment JOSHUA ADAM SCHULTE the defendant shall forfeit to the United States pursuant to 18 U S C 981 a 1 C and 28 U S C 2461 any property real or personal which constitutes or is derived from proceeds traceable to the commission of the offense charged in Count Five of the Indictment 17 As the result of committing the offenses alleged in Counts Ten Eleven and Twelve of this Indictment JOSHUA ADAM SCHULTE the defendant shall forfeit to the United States pursuant to Title 18 United States Code Section 2253 a any visual depiction described in the offenses set forth in Counts Ten through Twelve and any book magazine periodical film videotape or other matter which contains any such visual depiction which was produced transported mailed shipped or received in violation of Chapter 110 of Title 18 United States Code and any property real or personal constituting or traceable to gross profits or other proceeds obtained from such offenses and any property real or personal used or intended to be used to commit or to promote the commission of such offenses or any property traceable to such property 11 18 As a result of committing the criminal copyright infringement offense alleged in Count Thirteen of this Indictment JOSHUA ADAM SCHULTE the defendant shall forfeit to the United States pursuant to Title 18 United States Code Section 2323 b all articles made or trafficked as part of the commission of the offense all property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of offense and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of the offense including but not limited to United States currency representing the amount of proceeds obtained directly or indirectly as a result of the commission of the offense alleged in Count Thirteen Title 18 United States Code Sections 793 h 981 982 1030 1 2253 a 2323 b Title 21 United States Code Section 853 p and Title 28 United States Code Section 2461 Substitute Asset Provision 19 If any of the above described forfeitable property as a result of any act or omission of the defendant a cannot be located upon the exercise of due diligence b has been transferred or sold to or deposited with a third party c has been placed beyond the jurisdiction of the 12 court d has been substantially diminished in value or e has been commingled with other property which cannot be divided without difficulty it is the intent of the United States pursuant to Title 21 United States Code Section 853 p to seek forfeiture of any other property of the defendant up to the value of the forfeitable property described above Title 21 United States Code Section FOREPERSON GEOFFREYUS BERMAN United States Attorney 13 Form NO Ed 9 25 58 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA v- JOSHUA ADAM SCHULTE Defendant SUPERSEDING INDICTMENT SI 17 Cr 548 PAC l8 U S C 793 1030 2252A a l and 2252 a 5 B and and Section 2319 b l and 2 and Title 17 United States Code Section GEOFFREY S BERMAN United States Attorney Foreperson This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu