Timothy Foster is accused of violating federal law by using false pretenses to enter secured areas of Eppley Airfield in Omaha, Nebraska over a six week period. The complaint alleges that Foster, a former employee of SkyWest Airlines who was terminated, falsely claimed to be a part-time United Airlines employee in order to gain access to restricted areas and proprietary computer systems through an escort provided by a United gate agent. An investigation found that Foster was never issued the airport identification badges he was observed wearing, including one from Portland International Airport, and likely used fraudulent identification to circumvent security at Eppley Airfield on multiple occasions.
Timothy Foster is accused of violating federal law by using false pretenses to enter secured areas of Eppley Airfield in Omaha, Nebraska over a six week period. The complaint alleges that Foster, a former employee of SkyWest Airlines who was terminated, falsely claimed to be a part-time United Airlines employee in order to gain access to restricted areas and proprietary computer systems through an escort provided by a United gate agent. An investigation found that Foster was never issued the airport identification badges he was observed wearing, including one from Portland International Airport, and likely used fraudulent identification to circumvent security at Eppley Airfield on multiple occasions.
Timothy Foster is accused of violating federal law by using false pretenses to enter secured areas of Eppley Airfield in Omaha, Nebraska over a six week period. The complaint alleges that Foster, a former employee of SkyWest Airlines who was terminated, falsely claimed to be a part-time United Airlines employee in order to gain access to restricted areas and proprietary computer systems through an escort provided by a United gate agent. An investigation found that Foster was never issued the airport identification badges he was observed wearing, including one from Portland International Airport, and likely used fraudulent identification to circumvent security at Eppley Airfield on multiple occasions.
UNITED STATES DISTRICT COURT for the District of Nebraska United States of America ) v. ) ) Case No.8: 12MJ189 ) TIMOTHY J. FOSTER FI LED ,..., 1"'\, ...",:,..;: ..:.:;;;.. :;;;.- --r DISTRICT OF NEBRASKA JUN 27 2012 OFFICE OF THE CLERK Defendant ) SEALED CRIMINAL COMPLAINT I, the complainant in this case, state that the following is true to the best of my knowledge and belief. District of On or about the date of in the county of .. ...- ..
Nebraska , the defendant violated _... ..::..:::..c.c:.===...._... U. S. C. ... ... ... , an offense described as follows: On or about May 30, 2012, the defendant, TIMOTHY J. FOSTER, did by false pretenses enter into secured and/or restricted areas of an airport. In violation of 18 U.S.C. 1036(a)(4). This criminal complaint is based on these facts: gJ Continued on the attached sheet. Complainant's signature I i C __SA. name and title Sworn to before me and signed in my presence. - Date: City and state: , U.S. MAGISTRATE JUDGE f j Cep" ';v tJ SA 8:12-mj-00189-TDT Doc # 1 Filed: 06/27/12 Page 1 of 6 - Page ID # 1 AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT UNITED STATES OF AMERICA DISTRICT OF NEBRASKA, ss. Before me personally appeared this date, Chris Meztista, Special Agent, Federal Bureau of Investigation (FBI), who being duly sworn, deposes and says that: A. Introduction 1. Your affiant has been a Special Agent of the FBI for three and one half (3 1/2) years. Your affiant has been assigned to investigate alleged violations of Federal statutes including numerous violations of Title 18, United States Code. Your affiant has received specialized training in the investigation and prosecution of criminal cases through FBI training. Your affiant has received additional training in the area of domestic terrorism, including the investigation of crimes directed against transportation facilities. 2. This affidavit is made in support of a criminal complaint for Timothy John Foster, white, male, born June 28, 1991, height 6'4", weight 220 pounds, who resides at 206 S 19 th Street, Apartment 301, Omaha, Nebraska 68107. A photograph of Timothy John Foster has been attached (see Attachment A). Timothy John Foster is currently employed as a bellman at the Hilton Hotel, which is located at 1001 Cass Street, Omaha, Nebraska 68102. This affidavit is based upon personal observation and knowledge of your affiant as well as information provided to me by other law enforcement officers and agents during the course of their investigation into the unauthorized access into areas secured by the Omaha Airport Authority. Since this is an affidavit to demonstrate probable cause to believe that crimes have been committed, and evidence of said crimes will be discovered in the places to be searched, not all facts uncovered by the investigation -1 8:12-mj-00189-TDT Doc # 1 Filed: 06/27/12 Page 2 of 6 - Page ID # 2 are recited herein, but no facts uncovered by the investigation which would tend to negate a finding of probable cause have been omitted. B. Factual Background 3. Your affiant and other law enforcement agents and officers have been investigating entry by false pretenses into the secure area of Omaha's Eppley Airfield. Your affiant is familiar with the facts and circumstances surrounding the entry into the secured area by Timothy John Foster. 4. The access to the secure area of Omaha's Eppley Airfield by Timothy John Foster is in direct violation ofthe secure area established by the Omaha Airport Authority. During the course ofthe period of unauthorized access Timothy John Foster not only accessed the areas ofthe airport which he was prohibited from accessing but also accessed the proprietary computer system of United Airlines for a period of six weeks beginning approximately April, 2012. C. Chronology - Unauthorized Access 5. In mid-March of2012, Timothy John Foster was offered a voucher for an oversold United Airlines (UA) flight at Omaha's Eppley Airfield. Foster indicated that he would take the voucher. The gate agent whom he interacted with was Rita Purkapile. During this interaction, Timothy John Foster indicated to Rita Purkapile that he was a part-time United Airlines employee who lived in Omaha and commuted to work in Portland, Oregon. 6. Approximately, one month later, Rita Purkapile saw Timothy John Foster, when he approached her at Omaha's Eppley Airfield and asked her if she remembered him. He started discussing the new computer program that United Airlines was using to manage seating and reservations. Timothy John Foster told Rita Purkapile that gate operations in Portland were different than they were in Omaha, and he asked if he could "shadow" her so he could learn the differences. At that time, she told him to clear it through both oftheir bosses and that it would not 8:12-mj-00189-TDT Doc # 1 Filed: 06/27/12 Page 3 of 6 - Page ID # 3 be a problem. 7. Subsequently, Timothy John Foster indicated to Rita Purkapile this training had been approved by their bosses. Timothy John Foster would call Rita Purkapile the night before he wanted to shadow her during her shift. Rita Purkapile worked the 4am to 12pm shift. If Timothy John Foster got there before she went back to the gates, she would meet him at the United Airlines ticket counter and escort him to the United Airlines gates, which required her to escort him through areas only accessible with a Secure Identification Display Area (SIDA) badge. Timothy John Foster worked two days per week for approximately six weeks shadowing Rita Purkapile. D. Attempted Verification of Badges Worn by Timothy John Foster 8. During the course of reviewing closed circuit television recordings of Omaha's Eppley Airfield Timothy John Foster was observed on video and in person wearing three badges on his shirt. One of the badges on Timothy John Foster's shirt appears to affiant to be a Portland (PDX) j SIDA badge. Additionally, Rita Purkapile, who observed the badges inperson, believed the top :1 badge was a Portland SIDA badge. While this badge would not give him access to Omaha's 1 l Eppley Airfield's restricted areas, it would assist in making Timothy John Foster look like a legitimate United Airlines employee. l 9. Checks with United Airlines Corporate Security confirmed Timothy John Foster was an I employee with SkyWest, a United Airlines subsidiary from October 16,2010 through November 18,2010. United Airlines Corporate Security stated that Timothy John Foster was terminated. According to SkyWest manager Shawn Sullivan, Timothy John Foster was terminated for discrepancies on his job application with SkyWest. Shawn Sullivan also stated any badges Timothy John Foster may have had in his possession should have been turned in at the time of his termination. -3 8:12-mj-00189-TDT Doc # 1 Filed: 06/27/12 Page 4 of 6 - Page ID # 4 10. Based on photographs depicting Timothy John Foster wearing identification badges and descriptions of the badges he was wearing, agents believe one of the badges may have been from the Portland International Airport (POX). FBI Portland searched the POX SIOA database for badges issued to Timothy John Foster, with negative results. United Airlines and SkyWest management at POX were also interviewed and only knew Timothy John Foster from the recent internal communications which were disseminated regarding this incident. 11. Your affiant is aware from his training and experience, that often individuals will use computers in order to produce or order fraudulent identification and other documents. Your affiant also knows from experience that individuals who produce fraudulent documentation also maintain templates for that production on various forms of electronic media. Your affiant knows that templates for the production of fraudulent documents can be stored on computers, tablet computers, flash media, portable digital media players, recordable media to include but not exclusive to compact discs, digital video discs and external hard drives, mobile phones, video game consoles, digital cameras and in printers. I 12. Your affiant is aware that the Portland International Airport (POX) did not ever issue a POX SIOA badge to Timothy John Foster. Furthermore, in the event that Timothy John Foster had been issued a POX SIOA badge, upon his termination from employment with SkyWest, he would have been required to tum in the badge and no longer authorized to exercise the privileges associated with the badge. Your affiant knows that Timothy John Foster has continued to use what appears to be a POX SIOA badge in order to circumvent security and gain access to restricted I areas at Omaha's Eppley Airfield in direct violation of Title 18 USC Section 1036 as well as to I obtain access to a computer used in the function of interstate transportation in direct violation of I Title 18 USC Section 1030. -4 8:12-mj-00189-TDT Doc # 1 Filed: 06/27/12 Page 5 of 6 - Page ID # 5 E. Conclusion 13. Based upon the above-stated facts and circumstances, your affiant believes that there is probable cause to believe that Timothy John Foster used fraudulent identification to access restricted computers and the secure area at Omaha's Eppley Airfield in violation of 18 United States Code, Section 1030 and 1036. Your affiant respectfully requests a warrant to arrest Timothy John Foster to be issued. E ~ E. 'stopher Meztista, Jr. Special Agent Federal Bureau of Investigation Sworn to and subscribed before me this h -5 8:12-mj-00189-TDT Doc # 1 Filed: 06/27/12 Page 6 of 6 - Page ID # 6
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