San Diego YouGotPosted Lawsuit: Motion To DIsmiss: Plaintiff's Supplemental Evidence

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Randazza
Legal Group
3625 S. Town Center
Drive, Suite 150
Las Vegas, NV 89135
(888) 667-1113

Marc J. Randazza, Cal. Bar No. 269535
Christopher A. Harvey, Cal. Bar. No. 261986
RANDAZZA LEGAL GROUP
3625 S. Town Center Drive, Suite 150
Las Vegas, NV 89135
Telephone: 702-420-2001
Facsimile: 305-437-7662
ecf@randazza.com

Attorneys for Plaintiff,
, through her mother,

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

, a minor, through
her mother ,

Plaintiff,

vs.

ERIC S. CHANSON, an individual;
ROY E. CHANSON, an individual;
AMY L. CHANSON, an individual;
KEVIN C. BOLLAERT, an individual;
BLUE MIST MEDIA, LLC, a limited-
liability company of unknown origin,
d/b/a YOUGOTPOSTED,

Defendants.
Case No. 3:13-cv-01238-CAB-BLM

Hon. Cathy Ann Bencivengo

PLAINTIFFS EVIDENTIARY
SUPPLEMENT TO PLAINTIFFS
OPPOSITION TO DEFENDANT
ERIC CHANSONS MOTION TO
DISMISS

Hearing date vacated per court order.

Action Filed: May 28, 2013

Plaintiff ( ), a minor, through her mother
, hereby files this Evidentiary Supplement to Plaintiffs Opposition to
Defendant Eric Chansons Motion to Dismiss.
Good cause exists for this late supplemental filing because Plaintiff received
evidence within the last 24 hours to support her opposition to Defendant Eric
Chansons Motion to Dismiss. The purpose of this evidentiary supplement is to
Case 3:13-cv-01238-CAB-BLM Document 30 Filed 12/11/13 Page 1 of 4

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Randazza
Legal Group
3625 S. Town Center
Drive, Suite 150
Las Vegas, NV 89135
(888) 667-1113

bring to the Courts attention information helpful to the pending Motion to
Dismiss. (ECF 5). The evidence Plaintiffs counsel discovered yesterday shows
Defendant Eric S. Chansons involvement with YouGotPosted/UGotPosted and his
jurisdictional connection to the Southern District of California.
A. Defendant Eric S. Chanson created, owned, and operated
YouGotPosted/UGotPosted.
On December 10, 2013, Defendant Kevin Bollaert was arrested in San Diego
County on charges related to YouGotPosted/UGotPosted. See Exhibit A, Criminal
Complaint of Kevin Bollaert. Contained in the court documents is evidence that
shows Defendants Bollaert and Eric S. Chanson created the websites Ugotposted
and changemyreputation.com. When a victim inquired about removing the images
from Ugotposted, they would not receive a response; however, Ugotposted hosted
a link to the webpage changemyreputation.com and for a fee, the images would be
removed from Ugotposted. See Exhibit B, Arrest Warrant of Kevin Bollaert, at 2.
During the course of the criminal investigation, Bollaert was identified as
the owner of Ugotposted and admitted he and Eric Chanson created the website.
Exhibit B, at 2. Further evidence extracted from Bollaert's computer showed
Bollaert and/or Eric Chanson owned and/or operated changemyreputation.com and
extorted money from victims wanting their images removed from Ugotposted.
Exhibit B at 2.
Additionally, email records showed the email
address changemyreputation@gmail.com was added to a PayPal account, and
Defendant Bollaert and/or Eric Chanson set up the account in October 2012.
Email records further indicate that Eric Chanson received an email from PayPal
that informed him he had successfully linked his bank account to
the changemyreputation@gmail.com's PayPal account. During the initial setup, a
person using the name Eric Chanson deposited $300.00

- 3 - 13cv01238

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Randazza
Legal Group
3625 S. Town Center
Drive, Suite 150
Las Vegas, NV 89135
(888) 667-1113

into changemyreputation.com's PayPal account, which was then transferred into his
bank account. Exhibit B at 11-12. The evidentiary findings in the arrest report
show that Defendant Eric Chanson significantly assisted in the operation of
YouGotPosted/UGotPosted.
Accordingly, Plaintiff has shown that Eric Chanson is an owner and operator
of YouGotPosted/UGotPosted, and personal jurisdiction over him is appropriate.
B. Defendant Eric Chanson has systematic and continuous contacts with
the State of California.
The supplementary evidence also shows that Chanson has sufficient
minimum contacts with the State of California to support a finding of the Courts
jurisdiction over him. The arrest warrant cites to numerous takedown requests
from victims whose photos appeared on the website, many of whom live in
California. See Exhibit B at 4-7. For example, as of the second week of July 2013,
Ugotposted had over 25 posts containing individuals tagged from California.
There is further evidence that many, if not most, of the thousands of individuals
targeted by the Defendants in this lawsuit reside or are located in California. See
Exhibit B, at 3-7. Because Defendant Chansons intentional acts are directed at
many individuals within the state of California, in addition to the Plaintiff involved
in this lawsuit, this Court may exercise personal jurisdiction over him.
Plaintiff respectfully requests that the Court consider her Evidentiary
Supplement to Plaintiffs Opposition to Defendant Eric Chansons Motion to
Dismiss.
//
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//
//

Table of Exhibits

EXHIBIT DESCRIPTION PAGE NUMBERS
A Complaint Against Kevin Bollaert 1-11
B Arrest Warrant of Kevin Bollaert 12-34
C Attorney Generals Press Release 35-37

Case 3:13-cv-01238-CAB-BLM Document 30-2 Filed 12/11/13 Page 1 of 12

EXHIBIT A
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KAMALA D. HARRIS
Attorney General of California
TAWNYA AUSTIN
F.' D
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Deputy Attorney General
State Bar No. 198663
110 West A Street, Suite 1100
San Diego, CA 921 01
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: (619) 645-2823
Fax: (619) 645-2489
E-mail: Tawnya.Austin@doj.ca.gov
Attorneys.for People ofthe State o.fCal[(ornia
SUPERIOR COURT OF THE STATE OF CALIFORNIA
SAN DIEGO SUPER10R COURT
THE PEOPLE OF THE STATE OF Case No.
CALIFORNIA,
COMPLAINT [FELONY]
Plaintiff,
v.
KEVIN CHRISTOPHER BOLLAERT
(DOB: 6/27/1986),
Defendant.
The Attorney General of the State of California hereby accuses Kevin BOLLAERT of the
following criminal offenses:
Countl
In and between December 2, 2013 and September 17, 2013, in the County of San Diego the
crime of Conspiracy, in v iolation of Penal Code section 182, (a)(!) a felony , was committed by
Kevin BOLLAERT who did unlawfully conspire together with another person and persons
whose identity is unknown to commit the crime of Identity Theft, in violation of Penal Code
Complaint [Felony)
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section 530.5, a fel ony ; that pursuant to and for the purpose of carrying out the objectives and
2 purposes of the aforesaid conspiracy, that Kevin BOLLAERT and others committed the
3 foll owing overt acts at and in the County of San Diego, overt act(s):
4 Overt Act 1
5 Between December 2, 20 12 and September 17, 2013 , Kevin BOLLAERT was the
6 administrator of a websi te called " ugotposted.com".
7 Over Act 2
8 Between December 2, 2012 and September 17,2013, Kevin BOLLAERT, with the
9 assistance of known a nd unknown conspirators, posted Ten Thousand One Hundred Seventy
I 0 (I 0, 170) private photographs containing nude and ex plicit images of individuals who did not give
11 permission for their private images to be posted online.
12 Overt Act 3
13 Between December 2, 2 012 and September 17,2013 , Kevin BOLLAERT posted the
14 personal identi fying informat ion of over ten th ousand individuals in conjunction with pri vate
15 images of those individuals without their permi ssion.
16 Overt Act 4
17 On July 12,2013, Kevin BOLLAERT failed to rem ove images of Jane Doe # 6 following
18 the receipt of an email from Jane Doe #6 stating that due to private images of her, a long with her
19 personal identifying information, being posted on ugotposted.com she was " ... scared for my life!
20 Peop le are calling my work p lace and they obta ined the information from thi s site! I did not give
21 permission for anyone to put up those pictures or my personal information. I have contacted the
22 police but these pictures need to come down! Pl ease! ".
23 Overt Act 5
24 On July 17, 2013, Kevin BOLLAERT fai led to remove images of Jane Doe #8 fo llowing
25 the receipt of an email from Jane Doe #8 requesting h er private information and images be taken
26 down from ugotposted. co m stating she was "getting nonstop harassing messages . . . "
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Comp lai nt [Felony]
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Overt Act 6
Between June 20, 2013 and August 26, 2013, Kevin BOLLAERT received and reviewed
over 2000 emails from individuals requesting their personal identifying information and images
be removed from ugotposted.com.
Overt Act. 7
In October of2012 Kevin BOLLAERT with the assistance of known and unknown
conspirators opened and updated an online account called changemyreputation .com.
Overt Act 8
Between December 2, 2012 and September 17, 2013, Kevin BOLLAERT collected in
excess of $1 O,OOO(ten thousand dollars) via changemyreputation.com from individuals paying to
have the ir personal identifying information and images removed from ugotposted.com.
Count 2
On or about April4, 2013 , in the County of San Diego, the crime ofldentity Theft, in
vio lation of Penal Code section 530.5(a), a felony, was committed by Kevin BOLLAERT, who
did willfully and unlawfully obtain personal identifying information of Jane Doe #1 and used that
informatio n for an unlawful purpose to wit, to harass and annoy, without the consent of Jane Doe
# 1.
Count 3
On or about April4, 2013 , in the County of San Diego, the crime ofidentity Theft, in
vio lation of Pe nal Code section 530 .5(a), a felony , was committed by Kevin BOLLAERT, who
did willfu ll y and unlawfully obtain personal identifying information of Jane Doe #1 and used that
information for an unlawful purpose, and to obtain, and attempt to obtain credit, goods, services,
and money, without the consent of Jane Doe # 1.
Count 4
On or about April4, 2013, in the County of San Diego, the crime ofExtortion, in violation
of Penal Code Section 520, a felony was committed by Kevin BOLLAERT, who extm1ed money
and or other property from Jane Doe# 1 by means of threat such as is mentioned in Penal Code
Section 519, to wit, to expose, or to impute to her any disgrace or expose an y secret affecting her.
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Complaint [Felon y]
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Count 5
On or about April 18, 20 13, in the County of San Diego, the crime ofldentity Theft, in
vio lation of Penal Code section 530.5(a), a fel ony, was committed by Kevin BOLLAERT, who
did willfull y and unlawfull y obtain personal identifying information of Jane Doe #2 and used that
information for an unlawful pmpose to wit, to harass and annoy, without the consent of Jane Doe
# 2.
Count 6
On or about Apri l 18, 2013, in the County of San Diego, the crime of Identity Theft, in
violation of Penal Code section 530.5(a), a felony , was committed by Kevin BOLLAERT, who
did willfully and unlawfull y obtain personal identifying informati on of Jane Doe # 2 and used that
information for an unlawful purpose, and to obtain, and attempt to o btain credit, goods, services,
and money, w ithout the consent of Jane Doe #2.
Count 7
On or about April 18, 2013 , in the County of San Diego, the crime of Extortion, in violation of
Penal Code Section 520, a fe lony was committed by Kevin BOLLAERT, who extorted money
and or other property from Jane Doe #2 by means of threat such as is mentioned in Penal Code
Section 519, to wit, to expose, or to impute to her any disgrace or expose any secret affecting her.
CountS
On or about April 29, 2013, in the County of San Diego, the cr ime of Identity T heft, in
violation of Penal Code section 530.5(a), a felony, was committed b y Kevin BOLLAERT, who
did willfully and unlawfully obtain personal identifying infonnation of Jane Doe #3 and used that
information for an unlawful purpose to wit, to harass and annoy , without the consent of Jane Doe
#3 .
Count 9
On or about April 29, 2013 , in the County of San Di ego, the crime ofidentity Theft, in
v iolati on of Penal Code section 530.5(a), a felony , was com mitted by Kevin BOLLAERT, who
did willfully and unlawfully obtain personal identifying information of Jane Doe #3 and used that
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Complaint [Felony]
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information for an unlawful purpose, and to obtai n, and attempt to obtain cred it, goods, serv ices,
2 and money, without the consent of Jane Doe #3 .
3 CountlO
4 On or about May 13, 2013, in the County of San Diego, the crime ofldentity Theft, in
5 violation of Penal Code section 530.5(a), a felony, was committed by Kevin BOLLAERT, who
6 did wi llfull y and unl awfu ll y obtain persona l identifying information of Jane Doe #4 and used that
7 inform ation for an unlawful purpose to wit, to harass and annoy, without the consent of Jane Doe
8 #4.
9 Countll
1 0 On or about May 13, 20 13, in the County of San Diego, the cri me of Identity Theft, in
11 vio lation of Penal Code section 530.5(a), a fel ony, was committed by Kev in BOLLAERT , who
12 did willfully and unlawfully obtain personal identify ing information of Jane Doe #4 and used that
13 information for an unlawful purpose, and to obtai n, and attempt to obtain credit, goods , services,
14 and money, without the consent of Jane Doc #4.
15 Count 12
16 On or about J ul y 6, 20 13 , in the County of San Diego, the crime ofldentity Theft, in
17 violation of Penal Code section 530.5(a), a felony, was committed by Kevin BOLLAERT, who
18 did willfully and unlawfully obtain personal identify ing information of Jane Doe #5 and used that
19 information for an unlawful purpose to wit, to harass and annoy, without the consent of Jane Doe
20 #5.
2 1 Cou nt 13
22 On or about July 6, 20 13, in the County of San Diego , the crime ofldentity Theft, in
23 v iolati on of Penal Code section 530.5(a), a fe lony, was committed by Kevin BOLLAERT, who
24 did w illfull y and unlawfully obta in personal identifying information of Jane Doe #5 and used that
25 information for an unlawful purpose, and to obtain, and attempt to obtain credit, goods, services,
26 and money, w ithout the consent of Jane Doe #5 .
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Complaint !Felony]
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Count 14
On or abo ut July 12,2013, in the County of San Diego , the crime ofldentity Theft, in
violation of Penal Code section 530.5(a), a felon y, was committed by Kevin BOLLAERT, who
did willfull y and unlawfully obtain personal identifyi ng inform atio n of Jane Doe #6 and used that
informati on for an unlawful purpose to wit, to harass and annoy, without the consent of Jane Doe
#6.
Count IS
On or about Jul y 12 , 2013 , in the County of San Diego, the crime ofldentity Theft, in
violation of Penal Code section 530.5(a), a felony , was committed by Kevin BOLLAERT, who
did willfully and unlawfully obtain personal identifying informatio n of Jane Doe #6 and used that
information for an unl awful purpo se, and to obtain, and attempt to obtain credit, goods, services,
and money , wi thout the consent of Jane Doe #6.
Count 16
On or about July 16, 2013, in the County of San Diego, the crime of Identity Theft, in
v iolation of Penal Code section 530.5(a), a felon y, was committed by Kevin BOLLAERT, who
did willfully and unlawfull y obtain personal identifying info rmation of Jane Doe # 7 and used that
information for an unl awful purpose to wit, to harass and annoy, without the consent of Jane Doe
#7.
Countl7
On or about Jul y 16, 2013 , in the County of San Diego, the crime of Identity Theft, in
violation ofPenal Code section 530.5(a), a felony , was committed by Kevin BOLLAERT, who
did willfully and unlawfully obtain personal identifyi ng information of Jane Doe # 7 and used that
information for an unl awful purpose, and to obtain , and attempt to obtain cred it, goods , services,
and mone y, without the co nsent of Jane Doe #7.
Countl8
On or about August 4 , 2013 , in the County of San Diego, the crime of Identity Theft, in
violation of Penal Code section 530.5(a), a fel ony, was committed by Kevin BOLLAERT, who
did willfully and unl awfully obtain p ersonal identifying informati on of Jane Doe #8 and used that
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Complaint [Felony]
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information for an unlawful purpose to w it, to harass and annoy, without the consent of Jane Doe
#8.
Count19
On or about August 4, 20 13, in the County of San Diego, the crime of Identity Theft, in
violati on of Penal Code section 530.5(a), a felony, was committed by Kevin BOLLAERT, who
did willful ly and unlawfully obtain personal identifying informati on of Jane Doe #8 and used that
information for an unl awful purpose, a nd to obtain, and attempt to obtai n credit, goods, services,
and money, without the consent of Jane Doe #8 .
Count20
On or about A ugust 6, 20 I 3, in the County of San Diego, the c rime ofldentity Theft, in
v iolation of Penal Code secti on 530.5(a), a felony , was committed by Kevin BOLLAERT, who
did wi llfully and unlawfully obtain personal identify ing information of Jane Doc #9 and used that
information for an unlawful purpose to wit, to harass and annoy, without the consent of Jane Doe
#9.
Count21
On or about August 6, 20 I 3, in the County of San Diego, the crime o f Identity Theft, in
v iolation of Penal Code section 530.5(a), a fe lony, was committed by Kevin BOLLAERT, who
d id willfully and unlawfully obtain personal identifying informatio n of Jane Doc #9 and used that
information for an unl awful purpose, and to obtain, and attempt to obtain credit, goods, services,
and money, without the consent of Jane Doe #9.
Count 22
On or abo ut August 13, 20 I 3, in the County of San Diego, the crime ofldentity Theft, in
vio lation of Penal Code section 530.5(a), a felony , was committed by Kevin BOLLAERT, who
did wi llfully and unlawfull y obtain personal identifying information of Jane Doe#I 0 and used
that information for an unlawful purpose to w it, to harass and annoy, without the consent of Jane
Doe # 1 0.
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Complaint [Felony]
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Count 23
On or about August 13, 2013 , in the County of San Diego, the crime of Identity Theft, in
vio lation of Penal Code section 530.5(a), a felony, was committed by Kevin BOLLAERT, who
did willfully and unlawfull y obtain personal identifying informati on of Jane Doe # 1 0 and used
that information for an unlawful purpose, and to obtain, and attempt to obtain credit, goods,
services, and money, without the consent of Jane Doe #1 0.
Count 24
On or about August 26, 2013 , in the County of San Diego, the crime ofldentity Theft., in
v iolation of Penal Code section 530.5(a), a felony , was committed by Kevin BOLLAERT, who
did willfully and unlawfully obtain personal identifying information of Jane Doe #11 and used
that information for an unlawfu l purpose to w it, to harass and annoy, without the consent of Jane
Doe # 11.
Count 25
On or about August 26, 20 13, in the County of San Diego, the crime of Identity Theft, in
v iolation of Penal Code section 530.5(a), a felony , was committed by Kevin BOLLAERT, who
did willfully and unlawfully obtain personal identifying information of Jane Doe # II and used
that information for an unlawful purpose , and to obtain, and attempt to obtain credit, goods,
services, and money, without the consent of Jane Doe # 1 1.
Count 26
O n or about September 4 , 2013 , in the County of San Diego, the crime ofldentity Theft, in
violation of Penal Code section 530.5(a), a felony, was committed by Kevin BOLLAERT, who
did willfully and unlawfully obtain personal identify ing information of Jane Doe # 12 and used
that informati on for an unlawful purpose to wit, to harass and annoy, without the consent of Jane
Doe #12.
Count 27
On or ab out September 4 , 20 13 , in the County of San Diego, the crime of Identity Theft, in
violation of Penal Code section 530.5(a) , a felony , was committed by Kevin BOLLAERT, who
did will full y and unl awfully obtain personal identifying information of Jane Doe # 12 and used
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that information for an unlawful purpose, and to obtain, and attempt to obtain credit, goods,
2 services, and money, without the consent ofJane Doe #12.
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4 On or about September 10, 2013 , in the County of San Diego , the crime of Identity Theft,
in violation of Penal Code section 530.5(a), a felony, was committed by Kevin BOLLAERT,
6 who did willfully and unlawfully obtain personal identifying information of Jane Doe #13 and
7 used that information for an unlawful purpose to wit, to harass and annoy, without the consent of
8 Jane Doe # 13.
9 Count 29
On or about September 10, 2013, in the County of San Diego, the crime of Identity Theft,
11 in violation of Penal Code section 530.5(a), a felony, was committed by Kevin BOLLAERT,
12 who did willfully and unlawfully obtain personal identifying information of Jane Doe #13 and
13 used that information for an unlawful purpose, and to obtain, and attempt to obtain credit, goods,
14 services, and money, without the consent of Jane Doe # 13.
Count 30
16 On or about September 12, 2013 , in the County or San Diego, the crime of Identity Theft,
18 who did willfully and unlawfully obtain personal identifying information of Jane Doe # 14 and
19 used that information for an unlawful purpose to wit, to harass and annoy, without the consent of
Jane Doe #14.
21 Count31
22 On or about September 12, 2013 , in the County of San Diego, the crime ofidentity Theft,
24 who did willfully and unlawfully obtain personal identifying information of Jane Doe#14 and
used that information for an unlawful purpose, and to obtain, and attempt to obtain credit, goods,
26 services, and money, without the consent of Jane Doe#14.
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Complaint [Felony)
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Dated:
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December 10, 2013
Respectfully Submitted,
KAMALA D. HARRIS
Attorney General of California
TAWNYA AUSTIN
Deputy Attorney General
Attorneys.for the People ofthe State of
California
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Complaint [Felony)
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EXHIBIT B
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff,
vs.
Kevin Christopher BOLLAERT
Defendant.
I, BRIAN CARDWELL, declare:
r>;i <I u 'i013
' . .,._, i [_
DECLARATION IN SUPPORT OF
ARREST WARRANT AND
WARRANT
SC No.
DA No.
That I am a Special Agent employed by the California Department of Justice, and that I allege and state
the following:
In July 2013, the California Attorney General's (AG) Office initiated an investigation of the revenge
pornography
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website "ugotposted.com" (UGOTPOSTED).
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When a user (poster) ofUGOTPOSTED posts
images to the site, the site requires the poster to add a link identifying the posted individual's (victim's)
Facebook page along with the victim's full name, location, and age. UGOTPOSTED also allows for other types
of social media links to be added, such as Twitter and "Tumblr." UGOTPOSTED allows Internet users to
access the website, post comments about the victims, which most are degrading, and view the victims posted
personal identifiable information (Pll). The PII is then used to annoy, harass, and or cyber stalk the victims of
the post via their Facebook page, email account or other identifying accounts.
Your affiant, a California Peace Officer per California Penal Code Section 830.1, asserts that there is
probable cause to believe that Kevin BOLLAERT, the owner and operator ofUGOTPOSTED was aiding and
abetting felonies by facilitating the publishing of nude photographs, in conjunction with the victim's name,
Facebook page or other personal identifying information (Pll,) without the victim's permission, which is a
violation of California Penal. Code (PC) section 53 0 .5 -Identity Theft. Here, the unlawful purpose includes PC
653m (b) - annoy or harass.
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Revenge porn websites host sexually explicit photos of individuals, (mostly young women), without their permission, accompanied
by links to their private information and social media pages. This data is typically posted by angry boyfriends, ex-spouse, new
girlfriends, or from stolen digital media, and allows third parties viewing the pages to directly contact the posted individuals. Most
revenge porn sites draw moderate revenue streams from advertising; others derive revenue by offering the services of a professional
specialist that remove the posted images for a fee, others build traffic to increase the value of the site for later sale.
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UGOTPOSTED.COM may be accessed by using the domain name yougotposted.com or ugotposted.com.
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Furthermore, your affiant asserts there is probable cause to believe that BOLLAERT extorted money
from victims that were posted on UGOTPOSTED by directing the victims to the Website
changemyreputation.com and asking for money to remove the images from UGOTPOSTED. There is evidence
that shows BOLLAERT and Eric Chanson, a former business partner of BOLLAERT, created the websites
UGOTPOSTED and changemyreputation.com. When a victim inquired about removing the images from
UGOTPOSTED, they would not receive a response; however, UGOTPOSTED hosted a link to the webpage
changemyreputation.com and for a fee, the images would be removed from UGOTPOSTED, which is a
violation of PC section 518 - extortion.
The relevant identifying information for the victims is contained in "Confidential Attachment" and is
herein incorporated. Declarant requests that "Confidential Attac.Q.ment" be ordered sealed pursuant to California
Rule of Court Rule 24 3 .1 ( d) in order to protect the confidential personal information of the above subject. (See
Pen. Code, 293.5 and 964)
During the course of this investigation, Kevin BOLLAERT was identified as the owner of
UGOTPOSTED and admitted he and Eric Chanson created the website. Further evidence extracted from
BOLLAERT'S computer showed BOLLAERT and or Chanson owned and or operated
changemyreputation.com and extorted money from victims wanting their images from
UGOTPOSTED. I have not included every fact known to me in this investigation, only the facts I believe
establish probable cause. The following summarizes the investigation:
On July 23, 2013, I reviewed the website UGOTPOSTED and was presented with a nude photograph of
an adult female. The top of the image contained a name and the location "Clinton Twp, MI." The next line
contained "07/22/2013 in Girls, Michigan" and 50 Replies. The Girls, Michigan, and 50 Replies were links to
more photographs of females, photographs tagged with the term Michigan, and comments typically concerning
the photograph. The page also contained several nude photographs of two additional adult females. I also
noticed the photos were embossed with small light colored watermark titled UGOTPOSTED.
The top of the webpage contained tabs, which were links to "Girls, Guys, Videos, Members, Replies,
and Post Nudes." I selected the tab Post Nudes and was presented with the following:
Your Email (required)
I
Full Name (Who are they?) (required)
I
location (City, State, Country) (required)
lge (Only 18+) (required)
Facebook Link (required)
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Other Links (Twitter, Tumblr, Etc.)
I ____ --- . -I
Tags
L __ ____ -._J
Terms (required)
r
I have read and agree to YouGotPosted.com's Terms of Use
r
I CONFIRM THAT I AM AT LEAST 18 YEARS OLD AND THE PERSON BEING POSTED WAS AT
LEAST 18 YEARS OLD AT THE TIME THE PHOTOS WERE TAKEN AND WILL PROVIDE 2257
RECORDS UPON REQUEST.
Images and Videos (required)
It appears, once uploaded; the images and videos are watermarked with the site logo and organized by
state and gender. Each posting will start by listing the name, city, and state of the victim whose picture is being
published. Following the display of the associated picture or video, the link to the posted individual's Facebook
account is published as well as any other links to other social media sites belonging to the victim such as
Twitter or Tumblr.
As part of my investigation, I spoke with Legal Analyst (LA) Victoria Terry. LA Terry is assigned to
the eCrime Unit (eCU) of the AG's Office. LA Terry began monitoring the site UGOTPOSTED in early July
2013. LA Terry related to me that during the second week of July 2013, UGOTPOSTED had over 25 posts
containing individuals tagged from California. LA Terry noted that photos were added to the site on a daily
basis and some published photos were observed to be removed.
As part of her duties for eCU, LA Terry started capturing the posted PII that was associated with the
published nude photographs. LA Terry documented the name, location, and Facebook account for each
California resident. LA Terry also began to capture this information for other state residents.
LA Terry related that a number of the published links to the victim's Facebook account were active, and
linked to a Facebook account, which appeared to share identical PII as the information posted on
UGOTPOSTED. The nude photographs appeared to be the same individuals who were in the linked Facebook
account.
LA Terry also noted that a number oflinked Facebook accounts were found to be inactive (shutdown).
While monitoring the site, it was observed that published active Facebook accounts would be shut down within
a few days of the initial posting of the nude photographs and the associated PII.
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15
UGOTPOSTED VICTIMS
As part of this investigation, LA Terry was able to contact a number of victims whose PII was
associated with published nude photographs. The majority of victims described the act of emailing
UGOTPOSTED at their public e-mail address (ugotposted@gmail.com) in an attempt to get their images taken
down from the site. The victims' related the following information:
Jane Doe #6 posted on 7/12/13
3
from Los Angeles, CA:
Jane Doe #6 related that an unknown person illegally accessed her email account, located nude
images of her that she saved, and stole the images. She stated the unknown person also illegally
accessed her Facebook account, and emailed the photographs to her relatives. Then the unknown
person changed all of her passwords on her Gmail, AOL, and Facebook accounts. Jane Doe #6
additionally noted that she may have been a minor in the images and UGOTPOSTED published
the images without her knowledge or permission.
The following email from Jane Doe #6 dated 7/12/13, was retrieved from the search warrant
production for the content of the ugotposted@gmail.com account.
PLEASE HELP! I am scared for my life! People are calling my work place and they obtained
that information through this site! I did not give permission for anyone to put up those
pictures or my personal information. I have contacted the police but these pictures need to
come down! Please!
Jane Doe #6
Jane Doe #6 stated that due to her name and Facebook information being posted, she is scared to
go back to work. She related, "people on yougotposted.com were trying to get my phone
number and work address as if they wanted to come stalk me. They posted on my Y ouTube,
ReverbNation, and Facebook account. They also posted what city I live in."
Jane Doe #7 posted on 7/16/13 from Richmond VA:
Doe #7 related that pictures were taken off her phone without her authorization. She said she and a guy
were hanging out one day and he stole her phone, ran into the bathroom and sent the pies to his phone
and then deleted it off her phone. She did not give him permission to take the photos or put them on the
website. Jane Doe #7 also said that her Facebook account and her boyfriends account, where she lived
3
The posted date reflects the first time the victims images were published on UGOTPOSTED
4
16
were also posted on UGOTPOSTED. She said she filed a report with the magistrates office and obtained
a protective order against the person who posted the images. She said she had been harassed by dozens
of people and had to shut down her Facebook page.
Jane Doe #4 posted on 5/13/13 from Santa Monica, CA:
Jane Doe #4 related she sent private copyrighted photographs she took to a man that she was
dating. She believes the man she was dating, posted the explicit images onto UGOTPOSTED
and other revenge porn and porn sites. She related that her full name, undergraduate school,
Facebook, Instagram and dating profile was posted in the comment section of the photos. Jane
Doe #4 said that over the course of the posting, she has received dozens of Face book and
Instagram friend requests and messages. She has received numerous emails from people asking
to "hook up'', text messages with lewd photos, and several phone calls. Jane Doe #4 is worried
for her safety, and is concerned that her home was posted on the Internet.
Jane Doe #5 posted on 7/6/13 from Chula Vista, CA:
Jane Doe #5 related that the posted images were taken from her Facebook account and from a
personal cell phone, and published without her permission. She related that her full name,
location, cell phone number, Twitter account, and Linkedln account were posted. Her Facebook
account was also posted and linked by UGOTPOSTED. Following the posting of her PII, over a
hundred different sources tried to contact her. She ignored all calls, texts, messages, and friend
requests. Jane Doe #5 changed her accounts and had her phone turned off. Jane Doe #5 also had
to change her cell phone number.
The following email from Jane Doe #5 dated 7/6/13, was retrieved from the search warrant
related to the ugotposted@gmail.com account.
I found pictures of me I did not want to be online. What is the process to remove them? I
am being harassed because my phone number and Facebook is also posted
Jane Doe #3 posted 4/29/2013 from Sacramento, CA:
Jane Doe #3 related she was unaware that images were taken and posted without her consent.
Following the posting of the images, a number of individuals she did not know, began to
5
17
message her on Facebook saying sexual inappropriate things, which led her to delete her
Facebook account. In addition to her Facebook page, it was also disclosed where she worked,
which resulted in further calls. Jane Doe #3 described this event as "upsetting, stressful, and
emotionally draining."
Jane Doe #10 posted on 8/13/13 from New Jersey.
Jane Doe #10 related that someone posted pictures of her nude body parts that she believes were stolen
from someone's phone. She also said that someone took photos from her Facebook account cropped
them and posted them along with her name, Facebook link and at one point in time her phone number
was also on there. She said she did not give anyone permission to post any photos of her on the website.
She further related that she had to delete her Facebook account that she received lots of emails and calls
from blocked numbers. Jane Doe #10 also said when she googled her name the pictures of her were also
on other websites.
Jane Doe #8 posted on 8/4/13 from North Hollywood, CA
Jane Doe #8 related that three nude photos of her were published on UGOTPOSTED without her
consent. The photos may have been passed along by a third party although she does not know whom the
culprit is. She says that is has to be someone she knows because her Facebook page and the name of the
city where she lives were linked to her photos. She further stated that she has been receiving multiple
messages on Facebook from people who were telling her about the photos being posted. She has
received harassing emails making rude comments about her photos, asking her to engage in sexual
activity, and asking for more nude photos. One individual told her that they were going to post her
photos on another site.
The following email from Jane Doe #8 dated 7/17/13 was retrieved from the search warrant related to
the ugotposted@gmail.com account.
Again, I am contacting you guys. I am getting nonstop harassing messages from people who
have seen me on here. I have already submitted a cyber crime report and I will have the police
and a lawyer involved. I want these photos removed now! I did not consent to these photos
being posted. Why others can ruin lives like this is beyond me. But please! Remove my photos. I
will be getting multiple people involved.
6
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LA Terry further related that she also contacted Jane Doe #1 (Posted April 4/2013 from California); Jane Doe
#2 (posted 4/18/2013 from California); Jane Doe #9(posted on 8/6/2013 from New York); Jane Doe #11 (posted
8/26/13 from Virginia) Jane Doe #12 (posted 9/4/13 from Pennsylvania); Jane Doe #13 (posted 9/10/13 from
Michigan); and Jane Doe #14 (posted 9/12/13 from Virginia.). Each of these victims complained that they did
not give anyone permission to post any photos of themselves on the website. Each one of them had to close
their Facebook accounts because of the unwanted harassing messages they received due to the link of their
Facebook page to UGOTPOSTED.
In addition to the information listed above, Doe # 1 and Doe #2 related that each of them sent an email to the
website asking that their photos be removed and were instructed to go to the link at the bottom of
UGOTPOSTED to have their photos removed. The link was to a website called
changemyreputation@gmail.com. Both Jane Doe #1 and Jane Doe #2 stated that they paid $249.99 to have
their photos removed from UGOTPOSTED.
UGOTPOSTED OWNERSHIP
In August 2013, I obtained search warrants from the Honorable Judge Joseph Orr, of the Sacramento
County Court, requesting subscriber information and records from Google and Yahoo
concerning the email account associated with UGOTPOSTED and account information and logs from
the domain name server CloudFlare concerning the domain UGOTPOSTED.
4
A search warrant was
also obtained requesting all records pertaining to the posting of the person identified as Jane Doe #6
from Los Angeles from the owner(s) ofUGOTPOSTED.
CloudFlare listed Kevin Bollaert as the registered owner ofUGOTPOSTED with a billing address of
1765 Garnet Avenue, #27 San Diego, CA 92109. This address was later to be determined a mail drop.
The records also included billing information and IP logs dated from November 5, 2012, to July 31,
2013. The IP logs contain the date, time, and IP address of the administrator/owner logging into the
UGOTPOSTED account along with the email address Kevinbollaert@gmail.com.
5
On September 12, 2013, Senior Assistant Attorney General (SAAG) Robert Morgester sent a letter to
UGOTPOSTED regarding their non-compliance to the search warrant previously served in August 2013.
-= ""
4
Domain names are common easy to remember names associated with an Internet Protocol address (defined below). For example, a
domain name of"www.usdoj.gov" refers to the Internet Protocol address of 149.101.1.32.
5
Internet Protocol Address (IP Address): Every computer or device on the Internet is referenced by a unique Internet Protocol (IP)
address the same way every telephone has a unique telephone number. Each time an individual has accessed the Internet, the
computer from which that individual initiated access is assigned an IP address.
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19
SAAG Morgester emailed the letter to the email addresses Kevinbollaert@gmail.com,
yougotposted@gmail.com, and ugotposted.contact@yahoo.com. In order to confirm that the site had notice,
SAAG Morgester also posted via the reply function
6
to UGOTPOSTED. A message was posted to Austin L.
and Melissa 0. photos (photos #1 and #2 on the site).
7
Upon posting the notice, the site administrator responded on the Austin L. page and stated the requested
information was previously sent to the Attorney General's Office. SAAG Morgester asked via the reply
function "To whom?"
SAAG Morgester stated shortly thereafter a phone call from a male caller who identified himself as
Kevin Bollaert and was calling regarding the search warrant and his response. SAAG Morgester stated the
following in summary:
"Bollaert identified himself as the custodian of the records. I requested to set up a meeting with
him regarding UGOTPOSTED and the records pertaining to the website. I told Bollaert I had to
confirm who the site owner was.. I also stated that in the current investigation, I would need to
be able to subpoena Bollaert to testify as to the records. When I asked for a phone number or
address, Bollaert responded that he is 'staying off th; grid" and none was provided. He stated
that he should be contacted via his Gmail account or his post office box address."
SAAG Morgester told me following the call; that his message posted to UGOTPOSTED was removed by the
site.
On September 18, 2013, I along with SA Jason Nichols interviewed BOLLAERT in La Jolla, CA. Prior to the
meeting, I sent an email to BOLLAERT stating he was not under arrest and he agreed to meet with us. During
the meeting, BOLLAERT confirmed that he was the individual that had been in contact with my office. He
.. ......
stated that he owned UGOTPOSTED and that he had recently voluntarily shut the site down. BOLLAERT
stated he and his friend Eric Chanson started the site and Chanson has not had any action with the site since
December. BOLLAERT stated, "at the beginning, it was fun and entertaining, but now it's just like ruining my
6
UGOTPOSTED allowed viewers to post comments directly to the web page containing the published victims images.
7
The messages stated in part: On or about August 2, 2013, the California Attorney General's Office served a search warrant on
UGOTPOSTED for the production of account information. Pursuant to California Penal Code section 1524.2, upon the receipt of a
search warrant UGOTPOSTED is required to produce the requested records within five business days. Upon a finding of good cause
by the issuing Court, this time may be extended. We are now 25 business days past the required production deadline. We are
requesting information pertaining to when the requested records will be produced and why the California Attorney General's Office
should not seek a hearing to determine why UGOTPOSTED should not be held in contempt of the Court's lawful order and process of
the Court, and for unlawfully interfering with the Court's process and proceedings.
8
20
life." He commented that he was receiving "about a hundred emails every day that come through" requesting
the removal of posted images. BOLLAERT stated he would make approximately $800-$900 a month off ads
linked to UGOTPOSTED. He said some of the ads were Chatterbay.com and Crakrevenue.com. I asked
BOLLAERT did he understand what it was doing to the people being posted on by requiring the full name,
residing city, and link to the posted persons Facebook page. BOLLAERT stated, "Yeah, I realize like this is not
a good situation. I feel bad about the whole thing and like I just don't want to do it anymore. I mean I know a
1
lot of people are getting screwed over like on the site. Like their lives are getting ruined."
At the conclusion of the interview, BOLLAERT was provided with two search warrants, one for his person and
one for his vehicle. I seized two HP laptops, one Mac Air laptop, and one iPad.
UGOTPOSTED LOGS
During my contact with BOLLAERT, he noted that he kept a log file Re1taining to the uploaded images.
8
The
. .
log captured all of the user posted site information including the referring uniform resource locator (URL),
users (posters) IP address; users (posters) email address, date, and time of the post. During a computer forensic
review, I retrieved the logs from BOLLAERT's HP laptop computer.
In reviewing the log file, I noted each entry appeared to relate to a user post made to the site. There were
approximately 10,170 posts that were made between December 2, 2012 and September 17, 2013.
In reviewing the log file, I also discovered a July 12, 2012, record pertaining to LA Terry's attempt to upload a
picture of a cat named Shiloh. The listed captured IP address correctly identified LA Terry's service provider.
Although captured by the log, the uploaded picture of the cat named Shiloh was never publicly published by the
site.
UGOTPOSTED GMAIL ACCOUNT
Pursuant to a search warrant, I received the emails pertaining to the email account yougotposted@gmail.com.
This was the public email address associated to UGOTPOSTED. There were over 2000 emails starting on June
20, 2013, through August 26, 2013. Approximately 1040 of the emails have the word "remove" in it. In
8
Log files are records automatically produced by computer programs to document electronic events that occur on computers.
Computer programs can record a wide range of events including remote access, file transfers, logon/logofftimes, and system errors.
Logs are often named based on the types of information they contain. For example, web logs contain specific information about when
a web site was accessed by remote computers; access logs list specific information about when a computer was accessed from a
remote location; and file transfer logs list detailed information concerning files that are remotely transferred.
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21
reviewing the emails, I focused on a sample of specific days and provided examples of the full email message,
which may contain grammatical errors. I redacted the victim's full name and email addresses.
-
approximately 15 of the emails were request to take down posted pictures. The take down request note

"emotional distress," "great stress in my work and personal life;" "defamation of character" and "underage
photos." The following is an example:
Subject: ! ! ! ! ! ! From: Kaiity
Date: 612012013 12:43 PM
To: <yougotposted@gmail.com>
To whom this may concern, I kaitly am extremely pissed or and upset that you people would
allow this. !was completely UNAWARE that my photos were posted. As a mother and someone
whos trying to go out and look for a job. I don't appreciate you allowing someone with no life, to
go and ruin someone that's tryig to do something with their life. I would like them immediately
taken down as well as the email address that posted them as I wish to take this person to court
for doing this. Sincerely Kaitly Please get back to me.
In reviewing the messages for June 21, 2013, I noted there were approximately 41 emails and approximately 35
were takedown requests. The following is an example:
Subject: Take my pictures DOWN
From: Melinda
Date: 612112013 2:34 PM
To: yougotposted@gmail.com
This website is an absolute disgrace. It makes me sick to my stomach you run this as your little
family business. I had pictures posted of me as of last night. My name is Melinda and I demand
you delete them now. I have gone to the police, I've had a restraining order put in place because
of this site, my phone has been going off EVERY 2 MINUTES with strange men sending
inappropriate things to me. It's disgusting. Also I've had to also have a sexual harassment
charge put in place in court because of this. I don't know what gets you off about ruining
people's lives, but I was under aged in the photos posted of me so yes, you are showing child
pornography. Delete every single one of the photos with my information.
In reviewing the messages for July 1, 2013, I noted that there are eight email messages and four are requesting
information on how to take down postings. On July 15, 2013, there were nine email messages and five were
requesting information on how to take down postings. On August 1, 2013, there were approximately 40 email
messages and approximately 26 were requesting information on how to take down postings. The following is
an example:
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22
Subject: Please answer me!
From:
Date: 81112013 6:58 PM
To: "yougotposted@gmail.com"
This is Brian. I've emailed you several mes and goen no response. My photos are on the site and I've
asked for them to be taken down. Cause of them I am being harassed. The pictures are not legal in any
way. Please answer me before I have to take this to the legal level
COMPUTER FORENSIC EXAM
During a primary review ofBOLLAERT's HP laptop computer, I located emails containing attached images of
various victims, individuals requesting their pictures be removed from UGOTPOSTED, victims stating they
were minors when the pictures were taken, or emails from law enforcement asking for information. I also
located an email from CloudFlare, the DNS that UGOTPOSTED was registered with, stating the site
changemyreputation.com was added to the CloudFlare account.
From: CloudFlare <no-reply@cloudflare.com>
Subject: [CloudFlare] changemyreputation.com has been added to your CloudFlare account
To: changemyreputation changemyreputation@gmail.com
Date: 10118112
Time: 5:58 PM
The name servers for changemyreputation.com have been updated and changemyreputation.com
has been added to your CloudFlare account. CloudFlare is now accelerating and protecting
your website. We are also gathering cool stats on your site, so check the reports & stats section
at https:/lwww.cloudflare.com/my-websites.html. For Free accounts, it takes up to 24 hours for
the stats to populate. For Pro accounts, it takes 15 minutes.
I also located email showing the email address changemyreputation@gmail.com was added to a PayPal account
and two emails showing what I believe to be BOLLAERT and/or Chanson testing the automatic email reply
sent from changemvreputation@gmail.com when a person inquires about removing images from
UGOTPOSTED.
I also located an email from PayPal to Eric Chanson at changemyreputation@gmail.com showing he linked his
bank account to his Pay Pal account. Approximately six minutes after this email was received, a person using
the name Eric Chanson deposited $300.00 dollars into changemyreputation.com's PayPal account.
Approximately one minute later changemyreputation@gmail.com received an email from PayPal stating
$300.00 was transferred from the PayPal account to a Bank of America account (BANK OF AMERICAN.A. x-
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23
4539).
9
I believe the two aforementioned emails were a test to see ifthe payment system was functioning due
to the fact changemyreputation.com started receiving payments from victims on October 26, 2012.
I located two emails showing that on October 26, 2012, changemyreputation.com received the $299.99
payment, BOLLAERT received $145.50 and $145.49 was transferred into a Bank of American account
(BANK OF AMERICAN.A. x-4539.)
I also located two emails where two victims from California paid changemyreputation.com to get
images removed from UGOTPOSTED. The following are portions of the emails:
Subject: Payment received
From: Jane Doe # 1
Date: 41412013 12:42 PM
To: Change My Reputation <changemyreputation2@gmail.com>
PayPal logo
Hello Change My Reputation,
Buyer information Jane Doe # 1
Ship-to address - Confirmed Jane Doe # 1
Apr 4, 2013 12:42:33 PDT Transaction ID: 7LU77733KP297233R
You received a payment of $249.99 USD
Online Reputation Management$249.99 USD1$249.99 USD
Total: $249.99 USD
Subject: Notification of payment received From: Jane Doe #2
Date: 412312013 10:46 AM
To: Change My Reputation <changemyreputation2@gmail.com>
PayPal logoApr 23, 2013 10:46:19 PDT Transaction ID: 6F983775R7898094T
Hello Change My Reputation,
You received a payment of $249.99 USD from Jane Doe #2
Shipping address - confirmed Jane Doe #2
Online Reputation Management
Questions? Go to the Help Center at: www.paypal.com/help.
PayPal Email ID PP341
Payment Payment sent to changemyreputation2@gmail.com
Description Unit price Qty Amount
Total$249.99 USD
During the computer review, I noted emails starting in January 2013 where BOLLAERT started
receiving the full payment for the submitted funds. I also noted emails were victims would pay lesser
amounts and when changemyreputation.com received a payment; BOLLAERT would receive the
9
I located an email which I believe to be Chanson informing BOLLAERT that as of July 29, 2013, that he did not want his name
associated with changemyreputation.com.
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24
payment. This continued until PayPal limited access to the account in May 2013, which prevented
BOLLAERT from using the account. At that point, BOLLAERT instructed victims to send him $250.00
in Amazon gift cards.
CONCLUSION
The publishing of nude photographs, in conjunction with the victim's name, Facebook account or other PII
without the victim's permission is the crime of identity theft in violation of Penal Code section 530.5. To be
guilty under section 530.5(a), the defendant must (1) willfully obtain personal identifying information of
another person, and (2) use the identifying information for an unlawful purpose without the person's consent."
(People v. Tillotson (2007) 157 Cal.App.4th 517, 533.) Here the unlawful purpose includes both a criminal
offense under Penal Code section 653m (b) and a civil tort for the publication of private images. (In re Rolando
S (2011) 197 Cal.App 936.)
Section 653m (b) states in pertinent part: "Every person who, with intent to annoy or harass, makes repeated
telephone calls or makes repeated contact by means of an electronic communication device, or makes any
combination of calls or contact, to another person is, whether or not conversation ensues from making the
telephone call or contact by means of an electronic communication device, guilty of a misdemeanor.
In this case the investigation revealed that Kevin BOLLAERT is aiding and abetting the crime of PC 653m (b) -
annoy or harass, by facilitating the publishing of nude photographs, in conjunction with the victim's name,
Facebook page or other PII, without the victim's permission, which is the crime of identity theft in violation of
Penal Code (PC) section 530.5.
Furthermore, Kevin BOLLAERT, by demanding and accepting payments to remove victims unauthorized
posted nude images from UGOTPOSTED via changemyreputation.com is the crime of extortion in violation of
Penal Code section 518. The publication of the victims nude images exposed them to disgrace within their
public lives. Kevin BOLLAERT continued to expose the victims private information and secrets to the public -
unless paid.
Therefore, I request that a warrant be issued ordering the arrest of Kevin BOLLAERT for the relevant felony
violations charged in the accompanying Felony Complaint.
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CALIFORNIA LAW VIOLATIONS:
Count 1
In and between April 2013 and September 2013, in the County of San Diego the crime of Conspiracy, in
violation of Penal Code section 182, (a)(l) a felony, was committed by Kevin C. BOLLAERT who did
unlawfully conspire together with another person and persons whose identity is unknown to commit the crime
ofldentity Theft, in violation of Penal Code section 530.5, a felony; that pursuant to and for the purpose of
carrying out the objectives and purposes of the aforesaid conspiracy, that Kevin BOLLAERT and others
committed the following overt acts at and in the County of San Diego, overt act(s).
Overt Act 1
Between December 2, 2012 and September 17, 2013, Kevin BOLLAERT was the administrator of a website
called " ugotposted.com".
Over Act2
Between December 2, 2012 and September 17, 2013, Kevin BOLLAERT, with the assistance of known and
unknown conspirators, posted Ten Thousand One Hundred Seventy (10, 170) private photographs containing
nude and explicit images of individuals who did not give permission for their private images to be posted
online.
Overt Act 3
Between December 2, 2012 and September 17, 2013, Kevin BOLLAERT posted the personal identifying
information of over ten thousand individuals in conjunction with private images of those individuals without
their permission.
Overt Act 4
On July 12, 2013, Kevin BOLLAERT failed to remove images of Jane Doe #6 following the receipt of an email
from Jane Doe #6 stating that due to private images of her, along with her personal identifying information,
being posted on ugotposted.com she was " ... scared for my life! People are calling my work place and they
obtained the information from this site! I did not give permission for anyone to put up those pictures or my
personal information. I have contacted the police but these pictures need to come down! Please!". Kevin
BOLLAERT did not remove the images after receiving this message from Jane Doe #6.
Overt Act 5
On July 17, 2013, Kevin BOLLAERT failed to remove images of Jane Doe #8 following the receipt of an email
from Jane Doe #8 requesting her private information and images be taken down from the site stating she was
"getting nonstop harassing messages ... " Kevin BOLLAERT did not remove the images after receiving this
message from Jane Doe #8
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26
Overt Act 6
Between June 20, 2013 and August 26, 2013, Kevin BOLLAERT received and reviewed over 2000 emails from
individuals requesting their personal identifying information and images be removed from ugotposted.com.
Overt Act. 7
In October of2012 Kevin BOLLAERT with the assistance of known and unknown conspirators opened and
updated an online account called changemyreputation.com.
Overt Act 8
Between December 2, 2012 and September 17, 2013, Kevin BOLLAERT collected in excess of $10,000(ten
thousand dollars) via changemyreputation.com from individuals paying to have their personal identifying
information and images removed from ugotposted.com.
Count 2
On or about April 4, 2013, in the County of San Diego, the crime ofldentity Theft, in violation of Penal Code
section 530.5(a), a felony, was committed by Kevin BOLLAERT, who did willfully and unlawfully obtain
personal identifying information of Jane Doe #1 and used that information for an unlawful purpose to wit, to
harass and annoy, without the consent of Jane Doe #1.
Count 3
On or about April 4, 2013, in the County of San Diego, the crime of Identity Theft, in violation of Penal Code
section 530.S(a), a felony, was committed by Kevin BOLLAERT, who did willfully and unlawfully obtain
personal identifying information of Jane Doe #1 and used that information for an unlawful purpose, and to
obtain, and attempt to obtain credit, goods, services, and money, without the consent of Jane Doe #1.
Count 4
On or about April 4, 2013, in the County of San Diego, the crime of Extortion, in violation of Penal Code
Section 520, a felony was committed by Kevin BOLLAERT, who extorted money and or other property from
Jane Doe #1 by means of threat such as is mentioned in Penal Code Section 519, to wit, to expose, or to impute
to her any disgrace or expose any secret affecting her."
Count 5
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Count 6
On or about April 18, 2013, in the County of San Diego, the crime ofldentity Theft, in violation of Penal Code
Count 7
On or about April 18, 2013, in the County of San Diego, the crime of Extortion, in violation of Penal Code
Section 520, a felony was committed by Kevin BOLLAERT, who extorted money and or other property from
Jane Doe #2 by means of threat such as is mentioned in Penal Code Section 519, to wit, to expose, or to impute
to her any disgrace or expose any secret affecting her."
Count 8
Count 9
Count 10
On or about May 11, 2013, in the County of San Diego, the crime of Identity Theft, in violation of Penal Code
16
28
Count 11
On or about May 11, 2013, in the County of San Diego, the crime of Identity Theft, in violation of Penal Code
Count 12
On or about July 6, 2013, in the County of San Diego, the crime of Identity Theft, in violation of Penal Code
Count 13
On or about July 6, 2013, in the County of San Diego, the crime ofldentity Theft, in violation of Penal Code
Count 14
Count 15
Count 16
17
29
Count 17
Count 18
On or about August 4, 2013, in the County of San Diego, the crime ofldentity Theft, in violation of Penal Code
Count 19
On or about August 4, 2013, in the County of San Diego, the crime ofldentity Theft, in violation of Penal Code
Count 20
On or about August 6, 2013, in the County of San Diego, the crime of Identity Theft, in violation of Penal Code
Count 21
On or about August 6, 2013, in the County of San Diego, the crime of Identity Theft, in violation of Penal Code
Count 22
On or about August 13, 2013, in the County of San Diego, the crime ofldentity Theft, in violation of Penal
Code section 530.S(a), a felony, was committed by Kevin BOLLAERT, who did willfully and unlawfully
obtain personal identifying information of Jane Doe #10 and used that information for an unlawful purpose to
wit, to harass and annoy, without the consent of Jane Doe #10.
18
30
Count 23
On or about August 13, 2013, in the County of San Diego, the crime ofldentity Theft, in violation of Penal
Code section 530.5(a), a felony, was committed by Kevin BOLLAERT, who did willfully and unlawfully
obtain personal identifying information of Jane Doe #10 and used that information for an unlawful purpose, and
to obtain, and attempt to obtain credit, goods, services, and money, without the consent of Jane Doe #10.
Count24
On or about August 26, 2013, in the County of San Diego, the crime of Identity Theft, in violation of Penal
Count25
On or about August 26, 2013, in the County of San Diego, the crime of Identity Theft, in violation of Penal
Count26
On or about September 4, 2013, in the County of San Diego, the crime of Identity Theft, in violation of Penal
Count 27
On or about September 4, 2013, in the County of San Diego, the crime ofldentity Theft, in violation of Penal
Count 28
On or about September 10, 2013, in the County of San Diego, the crime ofldentity Theft, in violation of Penal
19
31
Cotmt 29
On or about September 10, 2013, in the Cotmty of San Diego, the crime ofldentity Theft, in violation of Penal
obtain personal identifying information of Jane Doe #13 and used that information for an tmlawful purpose, and
Cotmt 30
obtain personal identifying information of Jane Doe #14 and used that information for an unlawful pii.rpose to
Cotmt 31
to obtain, and attempt to obtain credit, goods, services, and money, without the consent of Jane Doe #14
I declare tmder penalty of perjury that the foregoing is true to the best of my knowledge.
Executed in San Diego Cotmty, California, on December 10, 2013.
Declai'ant: Special Agent Brian Cardwell
Bail Recommendation: $50,000
This affidavit has been reviewed for legal sufficiency by Deputy Attorney General Tawnya Boulan.
Warrant to issue: -B
Defendant to be admitted to bail in the sum of$ - . __.
20
32
Proof by declaration under penalty of perjury having been made this day to me by the above-named declarant, I
find that it contains probable cause to believe the crimes described above have been committed by the defendant
named and described below, and do order a warrant of arrest to issue for the named person or persons.
Judge of the Superior Court
San Diego County
'"'2( l C) l1 lp.m. _ 4_, r _ __ _
Time & Date of Issuance
21
33
COURT ORDER
Based upon a review of the of the above declaration this court finds that there exists an overriding interest that
overcomes the right of public access to the record; the overriding interest supports sealing the record; a substantial
probability exists that the overriding interest will be prejudiced if the record is not sealed; the proposed sealing is
narrowly tailored; and no less restrictive means exist to achieve the overriding interest.
Therefore it is ordered that the following portion of the declaration identified as the "Confidential Attachment" be
sealed and not be made part of the public record until further order of this court or any other competent court.
c.._ -w
22
34

EXHIBIT C
35
12/11/13 Attorney General Kamala D. Harris Announces Arrest of Revenge Porn Website Operator | State of California - Department of Justice - Kamala D. Harris
https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-announces-arrest-revenge-porn-website-operator 1/2
Attorney General Kamala D. Harris Announces Arrest of Revenge
Porn Website Operator
Tuesday, December 10, 2013
Contact: (415) 703-5837
SAN FRANCISCO -- Attorney General Kamala D. Harris today announced the arrest of the alleged owner and
operator of a revenge porn website who facilitated the posting of more than 10,000 sexually explicit photos and
extorted victims for as much as $350 each to remove the illicit content.
This website published intimate photos of unsuspecting victims and turned their public humiliation and betrayal into
a commodity with the potential to devastate lives, Attorney General Harris said. Online predators that profit from the
extortion of private photos will be investigated and prosecuted for this reprehensible and illegal internet activity.
Kevin Christopher Bollaert, 27, of San Diego, was arrested today in San Diego by California Department of Justice
agents and is being held in San Diego County jail on $50,000 bail. According to documents filed in San Diego
County Superior Court, Bollaert has been charged with 31 felony counts of conspiracy, identity theft and extortion
and is facing possible jail time and fines.
Court documents allege that, in December 2012, Bollaert created the website ugotposted.com, which allows the
anonymous, public posting of private photographs containing nude and explicit images of individuals without their
permission. Commonly knows as revenge porn, the photos are typically obtained consensually by the poster during a
prior relationship or are stolen or hacked. Unlike many other revenge porn websites where the subject of the photos
is anonymous, ugotposted.com required that the poster include the subjects full name, location, age and facebook
profile link.
California Penal Code sections 530.5 and 653m (b) make it illegal to willfully obtain someones personal identifying
information, including name, age and address, for any unlawful purpose, including with the intent to annoy or harass.
Court documents also allege that Bollaert created a second website, changemyreputation.com, in October 2012,
which he used when individuals contacted ugotposted.com requesting that content be removed from the site. Bollaert
would allegedly extort victims by replying with a changemyreputation.com email address and offering to remove the
content for a fee ranging from $299.99 to $350, which could be paid using an online PayPal account referenced in
the emails. Ballaert allegedly told investigators, according to court documents, that he made around $900 per month
from advertising on the site and records obtained from his changemyreputation.com PayPal account indicate that he
received payments totaling tens of thousands of dollars.
According to court documents, ugotposted.coms registration listed a billing address in San Diego, CA.
The arrest comes after a six-month investigation by the California Attorney Generals eCrime unit.
Attorney General Harris created the eCrime Unit in 2011 to identify and prosecute identity theft crimes, cybercrimes
and other crimes involving the use of technology.
Individuals who feel they are victims of ugotposted.com or other revenge porn websites should file a complaint with
36
12/11/13 Attorney General Kamala D. Harris Announces Arrest of Revenge Porn Website Operator | State of California - Department of Justice - Kamala D. Harris
https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-announces-arrest-revenge-porn-website-operator 2/2
the California Attorney Generals office here: https://oag.ca.gov/contact/consumer-complaint-against-business-or-
company.
Please note that a complaint contains only allegations against a person and, as with all defendants, Kevin
Christopher Bollaert, must be presumed innocent unless and until proven guilty.
A copy of the complaint and arrest warrant are attached to the electronic version of this release here:
https://oag.ca.gov/news.
# # #
Attachment Size
Complaint.pdf 1.96 MB
Arrest warrant.pdf 1.14 MB
37

San Diego YouGotPosted Lawsuit: Motion To DIsmiss: Plaintiff's Supplemental Evidence

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