AFFIDAVIT FOR SEARCH WARRANT
THE STATE OF TEXAS
COUNTY OF BRAZOS

I. THE UNDERSIGNED AFFIANT, BEING A PEACE OFFICER UNDER THE LAWS OF TEXAS AND BEING DULY SWORN, ON OATH, MAKES THE FOLLOWING STATEMENTS:

YOUR AFFIANT, Stephen Acker, a peace officer, employed as a Sergeant Investigator, in the Office of the Attorney General, Austin, Texas and assigned to the Special Crimes Division, Gambling Task Force, says:

II. THERE IS IN BRYAN, BRAZOS COUNTY, TEXAS, A SUSPECTED PLACE AND I PREMISES DESCRIBED AND LOCATED AS FOLLOWS:

The premises locate at: "6017 Waldham Grove LN., Bryan, Brazos County, Texas." is further described as follows: A facility designed for single family dwelling, engineered as a one story structure. This structure is constructed with a concrete slab, wood-frame with a brick and wood exterior. The property located behind this structure is not visible (surrounded by 6 foot solid wood fence) to obtain a description of any unattached buildings. The location is within a residential neighborhood on a cull-de-sac and accessed by a public street with two-way traffic. The physical placement of the address numbers are on the front of the garage which faces the street and display "6017". These numbers are visible from "Waldham Grove Ln.". The structure is in an "L" shape with the garaged entrance closest to the street and the entry is offset to the corner of the "L". The premises to be searched also include any and all yards, outbuildings, storage areas, garages, carports, sheds, mailboxes assigned to the described premises, including but not limited to those listed. Said items to be seized and taken into custody are defined in Texas Penal Code Section 47.01(4) and gambling paraphernalia as defined in Texas Penal Code

III. CONTAINED THEREIN THE FOLLOWING ITEMS TO BE SEARCHED AND/OR SEIZED:

A. Computer and Related Items:

1. Computers, central processing units, computer motherboards, printed circuit boards, processor chips, all data drives, hard drives, floppy drives, optical drives, tape drives, digital audiotape drives, and/or any other internal or external storage devices such as magnetic tapes and/or disks. Any terminals and/or video display units and/or receiving devices and/or peripheral equipment such as, but not limited to printers, digital scanning equipment, automatic dialers, modems, acoustic couplers and/or direct line couplers, peripheral interface boards, and connecting cables and/or ribbons. Any computer software, programs and source documentation, computer logs, diaries, magnetic audio tapes and recorders, digital audio discs and/or recorders, any memory devices such as, but not limited to, memory modules, memory chips, bubble memory, and any other form of memory device utilized by the computer or its peripheral devices. (This description constitutes the definition of a computer system as that term may be used throughout this document.) And all computer related accessories not specifically mentioned herein, all equipment having been used in violation of Electronic Communication Privacy Act (ECPA), specifically, 18 U.S.C. 2703 and Wagering Wire Act.

2. Any documentation and/or notations referring to computer, the contents of the computer, the use of the computer, any computer software and/or communications. All information within the above listed items including, but not limited to machine readable data, all previously erased data, and any personal communication not limited to e-mail, chat capture, capture files, correspondence stored in electronic form, and/or correspondence exchanged in electronic form.

3. Any financial records, monies, and/or receipts as a part of and/or indicative of the obtaining, maintenance and/or evidence of said offense, financial and licensing information with respect to the computer software and hardware, other evidence concerning occupancy and control of said premises including, but not limited to utility and/or company bills, canceled mail envelopes, photographs, personal identification papers, rent receipts and keys.

4. Personal communications in electronic or written form, including but not limited to e-mail, chat capture, capture files, correspondence stored in electronic or written form and/or correspondence exchanged in electronic or written form as indicative of use in obtaining, maintenance, and/or evidence of said offense.

5. All of the above records, whether stored on paper, on magnetic media such as tape, cassette, cartridge, disk, diskette or on memory storage devices such as optical disks. Programmable instruments such as telephones, electronic address books, calculators, or any other storage media, together with indicia of use, ownership, possession, or control of such records. And that said items are concealed in violation of law to wit:

B. Accounting and Booking Records:

Books and records retained on any medium; financial statements; financial reports including balance sheets and income statements; account receivable and account payable journals; general ledgers and sub ledgers; cash receipt books, journals, and ledgers, bank account statements; canceled checks; deposit receipts; records pertaining to foreign and domestic partnerships and corporations; corporate minutes, tax reports, trade information, and licensing applications; property deeds; vehicle registrations; income tax return; daily business receipts, notes, ledgers, and correspondence; telephone toll records; address books; appointment and reservation books; diaries and journals; safe deposit box keys; safe, and, other papers or objects.

A. Transcription records of computer generated records, all output by or caused to be produced by a computer, including printer output, Teletype output, or paper output; all notes, papers, notebooks, or any other type of records associated with computer usage.

2. All records, papers, notes, reports, memorandum, and documents which pertain to the services which contain names, addresses, and/or information regarding past, present, or future customers.

3. All records, papers, notes, reports, memorandum, and documents which contain names, addresses, and/or information regarding persons, corporations or businesses to whom money has been transmitted.

4. All records, papers, notes, reports, memorandum, and documents which list names and identification numbers of individuals. All records, papers, notes, reports, memorandum, and documents, to include facsimile reports received or transmitted which list names and identification numbers of individuals, or instructions referencing the wiring, transfer, movement, or structuring of any currency transaction.

5. All Internet transactions of e-mail, ICQ Chat, Voice over ISP and video transfer of conversational content, books and records retained on any medium, financial statements, financial reports including balance sheets and income statements, account receivable and account payable journals, general ledgers and sub ledgers, cash receipt books, journals, and ledgers, bank account statements, canceled checks, deposit receipts, records pertaining to foreign and domestic partnerships and corporations, corporate minutes, tax reports, trade information, and licensing applications, property deeds, vehicle registrations, income tax return, daily business receipts, notes, ledgers, and correspondence, telephone toll records, address books, appointment and reservation books, diaries and journals, safe deposit box keys, safes, and other papers or objects.

6. Business records will also apply to any web page, domain name, business name, any email address, ICQ-Identifier and recorded conversations or records, voice over ISP accounts and physical address which has been registered with Network Solutions, Inc. or any other virtual Domain Registration Service.

7. All of the above records are inclusive, whether stored on paper, on magnetic media such as tape, cassette, disk, diskette or on memory storage devices such as optical disks, programmable instruments such as telephones, electronic address books, calculators, or any other storage media, together with indicia of use, ownership, possession, or control of such records.

IV. SAID ITEMS ARE CONCEALED IN VIOLATION OF LAW TO WIT: I

Danny Michael Beavers White/Male, Date of Birth September12, 1951, individually and as corporate officer of FindTexas.Corn, Inc., SmartConnect.Corn, Inc.,- and Monetize Media.com, Inc., Donald Mark Beavers White/Male, Date of Birth October 17, 1963, individually and d/b/a Betterdeals.com, and other persons unknown to AFFIANT at this time, are engaging in the offenses of-.

(1) GAMBLING PROMOTION in violation of Texas Penal Code Sec.47.03
(2) COMMUNICATING GAMBLING INFORMATION, in violation of Texas Penal Code Sec. 47.05,
(3) POSSESSION OF GAMBLING PARAPHERNALIA, in violation of Texas Penal Code Sec. 47.06 AND
(4) ENGAGING IN ORGANIZED CRIMINAL AC'T`IVITY, in violation of Texas Penal Code See. 71.02

V. SUCH BELIEF IS SUPPORTED BY THE FOLLOWING FACTS:

A. AFFIANT'S QUALIFICATIONS:

YOUR AFFIANT, Stephen Acker, is a peace officer, employed as a Sergeant Investigator, in the Office of the Attorney General, Austin, Texas and has been assigned to the Special Crimes Division, Gambling Task Force since October 1999. AFFIANT has been a Texas Peace Officer since June, 1970. AFFIANT is a member of the High Tech Computer Crime Consortium and has over 710 hours of training in the high technology field. He has been a Macintosh computer user since about 1994 and a Personal Computer user since 1977. AFFIANT has investigated numerous computer frauds involving theft of service, theft of proprietary information, computer harassment and computer stalking cases: AFFIANT has been involved in numerous computer credit card fraud cases involving the Buy Pay Program initiated within the Rice University community in Houston, Texas. AFFIANT has investigated these cases with success and has received convictions or restitution for the complainants in these cases. AFFIANT has conversed with and worked with experts in the United States Secret Service on computer counterfeiting of money crimes with the successful seizure of the primary computer used in the counterfeiting within the Texas network. AFFIANT has conversed with state and local law enforcement officers who have specialized in Computer related and high technology type cases, and who have considerable experience in investigating and interacting with persons who have illegally accessed computers, used computers for illegal activities and stolen computer parts. AFFIANT has been employed in the private sector as an investigator and was involved in the recovery of $850,000.00 in stolen computer parts with proprietary information contained within.

B. DESCRIPTION OF CASE / AFFIDAVIT

1. DISCOVERY OF INTERNET GAMBLING WEB SITES IN TEXAS

a. AFFIANT was assigned to conduct an investigation into the possible illegal activities of Danny Michael Beavers and Donald Mark Beavers, individually, and/or corporately through SmartConnect.Com, Inc., FindTexas.Com, Inc. and Monetize Media.com, Inc. AFFIANT began the initial portion of this investigation by performing a search of available records and databases as it pertained to FindTexas.Com. A search of Network Solutions revealed that for the web page FindTexas.Com, the administrative contact was Don Beavers, with a mailing address P.O. Box 5772, Bryan, Brazos County, Texas, with an e-mail address of don@TCA.Net, and a telephone number of 409-776-2194. Through Southwestern Bell telephone records AFFIANT learned that 409-776-2194 is registered to Denise Marilyn Beavers at 6017 Waldham Grove, Bryan, Texas.

AFFIANT also made a search on TCA.Net. Information received by AFFIANT from Network Solutions (See Attachment "A") revealed the site to be owned by Cox Internet with an address of 700 University Drive East, Suite 108, College Station, Brazos County, Texas. Cox Internet is owned by "COX COMMUNICATIONS" located at "1021 East, Southeast Loop 323, Suite 100, Smith County, Tyler, Texas.". According to Network Solution records the administrative contact for TCA.Net as MYRIAD CORPORATION with an address of 700 University Drive East, College Station, Brazos County, Texas. Cox Internet is known to AFFIANT as a local Internet Service Provider, ("ISP") from an Internet access account established by AFFIANT for this investigation. AFFIANT in establishing the Internet account for this investigation went to the offices of Cox Internet located at 700 E. University, suite 108, College Station, Brazos County, Texas on the 11th day of February, 2000. AFFIANT set up an Internet subscriber account under the name of "sacker". AFFIANT learned that in addition to e-mail and basic internet services, Cox Internet also offers web page hosting as an additional service to their customers .

AFFIANT while in Bryan on February 11, 2000 went to the Brazos County Clerk's Office. While there, AFFIANT made a search of the Assumed Names Records for Donald Beavers. AFFIANT was able to locate an Assumed Name Certificate on file (vol. 2973 p.74 Assumed Name Records Brazos County) for Donald Beavers d/b/a Betterdeals.com. AFFIANT would also state that the mailing address provided in this assumed name certificate is P.O. Box 5772, Bryan, Brazos County, Texas.

AFFIANT has identified Danny Michael Beavers from the photograph obtained from Texas Department of Public Safety from his Texas Motor Vehicle Operators Licenses. AFFIANT has seen Danny Michael Beavers at the address of 10619 Horseshoe Bend, Houston, Harris County, Texas. AFFIANT has also identified Donald Mark Beavers from the photograph obtained through Texas Department of Public Safety as residing at 6017 Waldham Grove, Bryan, Brazos County, Texas.

b. AFFIANT, through further investigation of Network Solutions records, learned that the website "FindTexas.Com" is hosted on the ISP servers at Pwebtech.net in New Jersey. A search of records on Donald Beavers, through Network Solutions provided additional information indicating to AFFIANT that Donald Beavers also had another web site registered to him bearing the name, "Bigtopcasino.com". This website shows an e-mail address of webmaster @Betterdeals.com with the administrator being, Beavers, Donald PO Box 5772, Bryan, TX 77805-5772 at the telephone number (409) 776-2194. This is the same postal box and telephone number listed on FindTexas.Com.

c. AFFIANT, continuing his research of Network Solution's database, learned "Bigtopcasino.com" was hosted by Zipclick.com. AFFIANT then checked registration on Zipclick.com which showed the registrant as Danny Beavers at address of 10619 Horseshoe Bend, Houston, Harris County, Texas, and a telephone number of 281-894-1661. Southwestern Bell Telephone Company records confirmed the telephone number to be registered to Danny M. Beavers, 10619 Horseshoe Bend, Houston; Harris County, Texas. Both "Bigtopcasino.com" and Zipclick.com resided on the Pwebtech.net web page server in New Jersey.

AFFIANT further investigated records through the Secretary of State incorporation filings which disclosed that Robert (Bob) Thomas Jr. LLC was the owner of Zipclick.com, Inc., at 2630 Fountainview, Suite 410, Houston, Harris County, Texas.

d. AFFIANT then viewed the web page for Zipclick.com which displayed the office address for Zipclick.com. as 2630 Fountainview, suite 410, Houston, Harris County, Texas. AFFIANT physically checked 2630 Fountainview on May 5, 2000 and observed an address sign at the location that displayed the logo and name for Monetize Media.com, Inc. Through a related search AFFIANT knows Monetize Media.com, Inc displays the address 2630 Fountainview, suite 410, Houston, Harris County, Texas on its Internet web page.

AFFIAINT then went to the entrance of 2630 Fountainview, Houston, Harris County, Texas, and observed that the building index indicated that Suite 410 was occupied by Linken and Thomas LLC. AFFIANT further investigated records through the Secretary of State incorporation filings which disclosed that Robert (Bob) Thomas Jr. LLC was the owner of Zipclick.com, Inc. AFFIANT was unable to enter the building due to the late hour and security access only.

AFFIANT has subsequently learned that, at 2630 Fountainview, suite 410, Houston, Harris County, Texas, in the office of Monetize Media.com, Inc. and Zipclick.com numerous desk style computers and numerous laptop computers were observed visually on June 1, 2000. The observation was made by Lt. Mark Riordan, a licensed peace officer for the State of Texas and employee of the Department of Public Safety and reported to AFFIANT.

e. In addition to in-state ISP's, AFFIANT was able to identify three out of state web page hosting ISP's supporting gambling web pages owned by Danny Michael Beavers and Donald Mark Beavers, individually, and/or corporately through SmartConnect. Com, Inc., FindTexas.Com, Inc., and Monetize Media.com, Inc. These Internet Service providers are Pwebtech.net, Mehost.com, and Webhosts.net. These ISPs were discovered to host on their servers the following web pages: "Bigtopcasino.com", " 2k-casino.com", "24hourcasino.com", "anchorisland.com", "blackjackcasino.com", "online-gamer.cvm", "blackjackisland.com", "blackjackcity.com", "anothercasino.com", "casinosontheweb.com", "auroracasino.com", "buenavistacasino.com", "gamblingtop50.com", and others.

Pwebtech.net is Pegasus Web Technologies, has a mailing address of P.O. Box 577, Franklin Lakes, New Jersey 07417 and hosts the following Internet web pages: "24hourcasino.com", "gamblingtop50.com"," blackjackland.com"," blackjackisland.com", and "blackjackcity.com".

Mehost.com also known as Mercury Domain Services and Mercury Hosting, Inc. has a i mailing address of P. O. Box 377, Franklin Lakes, New Jersey 07417. Mehost.com is hosting the web page "gt50.com" which is a multi platform gambling and wagering web page.

Big Biz Internet Services, a web host contractor, is located at 2464 El Camino Real, Suite 536 in Santa Clam, California 95051. BigBiz Internet Services hosts for Danny Michael Beaver "casinosontheweb.com" and "Bigtopcasino.com" through the third Internet web host WEBHOSTS.NET; WEBHOSTS.NET has the same address as Big Biz Internet Services.

AFFIANT's search of the Network Solution's registration information for the listed web sites hosted at either Pwebtech.net, Mehost.com or WEBHOSTS.NET show the web sites to be registered to either Danny Michael Beavers, FindTexas.Com Inc., SmartConnect.Com, MonetizeMedia.com, Donald Mark Beavers or Betterdeals.com in Texas . AFFIANT's search of these web sites through Network Solutions also indicates that the administrative contact and webmaster for these Internet gambling web pages listed above is Donald Beavers with an address listed as 6017 Waldham Grove. Bryan, Brazos County, Texas.

f. AFFIANT conducted a search of the Texas Secretary of State corporation records filings for the following incorporations: SmartConnect.Com, Inc., FindTexas.Com, Inc. and Monetize Media.com, Inc. AFFIANT found that Danny Michael Beavers is shown as the initial director, and registered agent of these three corporations with an address of 737 12th Street, Hempstead, Waller County, Texas. These corporate records show Roy W. Wiesner, CPA at 737 121' Street, Hempstead, Waller County, Texas is the incorporator of SmartConnect.Com, Inc., FindTexas.Com, Inc. and Monetize Media.com, Inc.

AFFIANT upon reviewing the corporate records filed with the Secretary of State for both, FindTexas.Com, Inc. and Monetize Media.com, Inc., in "Article I" of the Articles of Incorporation, read: "The name of the corporation is SmartConnect.Com Inc." SmartConnect.Com, Inc. is the name under which both FindTexas.Com, Inc. and Monetize Media.com, Inc. operate.

g. Through further investigation, AFFIANT obtained information that additional Internet gambling web pages, namely: " ibookies.com", "uvegas.com", "sportbet.net" and " zbet.com", are registered through Network Solutions to FindTexas.Com, Inc. The address listed on the registration pages is: 737 12th Street, Hempstead, Waller County, Texas. Additionally, the administrative contact for these web pages, as reflected by Network Solutions is Don Beavers and SmartConnect at P.O. Box 5772, Bryan, Brazos County,Texas. The administrative contact telephone number is 409-776-2194. This is the telephone number registered to Denise Marilyn Beavers, as set out above.

AFFIANT, in an attempt to identify the host server of these web sites, performed a Network Solutions internet provider lookup for: "ibookies.com", "uvegas.com", "sportbet.net" and "z-bet.com". The results of this search revealed a Texas ISP. This Texas ISP is identified as Rackspace.com. Rackspace.com is located at 112 East Pecan Suite 600, San Antonio, Bexar County, Texas.

h. Rackspace.com is the primary Internet Web Host in Texas for FindTexas.Com, Inc., also known as SmartConnect.Com. Inc. Internet servers at Rackspace.com house the primary Internet web pages ibookies.com , uvegas.com , sport-bet.net„ and z-bet.com„. AFFIANT queried the Domain Name server of Rackspace.com. This query resulted in the Internet gambling web pages, "ibookies.com", "uvegas.com", "sport-bet.net" and "zbet.com" and numerous other web pages using the same name and web page extension. AFFIANT'S investigative research revealed Rackspace.corn was hosting approximately a 255 plus Internet gambling web pages registered to FindTexas.Com, Inc. AFFIANT discovered that the 255 plus gambling web pages contained links to one thousand four hundred ninety five (1945) assorted Internet gambling web sites.

FindTexas.Com, Inc. maintains multiple Internet Protocol Addresses registered with Network Solutions at Rackspace.com. On March 23, 2000 AFFIANT traveled to the offices of Rackspace.com. Located at 112 E. Pecan Street, Suite 600, San Antonio, Bexar County, Texas. Once there AFFIANT spoke to Matthew Schatz, a sales executive for Rackspace.com. Schatz, told AFFIANT that Rackspace.com issues the Internet Protocol Addresses (IPA) to the web sites or groups of Internet web sites with whom they contract. Internet Web hosting through Rackspace.com is only accomplished by written agreement. Rackspace.com provides the telecommunications fiber access (telephone and modem access) directly onto the Internet. The IPA's that are registered or assigned to FindTexas.Com, Inc, include 209.163.235.0- 209.163.235.255. The IPA's for "ibookies.com"," uvegas.com", "sport-bet.net°, and "z-bet.com" are included in the IPA's, 209.163.235.0 through 209.163.235.255. AFFIANT knows as a result of this investigation that Rackspace.com assigned these IPA's to FindTexas.Com, Inc. While at Rackspace.com AFFIANT was told by Schatz that the network equipment and servers are physically located in San Antonio, Texas in suite 600 at the Weston Centre at 112 E. Pecan Street, San Antonio, Texas.

2. INTERNET GAMBLING THROUGH "BIGTOPCASINO.COM"

a. AFFIANT initiated an investigation on February 9, 2000. The first web site selected was "Bigtopcasino.com" which is an interactive gambling web page.

b. On February 11, 2000, AFFIANT while situated in Brazos County, College Station, Texas, signed on to the Internet. After signing on to the Internet AFFIANT entered the web page, "Bigtopcasino.com." Displayed on the web page were a large photograph of a casino and three interactive web buttons. AFFIANT, by clicking on the interactive web page button labeled FREE DOWNLOAD, received software designed to enable AFFIANT to gamble. Information on the screen indicated to AFFIANT that the origin of the software was from "Entercasino.com." This software is necessary to gamble in the virtual gambling casino, Casino O Net. Upon opening the downloaded gambling software for Casino O Net, a registration page appeared. The registration page required identification and password entry- AFFIANT, upon completing the registration form, was transported back to the Internet Casino lobby displaying the name Casino O Net. AFFIANT then established a $200.00 credit card account for gambling verified by "Intersafeglobal.com," an Internet electronic money provider. "Intersafeglobal.com"'s web site required further personal information and credit card entry, wire transfer or bank check to finance the gambling activity. AFFIANT provided the necessary information and was given an alias identification (AKA) and password to gamble for real money and was automatically transported back to Casino O Net from "Intersafeglobal.com." AFFIANT viewed the casino lobby web page displaying selections of known gambling games. Selections displayed included; Poker, Roulette, Slots, Blackjack and Baccarat. Once the gambling selection was made, AFFIANT was transferred to the gambling web page selected. AFFIANT was then required to bet real money before the game would proceed forward in play.

c. AFFIANT, with the established two hundred dollars ($200_00) credit card account, placed real money bets and gambled on the virtual casino, Casino O Net. AFFIANT selected the game Blackjack and placed five dollar ($5.00) bets- The object of the game of Blackjack is to receive playing cards from the dealer and to accumulate a total card value of 21 or as close thereto as possible. The player wins their bet if they are able to beat the dealer or house if the player's points are closer to 21 than that of the dealer or house. AFFIANT also played the riot machines. The slot machine was a computer generated game. This game pictured a machine which consisted of simulated rolling or spinning reels of icons. Various alignments of icons, if winners, pay differing amounts. An alignment of all of one icon might pay several times the amount bet while aligning all of a different icon would pay much more. The game operated purely by chance, as did Blackjack. The player is unable to influence the game in any way. AFFIANT within thirty minutes of real money betting on the game blackjack and slots, won one hundred eighty-four dollars and twenty-five cents ($1$4.25). AFFIANT then cashed out the winnings, received a verification of the winnings and cashed out from "Intersafeglobal.com." AFFIANT also received a bank verification of the money deposit to the credit card and bank account.

d. AFFIANT, after reviewing and activating the gambling web page "Bigtopcasino.com"'s interactive web page buttons, found that the only use of this Internet web page was to promote gambling. The singular function of "Bigtopcasino.com" is to provide an access to receive gambling software necessary to gamble at the virtual gambling casino, Casino O Net. AFFIANT found that the software download was the only method by which access could be obtained to Casino O Net.

e. AFFIANT knows through training and experience that Internet web pages require continual observation and maintenance. This maintenance shows ongoing intent to promote and communicate gambling in Texas. The maintenance must be done because of changes in linked Internet web pages or to modify and upgrade the design of the web page itself. AFFIANT knows that a computer and computer modem connection accomplish the transferral of data files to a web page host location- The transferral of data files to the host server maintain the operational integrity of the web pages. AFFIANT observed many updates and design changes to the gambling web pages named during the investigation.

Rackspace.com, being the primary Internet web host in Texas for Danny Michael Beavers, Donald Mark Beavers, FindTexas.Com, and Monetize Media.com, Inc., will leave recent data records showing this ongoing maintenance.

3. GAMBLING THROUGH SPORTBET.NET AND IBOOKIES.COM

a. AFFIANT, on March 23, 2000, returned to College Station, Brazos County, Texas and signed on to the Internet. AFFIANT then viewed "sport-bet.net" and " ibookies.com", two of the numerous Internet web pages located on the Rackspace.com network server displaying Internet gambling web pages that are registered to FindTexas.Com, Inc.

b. AFFIANT having accessed the Internet and entering the web page name for "sportbet.net" and "ibookies.com" name was transported to "Diamond Sportsbook International" at web page name www.2betdsi.com and www.Gambling.com. AFFIANT registered as a member player on each gambling web page. AFFIANT was assigned an alias name and password to enter each web page registered. AFFIANT established a credit card account for sports betting on Internet Gambling sites, "sportbet.net" and "ibookies.com". These accounts were established with starting amounts of $200.00 each.

c. AFFIANT on May 19, 2000 reviewed the monthly statements for the credit card account used by AFFIANT to establish the gambling accounts. AFFIANT found that according to the monthly statements these two accounts were opened on March 23, 2000 and the statement further indicated that four hundred dollars ($400.00) total had been charged against the credit card.

d. AFFIANT on May 4, 2000 returned to College Station to further this investigation and signed on to the Internet through the subscriber account he had with Cox Internet. AFFIANT again entered the Internet web pages of ibookies.com and sportbet.net. AFFIANT then placed real money bets on the two Internet web pages which were displayed showing the name Diamond Sports International and Garnbling.com also known as SportsBet. Bets were placed on sports and athletic events where a specific team was chosen and the point spread for winning was also entered. A five dollar bet ($5.00) was placed through sportbet.net and a three dollar ($3.00) bet was placed through ibookies.com. In both events the money was calculated and subtracted from the balance of two hundred dollars ($200.00) with which each account was started.

e. AFFIANT also on May 4, 2000 gambled at the virtual casino, Casino O net with the existing real money account established through Bigtopcasino.com. The casino games, Blackjack, Video Poker, and Electronic Slots were played for real money. AFFIANT lost one hundred eighty three dollars ($183.00) leaving seventeen dollars ($17.00) remaining in an active account.

f. AFFIANT, while signed-on through the established network with Cox Internet, physically made more than 5 bets within a 24 hour period on May 4, 2000 between the hours of 7:OOPM and 10:00PM. These five bets included two basketball events, made through "ibookies.com", which linked to "Diamond Sportsbook International", and bets through "sportbet.net" on two baseball events and one basketball event.

g. AFFIANT having physically made more than 5 bets within a 24 hour period determined that Danny Michael Beavers and Donald Mark Beavers, individually and corporately through SmartConnect.Com, Inc, FindTexas.Com, Inc. and Monetize Media.com, Inc, had violated the Texas Penal Code Section 47.03 (a) (2) by engaging in bookmaking practises of receiving, recording and forwarding more than five (5) bets within a twenty four hour (24) period.

5. COMPUTERS USED TO PRODUCE AND DELIVER INTERNET GAMBLING WEB PAGES:

a. AFFIANT believes the above named persons, and/or corporations caused Internet web pages, specifically designed to promote gambling to be visible and accessible on the Internet to Texas residents. AFFIANT also believes this scheme was accomplished through the physical design of the web page by a person entering a recognizable computer language (HTML, or other computer language) and this person or others would maintain the design and integrity of the gambling web page files.

b. AFFIANT believes that Danny Michael Beavers and Donald Mark Beavers have communicated the information as to bets, betting adds, or changes in betting odds by means of the Internet web pages owned by and registered to them individually and/or corporately and have maintained the computer equipment necessary at Rackspace.com. Rackspace.com, the Texas based web host, was used as the vehicle to communicate these bets, betting odds and change in betting adds on the Internet. The use of this web host to access the Internet is the primary communications provider by which Danny Michael Beavers and Donald Mark Beavers communicate their gambling web pages.

c. AFFIANT knows that a computer and computer modem, can be used to access the Internet. Rackspace.com, the Internet web host in Texas; was used in this manner to facilitate promotion of gambling on the Internet by Danny Michael Beavers and Donald Mark Beavers.

d. Danny Michael Beavers and Donald Mark Beavers, individually and I or corporately through FindTexas.Com, Inc. and Monetize Media.com, Ire under the name of SmartConnect.Com, Inc., delivered by computer, using File Transfer Protocol (FTP) via the local ISP, Cox Internet, to their Internet web page host, Rackspace.com, computer web page files. These files created the gambling web pages seen on the Internet.

6. INCOME DERIVED FROM GAMBLING WEB PAGES

a. AFFIANT has shown that Donald Mark Beavers d/b/a/ Betterdeals.com, and Danny Michael Beavers, SmartConnect.Com, Monetize Media.com, Inc and FindTexas.Com, Inc. have communicated with the distributors of the Casino Q Net gambling software. Casino O Net is registered, according to Network Solutions, to the registrant Armon Katz-Web Services located at the address indicated by Network Solutions as Kfar Vitkin Israel, Kfar Vitkin, 40200 IL. Armon Katz, Dejan Nikoloic and Itzik Nosatzki are shown as contacts and technical contacts. Cassava Enterprises LTD., P.O. Box W352, Woods Post Office, St. John's, Antigua, is listed as the business entity responsible for publishing the website "Entercasino.com" which displays Casino O Net.

Entercasino.com maintains an affiliate program web page, "123cash4.com." 'This affiliation web page is published on the Internet and describes the manner in which they pay for each downloaded software- Published is the fee of $1.00 per download of Casino O Net software. This software is providing the only access to the virtual gambling casino, Casino Q Net and is also published on all the Internet web pages maintained/owned by Donald Mark Beavers d/b/a Betterdeals.com, Danny Michael Beavers, SmartConnect.Com, Monetize Media.com, Inc. and FindTexas.Com, Inc.

b. AFFIANT has reviewed records from Texas Workforce Commission that shave Roy W. Wiesner, CPA in the third quarter of 1999 reported income from FindTexas.Com, Inc. as an employee and has also disbursed money during the same period-to Danny M. Beavers as an employee of FindTexas.Com, Inc. The Internet gambling web pages maintained or owned by Donald Mark Beavers d/b/a Betterdeals.com, Danny Michael Beavers, SmartConnect.Com, Monetize Media.com, Inc. and FindTexas.Com, Inc. show no other purpose other that to gamble and facilitate the ability to gamble.

7. ELECTRONIC COMMUNICATIONS PRIVACY ACT (ECPA), specifically, i 8 U.S.C. 2703.:

a. It is important to note that although data may be contained on a hard drive, removing the drive from the computer would be both difficult and possibly harmful to the data contained on the drive. Additionally, specific configuration information is stored in the system that may be needed for the analysis of the data. Based on my training and experience, it is also clear that searching the subject's computer and separate computer media to the degree necessary to discover all information stored within that computer or media which is encompassed by the warrant requested in this case would be difficult to perform on-site and would risk destruction of key evidence. Proper on-site inspection of a computer system is time consuming and may take several hours. Computers are capable of storing large amounts of data; a thorough search of a single computer may take days or weeks. The subject's system(s) may require the knowledge of an additional expert(s) depending upon the type of computer and software found at the premises. Furthermore, a search performed at the premises could risk destruction of evidence. Persons concerned about detection are able to "rig" their computers in such a way that an otherwise innocuous instruction acts as a signal for the computer to erase data. AFFIANT may not be able to perform even a cursory search without spending a great deal of time at the scene ensuring that the computer has not bin "rigged." Those persons may also employ farms of computer security which can only be bypassed, if they can be circumvented at all, by specialists using a sophisticated laboratory. AFFIANT therefore requests permission to remove all computers and computer media for further examination at as off-site location.

b. Because of the ways in which various types computer technologies operate in storing or processing records, it is common to find that specific records authorized to be seized are inextricably mixed with other records, programs, or files (similar to abound-volume book containing financial records, addresses, a diary, anal notes, for example). Current technology also alloys the storage of sounds, images and video "movies" as digital files on a diskette or chip in a recording device, as well as on different formats of magnetic tape. Additionally, personal correspondence stored in electronic form (including but not limited to e-mail) is frequently stared on these systems arid is also inextricably mixed with items of evidentiary value. Among these items may be personal correspondence stored in electronic form. Information such as stolen access codes or communications between conspirators may be in the form of electronic communications (such as e-mail) residing on any media (e.g., magnetic or optical media). The storage medium containing records or evidence relating to the crime under investigation will be seized for analysis, but only those items authorized to be seized by the warrant will be printed out, disclosed, stored on an evidence disk, or otherwise copied for evidence purposes.

c. AFFIANT is aware that seizing stored communications implicates privacy rights which Congress believed important enough to protect under the Electronic Communication, Privacy Act (ECPA), specifically, 18 U.S.C. 2703. In executing the warrant requested, it is possible that AFFIANT will seize such communications, along with other material encompassed in the warrant.

d. AFFIANT is also aware that seizing arguable work product and/or documentary materials from someone who may be a publisher holding said materials for publication implicates privacy rights which Congress believed important enough to protect under the Privacy Protection Act, 42 US-C. 2000aa (PPA). AFFIANT believes that any material AFFIANT seizes will not fail within the PPA.

e. In order to further the purposes of the ECPA, and the PPA, and to avoid any harm resulting from mistaken or unavoidable seizure of items protected by the ECPA and/or PPA, AFFIANT therefore seeks this court's permission to hold all magnetic media seized 2 days without examining it. This delay is intended to give affected parties a chance to ask this court to prevent further examination of said materials pending challenges based upon the ECPA and/or PPA.

f. AFFIANT requests court approval for this procedure because AFFIANT will, by necessity, be seizing magnetic media without examining it first to ensure that it only contains stored communications that are encompassed by the warrant. AFFIANT seeks court approval for "removal to Travis County" of items from the premises, and suspension of the search of those items for the two-day period to allow allegedly aggrieved persons to file challenges with this court. If no objections are made to this court, examination of the material covered by this order shall proceed.

VI. INFORMATION SOUGHT FOR SEIZURE:

A. Any and all records, including but not limited to, subscriber information, including screen name (s) and / or account name(s); phone number(s), address, connection records, to include logon dates and times, IP addresses assigned for each session, origination information for each call, phone number used for access to the system, news group logs, e-mail logs, quantity of local storage provided and percentage utilized (non content information), credit, and billing information for any and all accounts held in the name of:

Danny Michael Beavers,
Donald Mark Beavers,
Denise Marilyn Beavers, as the registrant of the telephone at 6017 Waldham Grove,
Bryan, Texas, 409-776-2194 which is displayed on the Network Solutions registrations.
Roy W. Wiesner CPA,
Robert (Bob) L. Thomas, Jr. LLP, Inc., FindTexas.Com, FindTexas,
SmartConnect.Com, Inc., SmartConnect.Com, SmartConnect,
Monetize Media.com, Inc, Monetizemedia.com
Zipclick.com, Zipclick2-DOM,
Betterdeals.com (d/b/a) Betterdeals,
TCA.Net, TCA Internet Access, WWW.TCA.Net, Cox Internet, Inc., Cox Internet, Cox Communications, Cox Communications, Inc.
Myriad.net, Myriad (d/b/a.),
Intersafe Global LLC its employees or agents who supply the download server for gambling software from Entercasino.com,
Armon Katz-web services, Armon Katz, Dejan Nikoloic, Itzik Nosatzki - 123cash4-Dom care of Dejan Nikoloic are cash paying entities which pay for the downloaded of software and the number of hits per page.
CASSAVA ENTERPRISES LTD. P.O. Box W352, Woods Post Office, St. John's, Antigua
Pegasus Web Technologies (Pwebtech-DOM),
Mercury Domain Services, Mercury Hosting, Inc. (Mehost.com),
BigBiz.Com., BigBiz Internet Services,
Webhost.net
Rackspace.com, Fibercom, Inc,

737 12th Street, Hempstead, Texas,
10619 Horseshoe Bend, Houston, Texas,
6017 Waldham Grove Ln, Bryan, Texas,
P.O. Box 5772, Bryan, Texas

for the period of May 01, 2000 to present, inclusive. Furthermore, any and all company policys and activities pertaining to the frequency of backup operations and retention periods of same.

B. The following subscriber account information:

    1. DON@TCA.Net AND DANNY@TCA.Net

      2. I. IP (in and outgoing) log files starting on May 1, 2000 continuing through present.
      2. All subscriber records for DON@TCA.Net AND DANNY@TCA.Net.
      3. Any and all ANI log files for the account:

    2. SACKER @ TCA.Net

1. IP (in and outgoing) log files starting on May 1, 2000 continuing through present.
2. All subscriber records for DON@TCA.Net AND DANNY@TCA.Net.
3. Any and all ANI log files for the account:

VII. JUSTIFICATION FOR SEIZURE OF HARDWARE:

A. AFFIANT knows that in connection with his employment, he uses computer systems as well as conducting computer-related investigations. In the past 5 years, AFFIANT has supervised or participated in executions of search warrants for computer-stored records and evidence. AFFIANT based upon his training arid experience that conducting a search of a computer system, documenting the search, and making evidentiary and discovery copies are a lengthy process. It is necessary to determine that no security devices are m place which could cause the destruction of evidence during the search; in some cases it is impossible even to conduct the search without expert technical assistance- Since computer evidence is extremely vulnerable to tampering or to destruction through error, electrical outages, and other causes, removal of the system from the premises will assist in retrieving the records authorized to be seized, while avoiding accidental destruction or deliberate alteration of the records. It would be extremely difficult to secure the system on the premises during the entire period of the search.

B. AFFIANT also knows that whether records are stored on floppy disks or on shard drive, even when they purportedly have been erased or deleted, may still be retrievable. AFFIANT is familiar with the methods of restoring lost data commonly employed by computer users, and has used those methods himself. AFFIANT has also obtained the assistance of a computer expert in several cases, in order to obtain the contents of computer-stored evidence, where normal methods revere unsuccessful. AFFIANT would state that should such data retrieval be necessary, it is time-consuming, and would add to the difficulty of securing the system on the prep rises during the search.

C. AFFIANT knows based on his training and experience that the accompanying software must also be seized, since it would be impossible without examination to determine if it is a standard, commercially available software: it is necessary to have the software used to create data files and records based on the computer hardware in order to read the files and records. In addition, without examination, it is impossible to determine that the diskette purporting to contain a standard commercially available software program has not been used to store records instead. AFFIANT has been informed that the system documentation, instruction manuals, and software manuals are also necessary to properly operate that specific system in order to accurately obtain and copy the records authorized to be seized.

D. AFFIANT knows because of the specialized nature existing within the examinations necessary for accounting and large network computer examination, such as the ISP's named in the locations of the search warrants that it will be necessary to employ the assistance of onsite, non-commissioned peace officers for accounting, information analysis and computer network assistance. AFFIANT requests permission to enlist the assistance of specialized non-commissioned peace officers during the execution of the requested search warrant as necessary.

WHEREFORE, PREMISES CONSIDERED, your AFFIANT respectfully requests a warrant be issued authorizing any peace officer of Brazos County or any peace officer of the state of Texas, to enter the aforesaid locations with the authority to search for and seize the described articles in this affidavit which constitute implements, instruments and instrumentalities and proceeds that are kept or located at the above stated suspected place in violation of Chapter 47 and Chapter 71 to wit: Texas Penal Code Section 47.03, Texas Penal Code Section 47.05, Texas Penal Code Section 47.06 and Texas Penal Code Section 71.02., specifically the offense of Gambling Promotion, Communicating Gambling Information, Possession of Gambling Paraphernalia and Communicating Gambling Information, all in violation of the Texas Penal Code 47.06 & Engaging in Organized Criminal Activity, in violation of Texas Penal Code Sec. 71.02..

STEPHEN ACKER, AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME BY AFFIANT ON THIS THE 22 DAY OF JUNE, 2000.

MAGISTRATE

JUDICIAL. DISTRICT COURT
BRAZOS COUNTY, TEXAS