STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT COURT FILE NO. 19HA-CR-10-548 COUNTY ATTORNEY FILE NO. CA-10-267 CONTROLLING AGENCY: MN0190700 CONTROL NUMBER: 10000345 State of Minnesota, Plaintiff, [ ] SUMMONS [ ] WARRANT [X] ORDER OF DETENTION v. [ ] AMENDED NOAH AUSTIN CARLSON 11941 Crocus St Coon Rapids MN 55433 DOB: 9-2-81 Defendant. COMPLAINT The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offense(s): COUNT I IDENTITY THEFT (AID & ABET) M.S. 609.527, Subd. 2, Subd. 3(3); 609.05; 609.101 0-5 years and/or $3,000-$10,000 MOC: U1733 GOC: X [X] Felony [ ] Gross Misdemeanor [ ] Misdemeanor [ ] Petty Misdemeanor That on various dates in January 2010, with venue in Dakota County, Minnesota, NOAH AUSTIN CARLSON did aid, advise, hire, counsel, or conspire with or otherwise procure another to commit a crime, and did transfer, possess, or use an identity that was not his own, with the intent to commit, aid, or abet any unlawful activity, and the offense involved two or three direct victims or the total, combined loss to the direct and indirect victims was more than $500 but not more than $2,500.
STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your Complainant is a police officer with the West St. Paul Police Department. In that capacity I have reviewed the police reports and believe the following to be true. Based on your complainant s training and experience, he has learned that a common identity theft operation is one in which an individual, usually operating as part of a group or ring, works at a retail establishment where the person has access to the credit cards of retail customers. The perpetrator uses a hand held skimmer device through which the credit cards are swiped, capturing all of the data regarding the credit card, the credit card number, the account holder, and other information. In such an operation, usually another member of the ring then downloads the information from the skimmer into a computer. That information is then uploaded from the computer on to any type of blank gift card or credit card with a metallic strip on the back which can hold information. Those cards are then distributed to other members of the group who use the cards to fraudulently make purchases from merchants and retail establishments. Your complainant, in conjunction with other officers from other police departments in the Twin Cities area, investigated Noah Austin Carlson, the above-named defendant, as a result of his involvement in an identity theft operation. Your complainant learned from the manager of a specified restaurant in Coon Rapids, Minnesota that the defendant had worked there as a server in January of 2010. Your complainant also learned from police contacts with five individuals that the individuals had all dined at that same restaurant in January 2010. The restaurant records show that the defendant was a server for each of the five victims of credit card theft. The investigation revealed that there was no common restaurant or merchant where each of the victims had used their credit cards other than the described restaurant in Coon Rapids. 2
On January 23, 2010, victims #1 and #2 joined other friends at the Coon Rapids restaurant for a reunion. Victims #1 and #2 had not seen each other for 25 years and informed police that they had not seen each other since the January 23 rd meeting at the Coon Rapids restaurant. Both the restaurant records and receipts demonstrate that the defendant was the server for Victims #1 and #2. The restaurant policy required the servers to use hand held scanners to scan the credit cards at the table in front of the customers. Both Victim #1 and Victim #2 reported to police that each of their credit cards were not scanned at the table by the defendant, but were taken away from the table out of their sight for preparation of their checks and credit slips for the meals. Investigators also learned from the restaurant that the individual server at the restaurant is the person responsible for scanning the credit cards of customers the particular server waits on. Investigators were also informed by the restaurant manager that during a shift when the defendant worked one week before January 23, 2010, one of the hand held credit card scanners disappeared. From information supplied by the victims, investigators learned that on January 28, 2010, the credit card of Victim #1 was used in an attempt to charge merchandise at a major discount store in West St. Paul, Dakota County, Minnesota, but the charge was declined. The records also showed that the same merchandise was then charged on the credit card of Victim #2 at the same date, location and store in the amount of $632.04. Since the credit cards of Victim #1 and Victim #2 had never been used at the same location except for at the Coon Rapids restaurant, then had been used to purchase merchandise five days later at the same store, date and location, investigators concluded that the only person that could have stolen the credit card information was the defendant. On January 27, 2010, Victim #3 ate at the same restaurant in Coon Rapids and used a credit card to pay for the meal. Records demonstrate that the defendant was also the server for 3
Victim #3. Victim #3 s credit card information was used a few days later to fraudulently purchase merchandise in Dakota County in the amount of $373.87. A fourth victim also used a credit card to pay for a meal at the Coon Rapids restaurant on or about January 27, 2010. Investigative records again demonstrated that the defendant was the server that waited on Victim #4. The credit card for Victim #4 was later used to make a purchase in Inver Grove Heights, Dakota County, at a convenience store for $74.87. Investigators learned from a fifth victim that the victim had paid for a meal at the Coon Rapids restaurant on January 12, 2010. Restaurant records showed that the defendant was the server for Victim #5. Starting within two days, on January 14, 2010, the victim s credit card information was used to fraudulently purchase merchandise or services in 17 different cities in the Twin Cities metropolitan area in the total amount of $12,768.19. Investigators obtained video footage from at least five of the stores where merchandise was purchased fraudulently on the accounts of these victims. Investigators determined that the same young female, appearing to be in her early 20 s was the person fraudulently using the credit cards. In some of the videos the officers were able to see the female person picked up by another individual after making fraudulent purchases and leaving the stores. To date, the loss connected to the credit card accounts of these five victims is in excess of $14,000. 4
NOTICE: You must appear for every court hearing on this charge. A failure to appear for court on this charge is a criminal offense and may be punished as provided in Minn. Stat. 609.49. Complainant requests that Defendant, NOAH AUSTIN CARLSON, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant s appearance in court, or (2) detained, if already in custody, pending further proceedings, and that said Defendant otherwise be dealt with according to law. COMPLAINANT S NAME COMPLAINANT S SIGNATURE Subscribed and sworn to before the undersigned this day of, 2010. NOTARY STAMP: SIGNATURE Notary Public Being authorized to prosecute the offenses charged, I approve this complaint. Date: (rac) PROSECUTING ATTORNEY SIGNATURE: Name: Helen R. Brosnahan Assistant Dakota County Attorney Dakota County Judicial Center 1560 Highway 55 Hastings MN 55033 (651) 438-4438 Attorney Registration No.: 0266887 5
FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant s arrest or other lawful steps be taken to obtain Defendant s appearance in court, or Defendant s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense. [ ] SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the date stated on the attached Notice of Hearing before the above-named court at Dakota County Judicial Center, 1560 Highway 55, Hastings, Minnesota, 55033 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. [ ] WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I hereby order, in the name of the State of Minnesota, that the above-named Defendant be apprehended and arrested without delay and brought promptly before the above-named court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law. [ ]Execute in MN Only [ ]Execute Nationwide [ ]Execute in MN and Border States [X] ORDER OF DETENTION Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named Defendant continue to be detained pending further proceedings. Bail: $ Conditions of Release: This complaint, duly subscribed and sworn to, issued by the undersigned Judicial Officer this _12th day of February, 2010. JUDICIAL OFFICER: NAME: TITLE: JUDGE OF DISTRICT COURT COUNTY OF DAKOTA STATE OF MINNESOTA SIGNATURE: /s/ Judge Clerk s Signature or File Stamp STATE OF MINNESOTA vs. Noah Austin Carlson Plaintiff, Defendant. RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT upon the Defendant herein named. Signature of Authorized Service Agent: 6
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