OPINION AND ORDER Defendant Asa Saint Clair moves to suppress evidence seized during a search of an apartment where he worked and resided on grounds that the information supporting probable cause for the warrant was stale at the time that it was issued. Defendant further urges that if the warrant was in fact stale and lacked probable cause, that the good faith exception is inapplicable and therefore the evidence recovered from the premises should be suppressed. For reasons to be explained, the motion will be denied. BACKGROUND On November 5, 2019, defendant was charged in an indictment with one count of wire fraud in violation of 18 U.S.C. §1343 based on his involvement “in a digital coin offering of a purported blockchain-based digital token referred to as ‘IGOBIT.’ ” (Indictment 1; Doc 6). The indictment alleges that IGOBIT was offered by the World Sports Alliance (“WSA”) and that defendant purported to be the President of the WSA. (Indictment
1-2). It alleges that defendant engaged in the fraudulent scheme between November 2017 and September 2019. (Indictment 2). On September 25, 2019, Graham Sugarman, a special agent from the Department of Homeland Security (“HSI”) submitted an affidavit to Magistrate Judge Robert Lehrburger in support of a search warrant (the “Warrant”) for 845 United Nations Plaza, Apt. 43B, New York, NY 10017 (the “Subject Premises”). (Warrant Application; Doc 30 Ex. A). Judge Lehrburger issued the requested warrant that same day. On or about September 25, 2019, HSI agents executed the Warrant and seized physical evidence including laptops, a cellphone and other electronic devices from the Subject Premises. (Doc 30 Ex. C). The Warrant application asserts that the WSA, according to its website, was an “intergovernmental organization that promotes sports as a means of diplomacy, socio-economic mobility, human development, education and training for the people that make up the citizens of its 33 member states.” (Warrant App. 7). The underlying offense charged in the Indictment is based on conduct that is different from what was detailed in the Warrant application.1 The Warrant application sought authorization to search the Subject Premises for evidence of securities fraud, money laundering, the Bank Secrecy Act and obstruction of justice related to HSI’s investigation of Alpine Securities Corporation (“Alpine”). (Warrant App.
