Full opinion text
MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. On April 9, 2014, the Government filed a 78-count criminal indictment against the Defendant William Scully, also known as “Liam Scully” (“Scully” or “the Defendant”), and codefendant Shahrad Rodi La-meh (“Lameh”)(collectively “the Defendants”). The Government charged the Defendants, as owners and operators of Pharma-logical, Inc. d/b/a Medical Device King and MDK (“Pharmalogical”) with, among other counts, violating the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (the “FDCA”), by trafficking in prescription drugs unapproved by the federal Food and Drug Administration (“FDA”), “mis-branded” drugs, and counterfeit oncology drugs. While the Indictment sets forth 73 counts, it is only 35 pages long, with a description of the Defendants’ alleged scheme only encompassing 5 pages and with the enumeration of the counts encompassing 23 of those pages. On October 16, 2014, on referral to United States Magistrate Judge Steven I. Locke, Lameh entered a guilty plea to Counts 1 through 37 of the Indictment, including one count of conspiracy to distribute “misbranded” drugs. He did not plead guilty to introduction of “misbrand-ed” drugs into interstate commerce; receipt of “misbranded” drags in interstate commerce and delivery thereof for pay; fraudulent importation and transportation of goods; or trafficking in counterfeit oncology drugs. On October 20, 2014, this Court accepted that guilty plea recommendation. Lameh is currently scheduled to be sentenced on September 18, 2015. On February 5, 2015, Scully moved for an order (1) striking all counts based on the erroneous notion that a violation of FDA regulations can create criminal liability; (2) suppressing all emails and other evidence obtained through search warrants due to the Government’s material misstatements and omissions in the search warrant affidavits and the constitutionally impermissible way that the Government executed the warrants; (3) dismissing count 73 of the Indictment; (4) dismissing count 72 of the Indictment; and (5) directing further discovery and a bill of particulars, which are necessary for defense counsel to prepare its case; and for other such other and further relief as the Court deems just and proper. On May 15, 2015, the Court held oral argument on the motion, after which the Court reserved .decision and scheduled jury selection for Tuesday, January 5, 2016. Scully agreed to a waiver of his speedy trial rights from May 15, 2015 through January 5, 2016. For the reasons set forth, the Defendant’s motion is denied except to the extent the Court grants the requests for the discovery enclosed by the Government in its motion papers; the discovery it represents it will provide; any recorded conversations with Courtney Fitt; and a Bill of Particulars as described below. The Court will now address each part of the instant motion. I. BACKGROUND The following facts are drawn from the indictment, the record of the proceedings before the magistrate judges that issued the search warrants, and the parties’ submissions in connection with this motion. See United States v. Sanchez, No. 08-CR-0017 (CPS), 2008 WL 1926701, at *1 (E.D.N.Y. Apr. 30, 2008). A. The May 2012 Affidavits in Support of the Office Search Warrants In May 2012, the Government took steps to procure a search warrant for the offices of Pharmalogical and MDK, located at 425 Northern Boulevard, Suite 27, in Great Neck, New York. In support of an application for a search warrant of Pharmalogical and MDK’s offices, the Government filed an affidavit sworn to and signed under oath by FDA Special Agent Thomas S. Nasiatka (“Nasiatka”). In that affidavit, Nasiatka stated that based upon an FDA investigation, Phar-malogical and MDK “have been ordering and receiving foreign drugs including cancer and chemotherapy medications such as aloxi, aredia and altuzan as well as botox and related drugs. It has been further determined that these foreign drugs have been sold and/or administered to, among others, cancer patients without their knowledge.” (Doc No. 44, Exh. 20., at ¶ 4.). Nasiatka described the background of the underlying investigation. Nasiatka stated that, on February 18, 2011, he met with representatives of the New York State Department of Education, Office of Professional Discipline (“OPD”) in Haup-page, New York, who referred a case to the FDA for investigation. As detailed in the affidavit, an unidentified complainant to the New York State Board of Pharmacy advised that he or she had received an unsolicited fax from MDK “offering oncology and rheumatology medications for sale at prices unavailable in the traditional market.” (Id. at ¶32.) That fax, which provided MDK’s contact number as (877) 321-5567, was attached to Nasiatka’s affidavit. Thereafter, according to Nasiatka’s affidavit, a New York State Board of Pharmacy representative, acting in an undercover capacity, phoned MDK at (877) 321-5567 and was advised to call (516) 439-5376. The caller was allegedly told that MDK was affiliated with Pharmalogical, a licensed drug wholesaler in New York State. The undercover caller inquired as to how MDK could sell the advertised drugs at the prices offered. According to Nasiatka, the undercover caller was told, among other things, that MDK could offer these prices as it “had no sales force and shipped the drugs from overseas, as the company itself was located in the United Kingdom.” (Id. at ¶ 33.). Following this telephone exchange, an OPD representative, also acting in an undercover capacity, phoned MDK at (877) 321-5567, left a message, and was later contacted by an individual who identified himself as Shahrad Rodi Lameh. (Id. at ¶ 34.) When asked about the discount prices, Lameh allegedly responded, among other things, that “these prices could be offered because they purchased drugs from manufacturers all over the world, except Canada.” (Id.). OPD then attempted to conduct a site inspection of Pharmalogical, which was licensed with OPD, at the Great Neck office. After OPD investigators could not speak to the Defendant because he was unavailable, the Defendant apparently called the investigators and confirmed that Pharmalogical sold “chemo drugs” and that he would provide requested supporting invoice and shipping documents. (Id.). However, according to Nasiakta, Scully never provided these requested documents. (Id.) Nasiatka further stated that, on February 23, 2011, he accessed the website for the New York State Division of Corporations and confirmed that, on August 24, 2004, Pharmalogical was registered as a domestic business corporation in Suffolk County, New York. (Id. at ¶ 37.) No information was found regarding MDK. (Id.) Nasiatka also stated that, on February 23, 2011, he accessed the websites for Pharmalogical, www.pharmalogicalinc.com and for MDK, www.medicaldeviceking. com. (Id. at ¶38.) The Pharmalogical website offered for sale the advertised supplement “Fibrosolvé” and the dermal fillers “Botox” and “Surgiderm.” (Id.) The MDK website indicated that MDK was “Coming Soon” and offered for sale the advertised dermal fillers “Juviderm,” “Surgiderm,” and “Botox.” However, as indicated by Nasiatka, no cancer or rheu-matology drugs were offered for sale on either website. (Id.) On July 7, 2011, Nasiakta again accessed the MDK website and “learned that the site had been updated so that the products offered for sale included 52 different oncology drugs.” (Id. at ¶ 41.) Nasiatka also stated that, on September 16, 2011, he learned from an unnamed industry representative that an unnamed private investigator had purchased two 5ml vials of Aloxi, an FDA-approved prescription cancer medication, from MDK’s website. (Id. at ¶ 42.) The price of $140 per 5ml vial was below the established wholesale price of $371 per vial in the United States. (Id.) The Aloxi was apparently received by the private investigator on or about September 13, 2011. (Id. at ¶ 43.) A National Drug Code (“NDC”) number, which Nasi-atka claimed that all FDA-approved drugs have, was not present on any of the drug boxes or vials. (Id.) The return address information printed on the UPS label was that of Lisa Mingelli, 877-321-5567, MDK, 425 Northern Blvd. Ste 27, Great Neck, N.Y. 11021. (Id.) Nasiatka further stated that, on September 22, 2011, he learned that other FDA (OCI) offices had ongoing investigations of Pharmalogical and MDK, “as they sold unapproved Botox to medical facilities in their districts.” (Id. at ¶ 44.) In this regard, Nasiatka stated that “[s]everal undercover purchases had been made and it was determined, as in this case, that the Botox manufactured by Allergan was for foreign market distribution only.” (Id.) Thereafter, according to Nasiatka, FDA Special Agent Peter Orlando conducted surveillance of the Great Neck office, including of vehicles parked in spaces reserved for Pharmalogical employees. Based on this surveillance, Nasiatka inquired of the New York State Department of Motor Vehicles (“DMV”) and “learned that one was registered to William J. Scully and another to Lisa M. Mongelli.” (Id. at ¶ 45.) Nasiatka further stated that, on November 28, 2011, he directed another FDA/ OCI Special Agent to access the MDK website to conduct an undercover credit card purchase of 4 vials of Aloxi 0.25mg. (Id.) Nasiatka stated that “[a]n account was set up using an undercover pharmacy name and address in Madison, New Jersey” and that “[t]he total cost of the credit card purchase was $560.00.” (Id.) An email confirmation was received from the email address, medevl@yahoo.com, which was listed in the Domain Registrant information for MDK. (Id.) Nasiatka stated that, on December 6, 2011, he received the order of 4 vials of Aloxi. The sender shipping label denoted Lisa Mingelli, 877-321-5567, MDK, 425 Northern Blvd. Ste. 27, Great Neck, N.Y. 11201. (Id. at ¶ 47.) According to Nasiatka, on February 22, 2012, he directed another FDA/OCI Special Agent to access the MDK website to conduct an undercover purchase of 3 kits of Aredia 30mg (4 vials per kit) for $175 each. On February 28, 2012, a message was received in the undercover email account used to place the order, from “Liam Scully.” The email stated: “Currently we can get the 90mg of Brand Aredia for $525.00, if you are ok with it I will go ahead and order it for you. Let me know what you-think, and if you want to call feel free too. Thank you. Best regards, Liam Scully.” (Id. at ¶ 51.) Nasiatka further stated that, on April 3, 2012, the FDA issued an alert to healthcare professionals. The FDA alert stated in part that “[its] lab tests have confirmed that a counterfeit version of Roche’s Altu-zan 400mg/16ml (bevacizumab), an injecta-ble cancer medication, found in the U.S. contains no active ingredient. Even if the identified drugs were not counterfeit, Altu-zan is not approved by FDA for use in the United States (it is an approved drug in Turkey). (Id. at ¶ 52.) Thereafter, according to Nasiatka, the FDA/OCI initiated several cases to identify buyers of Altuzan. (Id. at ¶ 53.) One such investigation related to the Sierra Nevada Cancer Center (“SNCC”), located in Carson City, Nevada. (Id.) The FDA/ OCI identified SNCC as possibly purchasing counterfeit Altuzan from Quality Special Products (“QSP”), located in Canada. (Id.) Nasiatka stated that, during interviews conducted at SNCC, it was learned than SNCC had also purchased foreign labeled drugs from MDK. (Id.) During a visit-to SNCC on April 3, 2012, SNCC “surrendered” 9 vials of the cancer medication, Mabthera, which was identified as purchased from MDK. (Id. at ¶ 54.) Some of the vials had foreign language labeling and some had stickers covering the foreign language labeling. (Id.) SNCC also “surrendered” 7 vials of Altuzan 400mg, which also contained foreign labeling. (Id.) SNCC also provided 30 available invoices of purchases from MDK, dated June 6, 2011 to March 8, 2012. (Id.) On May 3, 2012, after follow up phone conversations and emails with an MDK representative named “Courtney,” an FDA undercover agent received a package of 1 vial • of Aredia 90mg and one bottle of Aloxi. (Id. at ¶¶ 56-58.) Niasatka stated that a NDC -number, which all FDA approved drugs have, was not present of any of the drug boxes or vials. (Id.) Based on this investigation, Nasiatka represented that probable caused existed to believe that evidence in the form of business records, correspondence, computer equipment, computer records, and other business records, as detailed in an attachment to the affidavit, containing information relevant to the crimes set forth in the affidavit were located at the Great Neck office of Pharmalogical. (Id. at ¶ 65.) Accordingly, Nasiatka requested a search warrant for “permission to search and seize, among other things, all foreign labeled pharmaceuticals and all documents relating to their purchase and sale” at the Great Neck office. (Id. at ¶ 62.) Nasiatka outlined the various facial markers that distinguish foreign-market drugs from FDA-approved products, including foreign language labels; absencé of the term “Rx Only”; statements that the drug was “imported by” an entity in a foreign country; and absence of an NDC number. (Id. at ¶ 63.) Nasiatka also requested that approval of examination of any of the aforementioned records be conducted by a qualified com-putér evidence recovery, specialist. (Id. at ¶ 66.) Nasiatka also requested than the warrant be sealed, stating that the affidavit was part of a “covert investigation into the sale of, among other things, unapproved cancer drugs.” (Id. at ¶ 72.) Nasiatka represented that “[r]evealing the affidavit at this time could possibly jeopardize the government’s ongoing investigation” and caused the destruction of evidence. (Id.) B. The May 18, 2012 and May 22, 2012 Office Search Warrants and the Subsequent Execution of Those Warrants On May 18, 2012, United States Magistrate Judge William D. Wall issued a search warrant under seal for “THE PREMISES KNOWN AND DESCRIBED AS A COMMERCIAL BUILDING, LOCATED AT 425 NORTHERN BOULEVARD, SUITE 27, GREAT NECK, NEW YORK 11201.” Judge Wall expressly relied on Nasiatka’s affidavit and noted that Nasiatka had reason to believe that certain items at the office “constitute[d] contraband, evidence, fruits and in-strumentalities of violations of Title 21, United States Code § 331(a) and § 333(a)(2).” (Doc No. 44, Exh. 3.) Judge Wall directed, among other things, that the search be conducted on or before June 1, 2012; a copy of the warrant be left at the premises; and that a written inventory be prepared. On May 22, 2012, Judge Wall issued an additional search warrant for the above-mentioned premises, noting that Nasiatka had reason to believe that, certain computers and hard drives “constitute^] contraband, evidence, fruits and instrumentalities of violations of Title 21, United States Code § 331(a) and §' 333(a)(2).” (Id.). Judge Wall authorized “[a]ny computers, computer hard drives, or other electronic device to be searched on-site or off-site for records as detailed on Attachment 1 hereto.” (Id.) Judge Wall directed, among other things, that the search be conducted on or before June 1, 2012; a copy of the warrant be left at the premises; and that a written inventory be prepared. On May 24, 2012, FDA agents executed the Office Search Warrants. The search, led by Nasiatka, resulted in the seizure of more than 32,000 documents, including financial records. The FDA agents also imaged the hard drives of three computers. The FDA Agents left a copy of the search warrant and a computer-printed inventory of all items seized. One computer which was seized was returned to Scully on May 29, 2012. C. The September 21, 2012 Affidavit in Support of the Email Account Search Warrants In September 21, 2012, Nasiatka submitted another affidavit, sworn to by him, seeking a search warrant related to two email addresses, medevl@yahoo.com and taranismed@yahoo.com. The September 21, 2012 affidavit largely mirrored Nasiatka’s May 2012 affidavit in support of the Office Search Warrants. In particular, Nasiatka documented the underlying investigations after February 2011. In addition to the details previously recounted in the May 2012 affidavit, Nasi-atka stated that, on or about June 13, 2012, he spoke with a John Doe, a customer of MDK. (Doc No. 44, Exh. 1, at ¶ 62.). Doe apparently advised Nasiatka that he had recent phone and email communications with MDK. John Doe stated that on or about June 12, 2012, Scully, who he knew to be a representative of MDK, emailed him and advised him that he could place an order for prescription drugs through Scully, who was listed at the bottom of the email as the President of a company known as Taranis Medical Corp. John Doe was emailed by Scully from the email address taranismed@yahoo.com. Previously, John Doe had dealt with Scully and MDK for purchase of drugs through the email address, medevl@yahoo.com. Based on the foregoing, Nasiatka represented that probable caused existed to believe that the aforementioned email addresses contained “contraband, evidence, fruits and instrumentalities of violation of Title 21, United States Code Sections 331(a) and 333(a)(2).” (Id. at ¶ 64.) Accordingly, Nasiatka requested the issuance of a search warrant under seal as to the aforementioned email addresses for all information that “constitute^ fruits, evidence and instrumentalities of violations of Title 21, United States Code Sections 331(a) and 333(a)(2), involving William Scully and/or Shahrad Rodi Lameh since January 2010.” (Id. at ¶ 63.) D. The September 21, 2012 Yahoo Search Warrant and Subsequent Execution On September 21, 2012, Judge Wall issued a search warrant under seal for “THE PREMISES KNOWN AND DESCRIBED AS EMAIL ADDRESSES medevl@yahoo.com and taranismed@ yahoo.com ...” (Gov’s Exh. 2.) Again, Judge Wall expressly relied on Nasiatka’s affidavit and noted that Nasiatka had reason to believe that the abovementioned email addresses, “in” the Eastern District of New York, “constitute^ contraband, evidence, fruits and instrumentalities of violations of Title 21, United States Code § 331(a) and § 333(a)(2).” (Id.) Judge Wall directed, among other things, that the search be conducted on or before September 28, 2012; a copy of the warrant be left at the premises; and that a written inventory be prepared. It appears that FDA Agents executed the September 21, 2012 Yahoo search warrant within the prescribed time period. E. The November 16, 2012 Search Warrant and Its Subsequent Execution On November 16, 2012, United States Magistrate Judge Arlene R. Lindsay issued a search warrant, apparently under seal, for “THE PREMISES KNOWN AND DESCRIBED AS FENCES INVENTORY AREA OF 3G WAREHOUSE, INC., 565 BROADHOLLOW ROAD, SUITE 1, FARMINGDALE, NEW YORK 11735 (‘SUBJECT PREMISES’).” (Doc No. 44, Exh. 6.) Judge Lindsay expressly relied on an affidavit from Nasiatka and noted that Nasiatka had reason to believe that the aforementioned property concealed “a box containing approximately 105 Mirena intrauterine devices and any other prescription drugs or medical devices received by 3G Warehouse, Inc. at the SUBJECT PREMISES on behalf of Taranis Medical Corp.” (Id.) Judge Lindsay directed, among other things, that the search be conducted on or before November 23, 2012; a copy of the warrant be left at the premises; and that a written inventory be prepared. It appears that FDA Agents executed the November 16, 2012 search warrant within the prescribed time period. F.The November 22, 201S Affidavits in Support of an Additional Email Search Warrant On November 22, 2013, Nasiatka submitted another affidavit, sworn to and signed under oath, as part of an application for another search warrant, this time limited to the medevl@yahoo.com email address. The November 22, 2013 affidavit was virtually identical to the September 21, 2012 affidavit except, in part, as to Nasiatka’s representation in Paragraph 63 that Scully continued to use the aforementioned email address after September 21, 2012 in connection with Pharmalogical. (Id., Exh. 2). In particular, Nasiatka quoted an email dated October 9, 2013 from this address which stated: “Hello, I have sent the discontinuance form for Pharmalogical Inc license # 029518. I would like to open a new wholesale business under a different corp. in a new location. I don’t want to send in the application to quickly if the discontinuance hasn’t been processed yet.Please let me know your advice on this matter. Thank you. Best regards, Liam Scully.” (Id.) In paragraph 64, Nasiatka referenced the September 21, 2012 search warrant and attached a copy. G. The November 22, 2013 Search Warrant and Subsequent Execution On November 22, 2013, Judge Wall issued another search warrant under seal of “THE PREMISES KNOWN AND DESCRIBED AS EMAIL ADDRESS “[EMAIL ADDRESS]”, AS SET FORTH IN ATTACHMENT A.” Attachment A stated that “[the] warrant applies to information associated with medevl@yahoo. com that is stored at premises own, maintained, controlled, or operated by Yahoo! Inc., a company headquartered in Sunnyvale, California.” Judge Wall expressly relied on an affidavit from Nasiatka and noted that Nasiatka had reason to believe that the aforementioned property concealed “[e]vidence, fruits and instrumentalities of violations of 21 U.S.C. Sections 331(a) and 333(a)(2), as set forth in Attachment B and is subject to disclosure without notice to the subscriber or customer, inter alia, under 18 U.S.C. Section 2703(b).” Judge Wall directed, among other things, that the search be conducted on or before December 2, 2013; a copy of the warrant be left at the premises; and that a written inventory be prepared. H. The Affidavit in Support of an Order of Nortr-Disclosure of the November 22, 2013 Yahoo Search Warrants and the Order of Ncm-Disclosure On December 4, 2013, Nasiatka submitted an affidavit to Judge Wall in support of an application for a non-disclosure order for the November 22, 2013 Yahoo Search Warrant. In that affidavit, Nasiatka averred that “[s]ince the issuance of the warrant, Yahoo! Inc. has advised me that, without an Order under 18 U.S.C. § 2705(b), notice will be sent to the subscriber of the existence of the search warrant.” Nasiatka’s represented that such disclosure would “seriously jeopardize the investigation, including by giving targets an opportunity to flee or continue flight from prosecution, destroy or tamper with evidence, change patterns of behavior, and notify confederates.” (Doc No. 44, Exh. 17.) Judge Wall issued the Order of NonDisclosure pursuant to Section 2705(b). It appears that FDA Agents executed the November 22, 2013 Search Warrant within the prescribed time period. I.The Indictment and Pre-Trial Proceedings On April 9, 2014, the Government filed the instant Indictment, under seal, as against Scully and Lameh. The Indictment contains (1) 18 counts of wire fraud in violation of 18 U.S.C. §§ 1343, 1349 and 3551 et seq.; (2) one count of conspiracy to commit mail fraud in violation of 18 U.S.C. §§ 1349 and 3551 et seq.; (3) 17 counts of mail fraud in violation of 18 U.S.C. §§ 1341, 1349 and 3551 et seq.; (4) one count of conspiracy to distribute “Mis-branded” drugs in violation of 21 U.S.C. §§ 331(a) and (a)(2); (5) 17 counts of introduction of “Misbranded” drugs into interstate commerce' in violation of 21 U.S.C.- §§ 331(a) and (a)(2) and 18 U.S.C. §§ 2, 3551 et seq.; (6) 17 counts of receipt of misbranded drugs in interstate commerce and delivery thereof for pay in violation of 21 U.S.C. §§ 331(c) and (a)(2) and 18 U.S.C. §§ 2, 3551 et seq.; (7) one count of fraudulent importation and transportation of goods in violation of 18 U.S.C. §§ 545, 2, and 3551 et seq.; and (8) one count of trafficking in counterfeit drugs in violation of 18 U.S.C. §§ 2320(a)(4), 2, and '3551 et seq. According to the Indictment, the Defendants at all relevant times owned and operated Pharmalogieal, a company based in Great Neck, New York that imported and sold prescription drugs to health care providers. (Indictment, at ¶ 23.) .Scully was •also the owner and operator of Taranis Medical Corp., which allegedly purchased “misbranded” drugs ordered by Pharma-logical and resold them to customers. (Id.) Scully, also known as “Liam Scully,” resided in Commack, New York and used the websites and email addresses, www. pharmalogicalinc.com; www.medical . deviceking.com; www.taranismedical.com; taranismed@yahoo.com; and medevl@ yahoo.com in connection with the sale of prescription drugs. (Id. at ¶ 24.) Lameh resided in Manhasset, New York and used the websites and email addresses www.pharmalogicalinc.com; www.medical deviceking.com; and rodilameh@gmail. com in connection with the sale of prescription drugs. (Id. at ¶ 25.) The websites www.pharmalogiealinc. com; www.medicaldeviceking.com; and www.taranismedical.com were used to make sales to customers. (Id. at ¶ 26.) The Government alleges that between about February 10, 2009 and July 2013, Scully and Lameh, together with unidentified “others,” “engaged in a scheme designed to fraudulently induce customers to purchase prescription drugs that were mis-branded in that they were not approved by the FDA for use in the United States.” (Id. at ¶ 27.) The Government further alleges that, in furtherance of this scheme, Scully and Lameh “placed photographs of certain prescription Medications, which were approved by the FDA for introduction and delivery for introduction into interstate commerce in the United States, on MDK websites in order to mislead customers to believe that the drugs were approved when in truth and in fact, as SCULLY and LAMEH then and there well knew and believed the drugs that they sold were not approved by the FDA for use and introduction and delivery into interstate commerce in the United States.” (Id.) The Government also contends that Scully and Lameh “obtained misbranded drugs from foreign suppliers using the email addresses of medevl@yahoo.com and rodilameh@gmail.com and/on behalf of MDK, received payment from customers by credit card, wire transfer, and business check from purchasers of misbranded drugs.” (Id. at ¶ 28.) Further, according to the Government, Scully and Lameh “received, and caused to be received, on behalf of Pharmalogieal, Inc., shipments of misbranded drugs through United States Mail Priority and Express Mail” and “also sent, and caused to be sent, on behalf of Pharmalogieal, Medical Device King and MDK, shipments of misbranded drugs using commercial interstate carriers, to wit: United Parcel Service of America, Inc. CUPS’) and FedEx Corporation (‘FedEx’).” (Id.) The Government asserts that Scully and Lameh conspired with others to electronically order “prescription drugs from, among other places, the countries of Scotland, Turkey, United Kingdom, Cayman Islands, Canada, United Arab Emirates, Switzerland and India for sale in the United States, knowing that such prescription drugs were not FDA 'approved and therefore were not permitted to be distributed and used in the United States.” (Id. at ¶ 29.) It is also alleged that Scully and Lameh, knowing that the prescription drugs obtained from these countries “were not approved for sale in the United States, shipped such drugs using commercial interstate carriers to customers who had ordered them either by telephone or from the MDK websites that falsely advertised such drugs as genuine, safe and approved for sale in the United States.” (Id. at ¶ 30.) Similarly, the Government contends that Scully and Lameh “falsely represented to prospective customers during telephone calls that the prescription drugs the customers purchased were approved for sale and use in the United States when SCULLY and LAMEH knew that this was not true.” (Id. at ¶ 31.) Some of these drugs included Altuzan and Mabthera. (Id. at ¶ 32.) Altuzan is the foreign version of Avastin, the trademark name for a drug used to treat certain cancers. The Government claims that Avastin is a prescription drug within the meaning of 21 U.S.C. § 353(b)(1)(A) and (B). The FDA initially approved Avastin for use in the United States in 2004. (Id. at ¶ 9.) Mabthera is the foreign version of Ri-tuxan, the trademark name for a drug that was used, among other purposes, to treat certain cancers and rheumatoid arthritis. (Id. at ¶ 13.) The Government claims that Rituxan is a prescription drug within the meaning of 21 U.S.C. § 353(b)(1)(A) and (B). The FDA initially approved Rituxan for use in the United States in 1997. While the aforementioned drugs were approved by the FDA, the Government claims that they were “not approved for introduction and delivery for introduction into interstate commerce in the United States.” (Id. at ¶ 13.) The Government maintains that, on or about May 24, 2014, Scully and Lameh “possessed numerous misbranded drugs having imported them with the intention of selling them” (Id. at ¶ 33.) In this regard, Paragraph 33 of the Indictment contains a corresponding table of such alleged “mis-branded” drugs in Scully and Lameh’s possession, delineated by “Drug Quantity and Type” and “Method of Misbranding.” (Id.) As set forth in this table, the various alleged methods of misbranding are “Lacked English label”; “phrase ‘Rx only’ on label”; and “Not FDA approved for distribution in the United States.” (Id.). On April 9, 2014, Judge Lindsay issued separate arrest warrants for the Defendants. On April 30, 2014, the Defendants were arraigned before Judge Wall, at which time they plead not guilty to all 73 counts. The Defendants were released on separate $500,000 unsecured bonds, with certain conditions. Judge Wall also unsealed the Indictment in its entirety as to the Defendants. On May 30, 2014, upon an application of the Government, United States Magistrate Judge Gary R. Brown unsealed all documents in this case. That same day, this Court held a status conference and marked the case as complex. As noted above, on October 16, 2014, on referral to Judge Locke, Lameh entered a guilty plea to Counts 1 through 37 of the Indictment. Lameh plead guilty to conspiracy to commit wire fraud; wire fraud; conspiracy to commit mail fraud; mail fraud; and one count of conspiracy to distribute misbranded drugs. He did not plead guilty to trafficking in counterfeit oncology drugs. On October 20, 2014, this Court accepted that guilty plea recommendation. Lameh is currently set to be sentenced on September 18, 2015. On February 5, 2015, Scully filed the present motion, the various branches of which are discussed later. Following oral argument on the motion on May 15, 2015, the Court reserved decision. At the time, at Scully’s request, the Court scheduled a date for jury selection for January 5, 2016 to be conducted, with the parties’ consent, before a Magistrate Judge. II. DISCUSSION There are several branches to the Defendant’s motion to, among other things, dismiss certain counts of the Indictment, to suppress certain evidence, and for an order directing certain discovery and the filing of a bill of particulars. The Court first addresses that part of the motion to suppress, namely, “all emails and other evidence obtained through search warrants due to the Government’s material misstatements and omissions in the search warrant affidavits and the constitutionally impermissible way that the Government executed the warrants.” (Doc No. 43, at 1.) The Court then addresses the remaining items of the relief requested. A. The Motion To Suppress The Fourth Amendment protects the rights of individuals “to be secure in their persons, houses, papers, and effects, against, unreasonable searches and seizures.” U.S. Const. Amend. IV. A search occurs when the Government acquires information by either “physically intruding’ on persons, houses, papers, or effects,” “or otherwise invading an area in which the individual has a reasonable expectation of privacy.” See Florida v. Jardines, — U.S.-, 133 S.Ct. 1409, 1414, 185 L.Ed.2d 495 (2013) (internal quotation mark omitted) and United States v. Ganias, 755 F.3d 125, 133 (2d Cir.2014). “A seizure occurs when the Government interferes in some meaningful way with the individual’s possession of property.” Ganias, 755 F.3d at 133 (citing United States v. Jones, — U.S.-, 132 S.Ct. 945, 951 n. 5, 181 L.Ed.2d 911 (2012)). Further, the Fourth Amendment’s Warrants Clause provides that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” 1. Whether the Email Search Wdr-rants were Technically Deficient The Defendant argues that the Yahoo Search Warrants, signed by Judge Wall in ■the Eastern District of New York, violated Federal Rule of Criminal Procedure (“Fed. R.Crim.P.”) 41 and 18 U.S.C. § 2703 of the federal Stored Communications Act (the “SCA”) because they purported to authorize seizure of emails that were conducted in California. In response, the Government notes that Attachment A to Nasiatka’s affidavits in support of the Yahoo Search Warrants, referenced in the Yahoo Search Warrants, states that “[t]his warrant applies to information associated with medevl@yahoo. com that is stored at premises own, maintained, controlled, or operated by Yahoo! Inc., a company headquartered in Sunnyvale, California.” (Gov’s Exh. 2.)(bolding omitted). The Defendant counters that, under Rule 41 and 18 U.S.C. § 2703, a judge in one district cannot issue a search warrant for property located in another district. A review of the relevant rules and statutes is in order. Relevant here, Rule 41(b)(1) provides that at the request of a federal law enforcement officer or an attorney for the federal government: “[A] magistrate judge with authority in the district — or if none is reasonably available, a judge of a state court of record in the district — has authority to issue a warrant to search for and seize a person or property located within the district.” (emphasis added). The SCA was passed as part of the Electronic Communications Privacy Act of 1986 (the “ECPA”) and codified at 18 U.S.C. §§ 2701-2712. Prior to 2001, § 2703(a) provided that: A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued under the Rules of Criminal Procedure or equivalent State warrant. 18 U.S.C. § 2703(a)(1998)(emphasis added). The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “Patriot Act”) amended § 2703(a) to permit a government entity to require such disclosures “only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation or equivalent State warrant.” Id. § 2703(a)(2006)(emphasis added). Indeed, “Section 220 of the Patriot Act amended § 2703 by ‘striking ‘under the Federal Rules of Criminal Procedure’ every place it appears and inserting ‘using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation.’ ” In re U.S., 665 F.Supp.2d 1210, 1216 n. 5 (D.Or.2009) (describing the statutory amendments); see USA PATRIOT Act of 2001, Pub.L. No. 107-56, 115 Stat. 272. On October 19, 2009, Congress amended Section 2703(a) again to read that warrant may issue “only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the ease of a State court, issued using State warrant procedures) by a court of competent jurisdiction.” Hubbard v. MySpace, Inc., 788 F.Supp.2d 319, 321 n. 9 (S.D.N.Y.2011) (describing the statutory amendment). In the same legislative session, Congress amended Section 2711(3) to define a “court of competent jurisdiction” as: (A) any district court of the United States (including a magistrate judge of such a court) or any United States courts of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in or for a district in which the provider of a wire or electronic communication services is located or in which the wire or electronic communications, records, or other information are stored; or (iii) is acting on a request for foreign assistance pursuant to section 3512 of this title; or (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants. In- Hubbard, a website user brought a civil putative class action against MySpace, Inc., a social networking website, alleging violations of the SCA arising out of website’s disclosure of member account information to law enforcement. As part of the underlying criminal investigation, a Georgia State Magistrate Court had issued a search warrant to a custodian of records in Beverly Hills, California. The search warrant was issued on January 29, 2008, after the 2001 amendments but prior to the 2009 amendments. The search warrants led in part to an arrest, guilty plea, and conviction for contributing to the delinquency of a minor and “enticing a child for indecent purposes” under Georgia law. In the subsequent federal civil action under the SCA, United States District Judge Lewis A. Kaplan described Section 2703(a) as “ambiguous as to whether a state or federal warrant authorizing a search beyond the ordinary territorial authority of the issuing magistrate or judge is acceptable.” However, Judge Kaplan concluded that “even though federal magistrate judges typically may issue warrants only for searches within their districts, extraterritorial warrants are permissible for purposes of Section 2703(a).” Id. Judge Kaplan based this conclusion in part on certain legislative history to the Patriot Act, which, as noted above, amended Section 2703 of the SCA. In particular, the House Committee on the Judiciary released a report, dated October 11, 2001, which states, in part: Title 18 U.S.C. § 2703(a) requires a search warrant to compel service providers to disclose unopened e-mails. This section does not affect the requirement for a search warrant, but rather attempts to address the investigative delays caused by the cross-jurisdictional nature of the Internet. Currently, Federal Rules of Criminal Procedure 41 requires that the “warrant” be obtained “within the district” where the property is located. An investigator, for example, located in Boston who is investigating a suspected terrorist in that city, might have to seek a suspect’s electronic e-mail from an Internet service provider (ISP) account located in California. The investigator would then need to coordinate with agents, prosecutors and judges in the district in California where the ISP is located to obtain the warrant to search. These time delays could be devastating to an investigation, especially where additional criminal or terrorist acts are planned. Section 108 amends. § 2703 to authorize the court with jurisdiction over the investigation to issue the warrant directly, without requiring the intervention of its counterpart in the district where the ISP is located. H.R. Rep. 107-236 (Title 1), at 57 (2001). Judge Kaplan concluded that, based on this language, “Congress made clear that, in adopting the relevant statutory language, it specifically intended to allow federal courts to authorize searches beyond their normal territorial jurisdictions.” 788 F.Supp.2d at 325. A similar conclusion was reached in In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corp., 15 F.Supp.3d 466, 470 (S.D.N.Y.2014). There, a search warrant was issued under the SCA authorizing search and seizure of information associated with a specific web-based e-mail account. Microsoft, an operator of a web-based e-mail service, moved to quash the search warrant to the extent it directed the operator to produce content stored on a server located in Ireland. United States Magistrate Judge James C. Francis IV denied the motion, holding in part that the warrant did not violate the presumption against extraterritorial application of the law of the United States. With regard to the apparent tension between Rule 41 and Section 2703(A), Judge Francis acknowledged that the argument that federal courts are without authority to issue warrants for the search and seizure of property outside the territorial limits of the United States was “not inconsistent with the statutory language” in those provisions. Id. Indeed, with regard to Section 2703(a), Judge Francis found: This language is ambiguous in at least one critical respect. The words “using the procedures described in the Federal Rules of Criminal Procedure” could be construed to mean, as Microsoft argues, that all aspects of Rule 41 are incorporated by reference in section 2703(a), including limitations on the territorial reach of a warrant issued under that rule. But, equally plausibly, the statutory language could be read to mean that while procedural aspects of the application process are to be drawn from Rule 41 (for example, the presentation of the application based on sworn testimony to a magistrate judge), more substantive rules are derived from other sources. Id. Thus, Judge Francis did not hold that Section 2703, considered in conjunction with Rule 41, yielded a clear result. Rather, relying on the Supreme Court decisions in Florida Power & Light Co. v. Lorion, 470 U.S. 729, 737, 105 S.Ct. 1598, 84 L.Ed.2d 643 (1985) and Board of Education v. Harris, 444 U.S. 130, 140, 100 S.Ct. 363, 62 L.Ed.2d 275 (1979) and the Second Circuit’s decision in Hall v. Earth-Link Network, Inc., 396 F.3d 500, 504 (2d Cir.2005), Judge Francis noted that “[i]n light of this ambiguity, it is appropriate to look for guidance in the statutory structure, relevant legislative history, [and] congressional purposes.” 15 F.Supp.3d at 471 (quotation marks omitted). Judge Francis then surveyed the SCA’s statutory structure; certain legislative history, including the October 11, 2001 Report of the House Committee on the Judiciary; and certain practical considerations specific to searches outside the United States. Judge Francis characterized the above-mentioned language contained in the Report of the House Committee on the Judiciary as “significant, because it equates ‘where the property is located’ with the location of the ISP, not the location of any server.” Id. at 474. “Commentators have suggested that one reason for the amendments effected by Section 220 of the Patriot Act was to alleviate the burden placed on federal district courts in the Eastern District of Virginia and the Northern District of California where major internet service providers [ ] AOL and Yahoo, respectively, are located.” In re Search of Yahoo, Inc., No. 07-3194(LAO), 2007 WL 1539971, at *4 (D.Ariz. May 21, 2007); see Paul K. Ohm, Parallel Effect Statutes and E-mail “Warrants”: Reframing the Internet Surveillance Debate, 72 Geo. Wash. L.Rev. 1599, 1613-15 (Aug.2004); Patricia L. Bellia, Surveillance Law Through Cyberlaw’s Lens, 72 Geo. Wash. L.Rev. 1375, 1454 (Aug.2004)(stating that the “effect of the change was to shift the responsibility for issuance of the order from the court where the service provider is located to the court with jurisdiction over the offense being investigated; prior to passage of the USA Patriot Act, a disproportionate number of such orders were issued in the Eastern District of Virginia, where AOL is located.”); Franklin E. Fink, The Name Behind the Screenname: Handling Information Requests Relating to Electronic Communications, 19 No. 11 Computer & Internet Law 1, 6-7 (Nov.2002)(stating that “[t]his provision was intended to relieve the burden on district courts in which major communications providers are located, such as the Northern District of California and Eastern District of Virginia.”). Further, one court has stated that “[t]his is most likely the reason for the special provision for out-of-district warrants for certain electronic communications, such as emails, under Section 220 in all criminal cases, when Section 219 seems to limit (via Rule 41(b)(3)) out-of-district warrants to terrorism cases.” In re Search Warrant, No. 6:05MC168ORL31 (JGG), 2005 WL 3844032, at *5 n. 13 (M.D.Fla. Feb. 13, 2006). As noted above, the House Judiciary Committee’s Report accompanying the Patriot Act explains that § 2703(a) “attempts to address the investigative delays caused by the cross-jurisdictional nature of the Internet.” Ohm, Parallel Effect Statutes and E-mail “Warrants”: Reframing the Internet Surveillance Debate, 72 Geo. Wash. L.Rev. at 1614-15 (citing H.R.Rep. No. 107-236, pt. 1 at 57 (2001)). The Committee’s Report further explains that requiring an investigator to coordinate with agents, prosecutors, and judges in the district where the ISP is located would cause time delays that “could be devastating to an investigation, especially where additional criminal or terrorists acts are planned.” Id. In the Microsoft case, Judge Francis concluded that, based on the language contained the October 11, 2001 Report and other legislative history, Congress “appear[ed] to have anticipated that an ISP located in the United States would be obligated to respond to a warrant issued pursuant to section 2703(a) by producing information within its control, regardless of where that information was stored.” 15 F.Supp.3d at 474. For these and other reasons, Judge Francis denied the motion to quash in part. However, execution of the search warrant was stayed on consent pending review of Judge Francis’s decision by a district judge. Thereafter, Chief Judge Loretta A. Preska affirmed Judge Francis’s ruling on the record. Microsoft immediately moved to stay execution of the Warrant pending review by the Second Circuit. The Government sought time to consider whether it would consent to such a stay. Judge Preska granted Microsoft’s motion on the record. By order dated August 1, 2014, based on the Government’s consent to stay enforcement of the July 31 Order pending appeal, Judge Preska extended the stay “only for such period as will permit Microsoft to file its notice of appeal, request for a stay and request for an expedited appeal.” On August 11, 2014, Judge Preska entered a written order confirming the July 31 Order. That same day, Microsoft filed a notice of appeal. That appeal is pending before the Second Circuit. While the Second Circuit’s resolution of that appeal may affect this area of law, it is not clear that a ruling in favor of Microsoft would necessarily mandate a ruling in favor of the Defendant on this issue. This is because, as noted above, Microsoft challenged a search warrant related to electronic data stored outside the United States. Here, by contrast, the Defendant challenges a search warrant related to electronic data outside the issuing judge’s district, but within the United States. In any event, the Court notes that the Defendant does not cite nor does the Court’s independent research reveal any controlling cases to support his argument. To the contrary, almost all the cases appear to support the Government’s position, namely, that a federal magistrate may issue a search warrant for electronic evidence outside his or her district under Section 2703(a). The case, United States v. Vilar, No. S305CR621 (KMK), 2007 WL 1075041 (S.D.N.Y. Apr. 4, 2007), relied upon by the Defendant, involved a foreign search and did not reference the SCA, though it did find that a magistrate judge in one district did not have statutory authority in a non-terrorism case to issue a search warrant targeting property in another district. Id. at *52. Nor do cases relating to the lack of power to authorize intrusion into a foreign computer support the Defendant’s position. For instance, in In re Warrant to Search a Target Computer at Premises Unknown, 958 F.Supp.2d 753 (S.D.Tex.2013), the court rejected the Government’s argument that data surreptitiously seized from a computer at an unknown location would be “located” within the district where the agents would first view it for purposes of conforming to the territorial limitations of Rule 41. Id. at 756-57. However, there, the Government was not seeking an SCA Warrant. The Government [did] not seek a garden-variety search warrant. Its application requested] authorization to surreptitiously install data extraction software on the Target Computer. Once installed, the software [would have] the capacity to search the computer’s hard drive, random access memory, and other storage media; to activate the computer’s built-in camera; to generate latitude and longitude coordinates for the computer’s location; and to transmit the extracted data to FBI agents within this district Id. at 755. “In other words, the Government [sought] a warrant to hack a computer suspected of criminal use.” Id. “Though not ‘garden-variety,’ the warrant requested there was conventional: it called for agents to intrude upon the target’s property in order to obtain information; it did not call for disclosure of information in the possession of a third party.” In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corp., 15 F.Supp.3d at 477 (distinguishing In re Warrant to Search a Target Computer at Premises Unknown). The one decision uncovered supporting the Defendant’s argument, In re Search Warrant, 362 F.Supp.2d 1298, 1304-05 (M.D.Fla.2003), was later reversed on appeal to a District Judge. In re Search Warrant, 2005 WL 3844032, at *6. As to the case law outside this circuit, some of the cases, like Hubbard and Microsoft, have concluded that the apparent tension between Section 2703(a) and Rule 41 with regard to the permissibility of search warrants outside a judge’s district creates an ambiguity. In re United States, 665 F.Supp.2d at 1219 (finding ambiguity in that “ ‘[i]ssued’ may be read to limit the procedures that are applicable under § 2703(a), or it might merely have been used as a shorthand for the process of obtaining, issuing, executing, and returning a warrant, as described in Rule 41”); In re Search of Yahoo, Inc., 2007 WL 1539971, at *5 (finding that “the phrase ‘using the procedures described in’ the Federal Rules remains ambiguous”). Accordingly, some of these courts have, as in Hubbard and Microsoft, turned to legislative history for guidance. See In re US., 665 F.Supp.2d at 1219 (citing 147 Cong. Rec. H7197-98 (2001), which stated that Section 220 “[p]ermits a single court having jurisdiction over the offense to issue a search warrant for e-mail that would be valid in [sic] anywhere in the United States.”) and In re Search of Yahoo, Inc., 2007 WL 1539971, at *4 and In re Search Warrant, 2005 WL 3844032, at *5. Some of these courts have also focused on the practical considerations related to out-of-district electronics search warrants. For example, as noted in In re Search of Yahoo, Inc., “judicial and prosecutorial efficiency is better served by permitting the federal district court for the district where the crime allegedly occurred to preside over both the investigation and prosecution of that crime.” 2007 WL 1539971, at *4. Similarly, in In re Search Warrant, the Court noted that “it makes little sense to require the government, once it has opened an investigation into an alleged federal crime in the district where that crime allegedly occurred, to have to look to the courts, prosecutors and agents in another district where certain evidence may be found in order to procure a warrant for a search in that other district.” 2005 WL 3844032, at *5. Rather, the Court noted, “as a matter of judicial and prosecutorial efficiency it is practical to permit the federal district court for the district where the federal crime allegedly occurred to oversee both the prosecution and the investigation (including the issuance of warrants) thereof.” Id. (footnotes omitted). The In re Search Warrant court further determined, in a footnote, as follows: Permitting the district court where the crime allegedly occurred to issue an out-of-district warrant for evidence located in another district results in no prejudice to the rights of the defendant, particularly where that defendant is unaware of the investigation. The only person conceivably being inconvenienced is the third party that owns the out-of-district property subject to the search warrant, but as a practical matter, such inconvenience is de minimis and, as the United States suggested, such third parties rarely, if ever, seek to contest such warrants. Id. at n. 14. The Court also takes note of United States v. Berkos, 543 F.3d 392 (7th Cir.2008), cited by neither party and which appears to be the only circuit court decision on this issue. There, the Defendant entered a conditional guilty plea to willfully failing to pay more than $145,000 in child support for his only son, reserving his right to appeal the denial of motions to suppress evidence by the United States District Court for the Northern District of Illinois. The Defendant appealed, arguing in part that the magistrate judge in the Northern District of Illinois lacked authority to issue a search warrant ordering the search and production of electronic evidence pursuant to 18 U.S.C. § 2703(a), where the warrant was directed to an out-of-district internet service provider located in the Southern District of Texas. The Seventh Circuit disagreed. However, the circuit court “[did] not rely on the extensive legislative history of the 2001 amendment” to Section 2703(a). Id. at 397 n. 4. Rather, the Seventh Circuit looked to the “plain language” of Section 2703(a) and Rule 41 and found as follows: Rule 41(b) is a substantive provision, not a procedural one. Section 2703(a) refers only to the specific provisions of the Rules of Criminal Procedure, namely, Rule 41, that detail the procedures for obtaining and issuing warrants. The word “procedure” is defined as “a specific method or course of action,” Black’s Law Dictionary, 1241 (8th ed.2004), or “a particular way of accomplishing something or acting.” Merriam Web: ster’s Collegiate Dictionary, 990 (11th ed.2003). The common definition of “procedure” supports the conclusion that § 2703(a) incorporates only those provisions of Rule 41 that address the “specific method” or “particular way” to issue a warrant. Id. at 397-98 n. 4. The Seventh Circuit also noted that Rule 41(b) is titled “Authority to Issue a Warrant” and discusses the circumstances as to when a court may issue a warrant, not the procedures to be used for issuing the warrant. In fact, the procedures for issuing a warrant are enumerated at Rule 411, which of course, would apply to § 2703(a). See Fed.R.Crim.P. 41(e). Id. at 398. Berkos also noted that, as part of the 2001 amendments, Congress amended the relevant language of § 2703(a), striking “under the Federal Rules of Criminal Procedure” everywhere it appeared and replacing that language with “using the procedures described- in the Federal Rules of Criminal Procedure.” See PL 107-56, § 220(a)(1). The word “procedures” was also modified by “described in,” which further expressed Congress’s intent that only the procedural aspects of Rule 41 apply to § 2703(a). See id. If all provisions of Rule 41 (or the Federal Rules of Criminal Procedure, for that matter) were strictly procedural, the phrase “described in” would be meaningless. See Gustafson [v. Alloyd Co., Inc.], 513 U.S. [561] at 574-75, 115 S.Ct. 1061 [131 L.Ed.2d 1 (1995)] (federal courts should avoid interpreting statutes in a way that renders words or phrases meaningless or redundant). 543 F.3d at 398 n. 5. Finally, the Seventh Circuit noted that “ § 2703(a) has its own jurisdictional provision authorizing district courts to issue warrants only where it has ‘jurisdiction over the offense.’ ” Id. at 398. The Seventh Circuit agreed with the Government that “Congress provided such a ‘special circumstance’ through § 2703(a) since warrants pursuant to § 2703(a) do not directly infringe upon the personal privacy of an individual, but instead compel a service provider to divulge records maintained by the provider for the subscriber.” Id. at 398 n. 6. Similarly, in United States v. Kernell, No. 3:08-CR-142 (CCS), 2010 WL 1408437 (E.D.Tenn. Apr.2, 2010) report and recommendation adopted, No. 3:08-CR-142 (TWP), 2010 WL 1491861 (E.D.Tenn. Apr. 13, 2010), the court found as follows: [T]he plain language of 18 U.S.C. § 2703(a) expresses the intent that only the “procedures,” (i.e., the procedural portions) as “described” in Rule 41 are to be “used.” This Court further finds that Rule 41(b) is not a “procedural” provision, but is a “substantive” provision, and thus, it is not incorporated under 18 U.S.C. § 2703(a). It is clear that Rule 41(b) describes no procedure but only substantive authority. It’s very title “Authority to Issue-Warrant” states as much. Indeed, Defendant’s motion is predicated on the claim that this court lacked substantive authority to issue these warrants. Furthermore, to the extent the Defendant argues subsection (b) of Rule 41 modifies the authority provided in 18 U.S.C. § 2703(a), such an interpretation is prohibited by subsection (a) of Rule 41 which provides that Rule 41 does not “modify any statute regulating searches or seizures or the issuance and execution of a search warrant in special circumstances.” The Court finds that 18 U.S.C. § 2703(a) is a statute that regulates search and seizure of electronic evidence and the issuance and execution of search warrants in special circumstances — to wit, only by courts with “jurisdiction over the offense under investigation” and only for electronic evidence located out of district. The Court finds this Court and these search warrants, met and complied with the provisions and clear statutory language of 18 U.S.C. § 2703(a). 2010 WL 1408437, at *4 (footnotes omitted); see United States v. Noyes, No. 1:08-CR-55 (SJM), 2010 WL 5139859, at *9 n. 8 (W.D.Pa. Dec. 8, 2010) (Section 2703(a) “authorizes courts to issue search warrants for electronic communications and evidence located in other judicial districts in cases where the issuing court has jurisdiction over the offense under investigation.”); United States v. Freeman, No. CRIM. 10-68(JRT)(RLE), 2010 WL 4386897, at *12 n. 6 (D.Minn. May 13, 2010) (“the ECPA authorizes Courts to issue Search Warrants for electronic communications, and evidence, that are located in other Districts, where that Court has jurisdiction over the offense under investigation.”), report and recommendation adopted, No. CRIM. 10-68(JRT)(LIB), 2010 WL 4386894 (D.Minn. Oct. 28, 2010). The Kemell Court discussed some of the above-mentioned legislative history to the Patriot Act, but explicitly deemed it “not necessary for th[e] Court’s analysis or ruling.” 2010 WL 1408437, at *4. In this case, the Court agrees with the comprehensive textual analysis set forth in Berkos and Kemell and finds that 2703(a) authorizes electronic search warrants by a federal magistrate judge that extend outside his or her district. Because the plain terms of Section 2703, considered with Rule 41, dictate this result, the Court need not rely on any legislative history or practical considerations. Indeed, as Berkos noted, that search warrants could issue only exclusively by a court with geographical jurisdiction of the electronic property was true prior to the 2001 amendments. 543 F.3d at 397 n. 4. Following that amendment, electronic search warrants could be issued “by a court with jurisdiction over the offense under investigation.” “[W]hen Congress alters the words of a statute—as it did in this ease—[the Court must] presume that it intended to change the statute’s