Federal Child Pornography Charges Against Vt. Teacher Are Dropped; No Evidence He Knew Images Were on Computer

September 1, 2012

The Republic on September 1, 2012 released the following:

“THE ASSOCIATED PRESS

BENNINGTON, Vt. — Federal child pornography charges against a former Vermont elementary school teacher have been dismissed, but his lawyer lamented that the man had already lost his job and reputation.

John Dockum, 34, had pleaded not guilty in February to state charges on five felony counts of possession of child pornography. The state dismissed its charges, allowing federal prosecutors to review the case. He was never formally indicted, and federal prosecutors filed a motion Friday to dismiss their case, according to the Bennington Banner (http://bit.ly/N5h5Es).

    A police deposition showed there’s no evidence Dockum knew he had child pornography images on his computer, which is a necessary component of criminal possession, said Dockum’s attorney, David Silver of Bennington.

He said Dockum had visited a website that placed the 17 images that led to the charges into his computer’s temporary Internet cache.

The Bennington School District fired Dockum in February. He had taught at Monument Elementary School since 2009.

Silver called the case “a tragedy,” adding that his client was a popular teacher and has lost his job and reputation.

“I don’t know how he gets that back,” he said.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Federal Prosecutors will introduce evidence of uncharged crimes at Ratigan’s federal criminal trial

July 10, 2012
Shawn Ratigan
Shawn Ratigan (credit: Keith Myers)

KansasCity.com on July 9, 2012 released the following:

“BY MARK MORRIS
The Kansas City Star

Federal prosecutors announced Monday that they plan to introduce evidence of uncharged crimes and other “bad acts” at the trial of the Rev. Shawn Ratigan in August.

Ratigan, 46, is charged with production and possession of child pornography while he was pastor of Catholic parishes in St. Joseph and the Northland.

Authorities arrested Ratigan in May 2011, five months after officials and staff at the Diocese of Kansas City-St. Joseph found hundreds of lewd images of young girls on a laptop computer that the priest had sent for servicing.

In the ensuing furor of how church officials handled the discovery, authorities charged Bishop Robert Finn and the diocese in Jackson County each with a misdemeanor count of failure to report suspicions of child abuse. A trial on those counts is scheduled for September.

Federal prosecutors said in their filing Monday that they need to present evidence of uncharged conduct to prove whether Ratigan intended to produce child pornography, knew what he was doing and had motive, such as a desire “to indulge in and satisfy a sexual interest in female children.”

Among the evidence not previously disclosed is an image of Ratigan in his underwear allegedly taken at the home of one of his purported victims.

Prosecutors also want to present evidence that Ratigan purportedly discarded or hid a removable electronic card from his cellphone while in police custody May 18, 2011.

Ratigan also allegedly visited nine websites whose addresses, which prosecutors listed in court papers, clearly suggested an unsavory interest in young girls. Those addresses were, for the most part, discovered on a computer hard drive belonging to Ratigan and turned over to police by his family the day of his arrest.

Forensic evidence also established that Ratigan allegedly made multiple inquiries to websites using a literary title — “Lolita,” from the novel by Vladimir Nabokov — that has become a common search term for child pornography, prosecutors said.

Authorities apparently have established two instances in which Ratigan allegedly obtained girls’ underwear.

Prosecutors alleged that he possessed “a minor female’s underwear in the summer of 2009.”

As for the second instance, authorities noted that someone recovered “a different pair of minor female’s underwear at defendant’s residence in the spring of 2010.”

The second incident appears to match one that has been reported previously. In a letter of concern to diocesan officials in May 2010, a Northland Catholic school principal said a parent found a pair of girls’ panties in a planter at Ratigan’s home when a group of Brownies were there to plant flowers.

And prosecutors announced that they wanted to show jurors Ratigan’s alleged Web searches for photographs of children in swimsuits and his computer bookmarks for two-way mirrors and “spy pens,” which an earlier report on the case described as “small cameras disguised to look like ballpoint pens.”

The lawyer representing Ratigan did not return a call to his office Monday. Federal public defenders in Kansas City seldom comment on their cases.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Madison Federal Grand Jury Returns Indictment

January 5, 2012

The Federal Bureau of Investigation (FBI) on January 4, 2012 released the following:

“MADISON, WI—A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictment today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

Rock Springs Man Charged with Distributing and Possessing Child Pornography

Anthony J. Bonham, 43, Rock Springs, Wis., is charged with distribution of child pornography and possession of child pornography. The indictment alleges that on August 5, 2011, Bonham distributed computer image and video files which depicted minors engaged in sexually explicit conduct. The indictment further alleges that on November 16, 2011, he possessed four computer hard drives and a CD-R which contained child pornography.

If convicted, Bonham faces a mandatory minimum penalty of five years and a maximum penalty of 20 years in federal prison on the distribution count, and a maximum penalty of 10 years in federal prison on the possession count. The charges against him are the result of an investigation by the Federal Bureau of Investigation. The prosecution of this case has been assigned to Assistant U.S. Attorney Timothy M. O’Shea.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Pediatrician Arrested on Alleged Child Pornography Charges

December 2, 2011

The Federal Bureau of Investigation (FBI) on December 1, 2011 released the following:

“ATLANTA— Special Agent in Charge Brian D. Lamkin announces the following arrest today at Columbus, Georgia:

Yancy Craft, aka Travis Mobley, 41 years of age, of Columbus, Georgia and formerly of Memphis, Tennessee, was taken into custody today, December 1, 2011, by FBI agents of the Columbus, Georgia Resident Agency after coming to the attention of undercover officers on the Internet as part of an interstate child pornography investigation. This investigation was initiated by the FBI Memphis Crimes Against Children Task Force but was transferred to the Columbus, Georgia area when it was learned that Craft, a pediatrician, had relocated to that area for an imminent job placement.

Craft is currently charged via federal criminal complaint for the possession and receipt of child pornography.

Craft will have his initial appearance in front of a U.S. Magistrate Judge in Columbus, Georgia later this afternoon.

The public should be reminded that the above are mere allegations and that all persons are presumed innocent until proven guilty in a court of law.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Special Agent James Charles Cafferty Indicted for Alleged Possession and Receipt of Child Pornography

October 21, 2011

The Federal Bureau of Investigation (FBI) on October 21, 2011 released the following:

“TAMPA— United States Attorney Robert E. O’Neill announces that James Charles Cafferty (45, Largo) was indicted on October 19, 2011 for possession and receipt of child pornography. Cafferty faces a mandatory minimum sentence of five years in federal prison on the charge involving the receipt of child pornography, and up to 10 years in federal prison on the possession of child pornography charge. At the time of his arrest, Cafferty was a special agent in Diplomatic Security with the Department of State.

This case was investigated by the Federal Bureau of Investigation, State Department Bureau of Diplomatic Security, and the Largo Police Department. It is being prosecuted by Assistant United States Attorney Colleen Murphy Davis.

The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov. For more information about Internet safety education, please visit http://www.projectsafechildhood.gov and click on the tab “other resources.””

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Convicted Child Molester, Anthony W. Humphrey, Faces an Alleged Federal Charge of Possession of Child Pornography

October 17, 2011

Chicago Tribune on October 15, 2011 released the following:

“Associated Press

MUNCIE, Ind.— A convicted child molester has been arrested after police and FBI agents raided his Muncie apartment and found child pornography.

A jail spokesman said 51-year-old Anthony W. Humphrey was being held in Marion County Jail on Saturday on a hold for U.S. marshals.

Humprhey was charged Thursday in U.S. District Court in Indianapolis with a federal charge of possession of child pornography.

Court documents say agents and police who raided Humphrey’s apartment Wednesday while he was out found numerous computer images of children engaged in sex acts.

The documents say Humphrey was arrested later as he left a sex offender group counseling session.

The Star Press reports Humphrey was sentenced to 15 years in prison in 2003 after he was convicted of sexually abusing an 8-year-old Delaware County boy.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Richard D. Crisman Arraigned on Federal Child Pornography Charges

September 9, 2011

The Federal Bureau of Investigation on September 8, 2011 released the following:

“Rio Rancho Man Arraigned on Federal Child Pornography Charges

ALBUQUERQUE—This morning in federal court in Albuquerque, Richard D. Crisman, 27, of Rio Rancho, New Mexico, was arraigned on a six-count indictment charging him with child pornography offenses. The indictment charges Crisman with three counts of receipt of a visual depiction of minors engaged in sexually explicit conduct, and three counts of possession of a matter containing visual depictions of minors engaged in sexually explicit conduct. Crisman allegedly committed all six offenses in September 2010 in Bernalillo County, New Mexico.

The maximum penalty for a conviction on each of the receipt offenses is imprisonment for not less than five years and not more than 20 years and a lifetime of supervised release. The maximum penalty for a conviction on each of the possession offenses is up to 10 years’ imprisonment and a lifetime of supervised release. If convicted of any count, Crisman also will be required to register as a sex offender. Crisman entered a not guilty plea to the indictment during this morning’s proceedings, and was detained pending trial based on findings that he poses a danger to the community and a risk of flight.

United States Attorney Kenneth J. Gonzales said that Crisman was arrested as part of Operation Predator. Operation Predator was an investigative effort by state and local law enforcement affiliates of the New Mexico Internet Crimes Against Children (ICAC) Task Force aimed at identifying individuals throughout New Mexico involved in the distribution, receipt, and possession of child pornography through peer-to-peer file-sharing programs. Twenty-two search warrants were executed and eight defendants were arrested in late September 2010 as a result of Operation Predator.

Crisman was arrested in September 2010 on state charges filed by the District Attorney’s Office for the 13th Judicial District of the State of New Mexico, Sandoval County. The federal indictment charging Crisman was filed under seal on August 23, 2011, and was unsealed on September 7, 2011 after Crisman was arrested on the federal charges.

The case against Crisman was investigated by the Rio Rancho Police Department, the New Mexico State Police, U.S. Homeland Security Investigations, the Federal Bureau of Investigation, and the District Attorney’s Office for the 13th Judicial District. The case, which is being prosecuted by Assistant United States Attorney Charlyn E. Rees, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov.

The case also was brought as part of the New Mexico Internet Crimes Against Children Task Force whose mission it is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 61 federal, state, and local law enforcement agencies associated with the Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Dirk LaPaglia Charged in a Federal Criminal Complaint with Allegedly Possessing Child Pornography

September 1, 2011

The Federal Bureau of Investigation (FBI) on September 1, 2011 released the following:

“Alpharetta Man Arrested for Possessing Child Pornography

ATLANTA—Special Agent in Charge Brian D. Lamkin announces the following arrest at Atlanta, Georgia:

Dirk LaPaglia, age 53, of Alpharetta, Georgia, surrendered to the FBI today at the Richard B. Russell Federal Building after being charged yesterday, August 31, 2011, with possession of child pornography. In the charging federal criminal complaint, LaPaglia is alleged to have taken photographs of over two dozen minor children and superimposed their facial images over pornographic images, creating hundreds of such images. LaPaglia (pronounced Lapolia) accessed/photographed these minor children while serving as the photographer for several area neighborhood functions.

This matter was initiated by Johns Creek authorities investigating a stalking matter wherein neighborhood residents, to include at least one minor, were being sent suggestive packages with equally suggestive but anonymous letters. On April 15, 2011, LaPaglia was identified and charged with Stalking by Johns Creek/Fulton County authorities in that matter.

LaPaglia will have his initial appearance in Atlanta today at 1:30 p.m. in front of U.S. Magistrate Judge E. Clayton Scofield III.

Anyone with further information on the above matter should contact the FBI at tel. (404) 679-9000.

The public should be reminded that the above are mere allegations and that all persons are presumed innocent until proven guilty in a court of law.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Michael Holm Sentenced by Chief United States District Judge Alvin W. Thompson in Hartford For Possessing Child Pornography

August 29, 2011

The Federal Bureau of Investigation (FBI) on August 26, 2011 released the following:

“Branford Resident Sentenced to Federal Prison Term for Possessing Child Pornography

David B. Fein, United States Attorney for the District of Connecticut, announced that MICHAEL HOLM, 32, of Oak Street, Branford, was sentenced today by Chief United States District Judge Alvin W. Thompson in Hartford to three months of imprisonment, followed by three months of home confinement and five years of supervised release, for possessing child pornography.

According to court documents and statements made in court, on May 29, 2008, agents assigned to the Connecticut Computer Crimes Task Force conducted a court-authorized search at HOLM’s residence and seized a computer. Subsequent forensic analysis of the computer revealed between 150 and 300 images of child pornography.

On December 9, 2010, HOLM pleaded guilty to one count of possession of child pornography.

Following his release from prison, HOLM will be required to register as a sex offender. As special conditions of his five-year-term of supervised release, the United States Probation Office is authorized to monitor HOLM’s computer use and conduct random searches of his residence, automobile and workplace. Also, HOLM must not have any unsupervised contact with children who are under the age of 18, other than his own children, without the express permission of the U.S. Probation Office and his mental health treatment provider.

This case was investigated by the United States Secret Service and the Connecticut Computer Crimes Task Force, which includes federal, state and local law enforcement agencies. The case was prosecuted by Assistant United States Attorney Ray Miller and Special Assistant United States Attorney Neeraj Patel.

The Connecticut Computer Crimes Task Force, which is housed at the main FBI office in New Haven, investigates crimes occurring over the Internet, including on-line crimes against children, and provides computer forensic review services for participating agencies. For more information about the Task Force, or to report child exploitation crimes, please contact the FBI at 203-777-6311.

This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, and the District of Connecticut’s “Operation Constant Vigilance,” which are aimed at protecting children from sexual abuse and exploitation.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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David Michael McElmurry Convicted by a San Diego Federal Jury of Distribution of Child Pornography and Possession of Child Pornography

August 29, 2011

The Federal Bureau of Investigation (FBI) on August 26, 2011 released the following:

“United States Attorney Laura E. Duffy announced that David Michael McElmurry was convicted today after a three-day jury trial before United States District Court Judge John A. Houston. A federal jury returned verdicts convicting McElmurry of one count of distribution of child pornography and one count of possession of child pornography. McElmurry faces a fifteen-year mandatory-minimum sentence.

According to evidence presented at trial, McElmurry used the screen name “Teentrade” on a file-sharing program where he had over 41,000 files of child pornography available for sharing. Among his collection were children as young as infants involved in sexual conduct with adults and other children. The jury also heard testimony about his previous law enforcement contact from 2006, when he stated he was addicted to child pornography, had been viewing it since he was 15 years old, used encryption and traded files online.

The Court scheduled a sentencing hearing on November 28, 2011, at 8:30 a.m.

Case Number: 10CR5096-H

DEFENDANT
David Michael McElmurry

SUMMARY OF CHARGES
Title 18, United States Code, Section 2252(a)(4)(B) (Possession of Images of Minors engaged in Sexually Explicit Conduct)
Title 18, United States Code, Section 2252(a)(2) (Distribution of Images of Minors Engaged in Sexually Explicit Conduct)

Minimum penalty: 15 years’ imprisonment.
Maximum penalties: 40 years’ imprisonment.
Supervised Release: 5 years – Life.
Mandatory Registration under the Sex Offender Registration and Notification Act

AGENCY
Federal Bureau of Investigation”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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