Bobby Cruz Charged in an Eight-Count Federal Indictment Wednesday by a Federal Grand Jury in the Northern District of Illinois Alleging that he was Producing Child Pornography, Crossed State Lines to Engage in a Sexual Act with a Minor, Transporting Child Pornography, and Possessing Child Pornography

December 2, 2011
Bobby Cruz

U.S. Immigration and Customs Enforcement on December 1, 2011 released the following:

“Chicago-area man indicted for allegedly manufacturing child pornography, crossing state lines for sex with minor

CHICAGO – A local man who was arrested last month for allegedly transporting child pornography via computer, was indicted on new charges alleging that he manufactured child pornography involving at least three minor victims. The indictment was announced by Patrick J. Fitzgerald, U.S. Attorney for the Northern District of Illinois, and Gary J. Hartwig, special agent in charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Chicago.

Bobby Cruz, 32, of Des Plaines, Ill., was charged in an eight-count indictment Wednesday by a federal grand jury in the Northern District of Illinois. Cruz was charged with four counts of producing child pornography by enticing minors to engage in sexually explicit conduct, one count of crossing state lines to engage in a sexual act with a minor under 12, two counts of transporting child pornography, and one count of possessing child pornography.

Cruz was ordered to remain in federal custody without bond after his Nov. 1 arrest. He was initially charged with a single count of transporting child pornography after federal agents allegedly discovered illegal images on his home computer. A subsequent investigation, which resulted in the discovery of additional child victims, resulted in the new charges alleging molestation and production of child pornography.

While announcing the indictment, law enforcement officials provided the media with a photograph of Cruz in an effort to solicit information from the public pertaining to any suspicious contact that Cruz might have had with any unknown minor victims. Anyone with such information is encouraged to contact ICE HSI Special Agent Jennifer Sapper at 630-574-4941.

The Des Plaines Police Department and the Cook County State’s Attorney’s Office assisted in the investigation.

According to the four manufacturing counts, Cruz allegedly produced child pornography involving at three least minor victims between September 2007 and June 2009 in Des Plaines, Ill. and between March 2008 and June 2009 in Morris, Ill. The charges allege that in each of the four instances, Cruz persuaded, induced, and enticed a minor to engage in sexually explicit conduct. On Oct. 22, 2010, Cruz allegedly crossed state lines to molest a minor less than 12 years of age.

The remaining counts allege that Cruz transmitted and possessed child pornography between September and November 2011. The initial complaint against Cruz alleged that on Sept. 14 he sent an email to an undercover ICE agent with an attached zip file containing about 100 images of child pornography. The investigation began when agents learned that the same email account, allegedly identified later as belonging to Cruz, was used to trade hundreds of child pornography images with an unnamed individual in December 2010. ICE agents subsequently linked the email account to Cruz’s residence. On Nov. 1, agents executed a search warrant and seized a laptop computer, an external hard-drive, and other items allegedly containing numerous images and videos of alleged child pornography. The indictment seeks forfeiture of the computer equipment and other seized items.

Assistant U.S. Attorney Jennie Levin, Northern District of Illinois, is prosecuting this case.

Crossing state lines to engage in a sexual act with a minor under 12 carries a mandatory minimum sentence of 30 years and a maximum of life in prison. Each of the four counts of manufacturing child pornography carries a mandatory minimum of 15 years and a maximum of 30 years in prison. Transporting child pornography carries a mandatory minimum penalty of five years and a maximum penalty of 20 years in prison on each count; and possessing child pornography carries a 10-year maximum prison term. Each count also carries a maximum fine of $250,000. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

This investigation is part of Operation Predator, a nationwide ICE initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders, and child sex traffickers.”

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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 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.


Former Sheriff Deputy Christopher Thomas Davis Arrested for Allegedly Producing Child Pornography

August 26, 2011

The U.S. Immigration and Customs Enforcement (ICE) on August 25, 2011 released the following:

“Former Georgia sheriff deputy arrested for production of child pornography involving a 7-year-old

GAINESVILLE, Ga. – A former White County, Ga., sheriff’s deputy was arrested for producing child pornography Thursday morning, following an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

In May 2009, Christopher Thomas Davis, 32, of Dahlonega, Ga., took photographs of a 7-year-old female engaged in sexually explicit conduct. Photographs of the minor were taken inside of Davis’ home in Dahlonega. At that time, and at the time of his arrest, Davis was employed as a sheriff’s deputy with the White County Sheriff’s Office. Davis has since been terminated from his law enforcement position.

“ICE HSI will aggressively use its broad investigative authorities to identify and arrest any individual who seeks to sexually exploit children in this manner,” said Brock Nicholson, special agent in charge of ICE HSI in Atlanta. “This case is especially disappointing given the defendant held a position of public trust.”

The investigation is part of Operation Predator, a nationwide ICE initiative to identify, investigate and arrest those who prey on children, including human traffickers, international sex tourists, Internet pornographers, and foreign-national predators whose crimes make them deportable.

ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators.

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing and Exploited Children, an Operation Predator partner, at 1-800-843-5678 or http://www.cybertipline.com.

Assistant U.S. Attorney for the Northern District of Georgia Jill E. Steinberg is prosecuting the case. Davis’ detention hearing is scheduled for Sept. 1.”

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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Darrick C. Boroczk Sentenced to 70 Years in Federal Prison for Producing and Possessing Child Pornography

August 4, 2011

The U.S. Attorney’s Office Northern District of Illinois on August 3, 2011 released the following:

“FORMER WHEELING RESIDENT SENTENCED TO 70 YEARS IN FEDERAL PRISON FOR PRODUCING AND POSSESSING CHILD PORNOGRAPHY

CHICAGO — A former Wheeling resident was sentenced to 70 years in federal prison for producing and possessing child pornography, including images he manufactured while sexually molesting two small children, a girl and a boy, federal law enforcement officials announced today. The defendant, Darrick C. Boroczk, 34, has been in federal custody since he was arrested on July 30, 2009.

“No civilized society can permit [conduct like this] no matter what the circumstances,” U.S. District Judge Ronald Guzman said in imposing the sentence late yesterday in Federal Court in Chicago. Under federal law, Boroczk must serve at least 85 percent of his sentence before he is eligible for release, and the judge ordered lifetime supervision in the event he is released from custody. The sentence was announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Gary J. Hartwig, Special Agent-in-Charge of U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) in Chicago.

According to court documents, child pornography seized in April 2009 on a computer in New Castle, Pa., depicted a man sexually molesting a young girl. Further investigation resulted in law enforcement identifying Boroczk as the suspect, leading to his arrest and prosecution.

In March 2010, Boroczk pleaded guilty to four counts of manufacturing child pornography and one count of possessing child pornography. The manufacturing counts involved his sexual abuse of a girl between ages 3 and 5 that occurred between 2006 and 2009. The government also established as relevant conduct that Boroczk sexually molested a 2-year-old boy in 2006.

Judge Guzman sentenced Boroczk to the mandatory minimum of 15 years on each manufacturing count and imposed the maximum of 10 years on the possession count and ordered each prison term to be served consecutively, totaling 70 years.

The government was represented by Assistant U.S. Attorney Jeffrey Perconte.”

To find additional federal criminal news, please read The 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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ICE Arrests Ricardo Del Valle-Diaz for Producing Child Pornography and Sexually Enticing a Minor

June 17, 2011

U.S. Immigration and Customs Enforcement’s (ICE) on June 16, 2011 released the following press release:

“SAN JUAN, Puerto Rico – A local school bus driver was arrested on Wednesday by special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) for producing child pornography and sexually enticing a minor.

Ricardo Del Valle-Diaz, 33, of Caguas, Puerto Rico, is a school bus driver for special education students.

“The increase in the number of cases involving child pornography and sexual enticement in our jurisdiction is alarming,” said Roberto Escobar Vargas, special agent in charge of ICE HSI in San Juan. “Those involved in this despicable crime should know that ICE HSI will pursue them, and we will not rest until they are brought to justice.”

On June 10, an ICE HSI special agent received a complaint from the Puerto Rico Police Department’s Sexual Crimes Division in Caguas stating that Del Valle-Díaz had video and audio recording of a special education student engaged in a sexually explicit conduct while on the school bus.

Del Valle-Díaz was charged in a criminal complaint for using, persuading, enticing, and coercing a girl to engage in sexually explicit conduct, specifically lascivious exhibition of the genital areas and performing sexual acts. Valle-Díaz allegedly promoted this behavior so he could produce a video image using the camera of his computer which had been mailed, shipped or transported in interstate commerce.

“Our children, who are the most vulnerable and innocent victims in our society, deserve every measure of protection we can give them,” said U.S. Attorney Rosa Emilia Rodríguez-Vélez. “A child sexual predator will be held accountable for the unspeakable crimes he committed.” Project Safe Childhood is an initiative of the Department of Justice aimed at preventing the abuse and exploitation of children by use of the Internet and other mediums.

If convicted, Del Valle-Diaz faces a minimum 10 years and a maximum of life in prison. He had his initial hearing June 16 before Magistrate Judge Marcos Lopez. He was then transferred to the Metropolitan Detention Center in Guaynabo, Puerto Rico, awaiting the outcome of his case.

This investigation is part of Operation Predator, an ICE-led initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders, and child sex traffickers.”

To find additional federal criminal news, please read The 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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