Former top FBI agent charged with alleged child porn distribution

May 16, 2012

CNN on May 15, 2012 released the following:

By Bill Mears

“(CNN) — A former supervisory FBI agent has been arrested and jailed on child pornography charges.

Donald Sachtleben was taken into custody and charged Monday after a nationwide undercover investigation of illegal child porn images traded over the Internet.

The 54-year-old resident of Carmel, Indiana, has pleaded not guilty and has a detention hearing in federal court Wednesday.

A federal complaint alleges 30 graphic images and video were found on Sachtleben’s laptop computer late last week when FBI agents searched his home, about 23 miles north of Indianapolis.

The arrest was a result a months-long probe, said the U.S. attorney for the Southern District of Indiana, Joseph Hogsett.

“The mission of our Project Safe Childhood initiative is to investigate and prosecute anyone found to (be) engaged in the sexual exploitation of children,” Hogsett said in a news release. “No matter who you are, you will be brought to justice if you are found guilty of such criminal behavior.”

Sachtleben is currently an Oklahoma State University visiting professor, according to his online resume. He is director of training at the school’s Center for Improvised Explosives, but all references to his work have now been removed from the university’s website. There was no indication from the school as to whether it had suspended him. Calls to the university and his Indianapolis attorneys were not immediately returned.

He had been an FBI special agent from 1983 to 2008, serving as a bomb technician. He worked on the Oklahoma City bombing and Unabomber investigations, according to his university biography.

A separate LinkedIn profile filled out by Sachtleben says he is an “accomplished investigator with more than 25 years of experience in FBI major case management, counter terrorism investigations, bombing prevention, post blast investigations and public speaking.”

According to the criminal complaint, a federal-state joint task force had been investigating an Illinois man allegedly trading child porn images as far back as September 2010. That suspect was arrested in January, and a search of his computer reportedly led to Sachtleben, who was using the e-mail name pedodave69.

According to the affidavit, an e-mail from that account was sent to the Illinois suspect last fall, along with nine images of child porn. “Saw your profile on (a file sharing network). Hope you like these and can send me some of ours (sic). I have even better ones if you like.” Prosecutors say Sachtleben sent that e-mail.

Sachtleben’s wife was interviewed by agents during the execution of the search warrant and denied any involvement with child porn. She was not taken into custody.

FBI officials in Washington had no comment on the arrest.

If convicted, Sachtleben would face up to 20 years in prison on the charge of distribution of child porn, and an additional 10 years for possession.

The Justice Department’s Project Safe Childhood initiative was launched in 2006, leading to what federal officials call a more than 40% increase in the number of cases investigated. The project’s website says 2,700 indictments were filed last year alone.
The case is U.S. v. Sachtleben (1:12-mj-316).”

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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.


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.


Madison Federal Grand Jury Returns Indictments

September 29, 2011

The Federal Bureau of Investigation (FBI) on September 28, 2011 released the following:

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

Eau Claire Man Charged with Child Pornography Crimes

David J. Kmetz, 43, Eau Claire, Wis., is charged with one count of distributing child pornography and one count of possessing a computer hard drive containing child pornography. The indictment alleges that on July 26, 2010, he distributed computer images and video files containing visual depictions involving the use of minors engaged in sexually explicit conduct, and that he possessed the computer hard drive on January 11, 2011.

If convicted, Kmetz faces a penalty of at least five years and up to 20 years in federal prison on the distribution count, and 10 years 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 Peter M. Jarosz.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.

Waterloo Man Charged with Embezzlement

Allen R. Howe, 63, Waterloo, Wis., is charged with embezzling $56,723.74, from the Allen Howe & Son, Inc. Simple Retirement Account Trust. The indictment alleges that from December 2006 through September 2009, he withheld that amount of Allen Howe & Son, Inc. employee contributions, and failed to make payments to any financial institution on behalf of those employees.

If convicted, Howe faces a maximum penalty of five years in federal prison. The charge against him is the result of an investigation by the U.S. Department of Labor, Employee Benefits Security Administration. The prosecution of this case has been assigned to Assistant U.S. Attorney Peter M. Jarosz.”

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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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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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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William H. Noble Indicted by a Massachusetts Federal Grand Jury for Allegedly Transporting Child Pornography and Possessing Child Pornography

August 25, 2011

The Federal Bureau of Investigation (FBI) on August 24, 2011 released the following:

“Massachusetts Man Arrested and Charged in Child Pornography Case

WASHINGTON—A Lowell, Massachusetts man charged with transportation and possession of child pornography made his initial appearance today in U.S. District Court in Boston, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney Carmen M. Ortiz of the District of Massachusetts, and Special Agent in Charge Richard DesLauriers of the FBI Boston Division.

William H. Noble, 46, of Lowell, was charged in an indictment unsealed yesterday with one count of transportation of child pornography and one count of possession of child pornography. Noble was arrested yesterday in the District of Massachusetts.

According to the indictment, in April 2009, Noble allegedly transported visual depictions of minors engaging in sexually explicit conduct. The indictment also alleges that Noble possessed additional images of child pornography.

In a separate indictment unsealed in the District of Massachusetts on Aug. 17, 2011, Steven Saunders, 28, was charged with one count of possession of child pornography. Saunders, a current resident of Chula Vista, Calif., and a former resident of Groton, Mass., was arrested on Aug. 17, 2011, in the Southern District of California. According to the indictment, on April 15, 2009, Saunders allegedly possessed visual depictions of minors engaging in sexually explicit conduct.

The maximum sentence for each count of possession of child pornography is 10 years in prison, lifetime supervised release and a $250,000 fine. The maximum sentence for each count of transportation of child pornography is 20 years in prison, lifetime supervised release and a $250,000 fine.

These cases are being prosecuted by Trial Attorney Thomas Franzinger of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michael I. Yoon of District of Massachusetts Major Crimes Unit. The cases are being investigated by the FBI. The Groton Police Department is also investigating the case against Noble.

These cases were brought as part of Project Safe Childhood. In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov/.”

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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Connecticut Pediatrician Todd Parrilla Charged in a Federal Criminal Complaint with Alleged Possession, Receipt, and Distribution of Child Pornography

August 24, 2011

The Federal Bureau of Investigation on August 23, 2011 released the following:

“Southeastern Connecticut Pediatrician Arrested on Federal Child Pornography Charge

David B. Fein, United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that TODD PARRILLA, 47, of Pellegrino Road, Stonington, was arrested today by members of the Connecticut Computer Crimes Task Force and charged in a federal criminal complaint with possession, receipt, and distribution of child pornography.

According to allegations contained in court documents and statements made in court, on July 8, 2011, a law enforcement officer in Kansas City, Missouri, acting in an undercover capacity, logged into a publicly available Internet file-sharing program and downloaded 104 images of child pornography from a shared directory maintained by PARRILLA.

PARRILLA is currently employed as a pediatrician in Pawcatuck, Connecticut.

PARRILLA was arrested this morning following the execution of a search and seizure warrant at his residence. Seized during the execution of the warrant were several computer-related components, including three detachable hard drives. Investigators also seized a bag containing more than one hundred printed images of what appears to be child pornography from a closet in PARRILLA’s bedroom.

PARRILLA appeared this afternoon before United States Magistrate Judge Thomas P. Smith in Hartford and has been ordered detained pending a detention hearing that is scheduled for Friday, August 26 at 10:00 a.m.

If convicted of the charge of possession, receipt, and distribution of child pornography, PARRILLA faces a mandatory minimum term of imprisonment of five years, and a maximum term of imprisonment of 20 years and a fine of up to $250,000.

U.S. Attorney Fein stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

This matter is being investigated by the Federal Bureau of Investigation and the Connecticut Computer Crimes Task Force, which includes federal, state and local law enforcement agencies. The Stonington Police Department is assisting the investigation.

The Connecticut Computer Crimes Task Force is housed in the main FBI office in New Haven, Connecticut. Citizens who have information that may be helpful to this investigation are encouraged to call the Task Force at 203-777-6311.

This case is being prosecuted by Assistant United States Attorneys Deborah R. Slater and Paul H. McConnell as 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. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov.”

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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Robert L. Hedrick Indicted For Attempted Production, Distribution and Possession of Child Pornography

August 17, 2011

The U.S. Attorney’s Office Southern District of Texas on August 16, 2011 released the following:

“BROWNSVILLE, Texas – A Brownsville grand jury has indicted Robert L. Hedrick, 60, for attempted sexual exploitation of children, transfer of obscene materials to a minor, distribution and possession of child pornography, United States Attorney José Angel Moreno announced today. Hedrick is the president of the Brownsville based Pan-American Airways.

The five-count indictment, returned by the grand jury on Aug. 16, 2011, charges Hedrick with attempting to produce images of child pornography and the transfer of obscene materials to a minor between Sept. 14 and Nov. 22, 2010. Hedrick is also accused of two counts of distributing child pornography between March 8 and Sept. 16, 2010, and again between Sept. 14 and Nov. 22, 2010. Hedrick is also charged with possessing child pornography on July 18, 2011, the date of his arrest.

The initial charges, according to the criminal complaint filed in this case in mid-July 2011, arise out of alleged Internet contact between Hedrick and undercover investigators in Louisiana and Wisconsin posing as minors during two separate operations during which Hedrick is alleged to have shared multiple images of child pornography. That information lead to further investigation by special agents of the Brownsville office of Immigration and Customs Enforcement – Homeland Security Investigations (ICE-HSI) which has resulted in the additional counts of distribution and possession of child pornography.

Hedrick has been in federal custody since his arrest at his home on July 18, 2011. It is expected the court will set a date for Hedrick’s arraignment on the charges next week.

If convicted of attempted production of child pornography, Hedrick faces no less than 15 years and up to 30 years in federal prison without parole. Transfer of obscene material to a minor carries a penalty of up to 10 years in prison while distribution of child pornography carries a mandatory minimum of five years to a maximum of 20 years in federal prison. A conviction for possession of child pornography carries a punishment of up to 10 years in prison. Each count also carries a fine of $250,000 and a term of supervised release of no less than five years up to life during which the court can impose any number of conditions designed to protect children. Additionally, registration as a sex offender is mandatory.

Assistant U.S. Attorneys V. LaTawn Warsaw and Carrie Wirsing are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States 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.

An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process 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 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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Luis Andres Cardona Indicted by a McAllen Federal Grand Jury for Production of Child Pornography

August 10, 2011

The U.S. Attorney’s Office Southern District of Texas on August 9, 2011 released the following:

“McALLEN, Texas – A McAllen grand jury has indicted Luis Andres Cardona, 53, for production of child pornography, United States Attorney José Angel Moreno announced today.

The one-count indictment, returned by the grand jury on Aug. 9, 2011, charges Cardona, of Mission, Texas, with producing images of child pornography beginning in December 2008 through October 2010 of a minor child using materials that had been mailed, shipped or transported in or affecting interstate or foreign commerce.

The federal charges arise from an investigation initiated by the Mission Police Department which culminated in the arrest of Cardona in May 2011 on state charges involving the alleged sexual abuse of a nine-year-old female child. The federal charges are the result of further investigation by the FBI. Presently in state custody, Cardona is expected to be transferred into federal custody for arraignment on the federal charges in the very near future.

If convicted of production of child pornography, Cardona faces no less than 15 years up to life in federal prison without parole, a fine of $250,000 and a term of supervised release of no less than five years up to life during which the court can impose any number of conditions designed to protect children. Additionally, registration as a sex offender is mandatory.

Assistant U.S. Attorneys Juan F. Alanis and Kimberly Bulger Leo are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States 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.

An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.”

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 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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Pedro Rosales of Houston Indicted by a Houston Federal Grand Jury for Possessing and Distributing Child Pornography

August 6, 2011

The U.S. Attorney’s Office Southern District of Texas on August 5, 2011 released the following:

“32-Year Old Houston Man Indicted for Distributing and Possessing Child Pornography Ordered Held Without Bond

HOUSTON – A 32-year-old Houston resident has been ordered to remain in federal custody without bond pending trial on charges of possessing and distributing child pornography, United States Attorney José Angel Moreno announced today.

Following a detention hearing this morning, U.S. Magistrate Judge Stephen W. Smith ordered Pedro Rosales, 32, to remain in federal custody pending trial. Indicted on July 26, 2011, by a Houston grand jury, Rosales was transferred on Aug. 2, 2011, from state custody where he has been held since a January 2011 arrest of similar state charges.

The federal charges against Rosales are the result of an investigation conducted by the United States Secret Service (USSS) and members of the Houston Metro Internet Crimes Against Children Task Force (Houston Metro ICAC). During today’s hearing, the court heard testimony regarding that investigation. According to that testimony, Rosales was making child pornography available to others through the use of Peer to Peer software over the Internet. A special agent downloaded an image of child pornography from the extensive list Rosales had allegedly made available on line to those using similar Peer to Peer software by Rosales. The images, which included children under the age of 12 being sexually violated by adults, or positioned in poses which exposed their genitalia in a lewd/lascivious manner or being subjected to bondage, were available from a “shared” folder on his computer.

As part of the investigation, agents obtained records identifying the computer, its location and the subscriber information identifying Rosales. In early January 2011, investigating agents executed a warrant at Rosales’ Houston area home and seized a computer which upon forensic examination was found to contain more than 600 digital images and approximately 36 videos of child pornography. The court also heard testimony that Rosales allegedly attempted to persuade a juvenile family member to claim responsibility for the child pornography believing that if the juvenile claimed the images/videos, the family member would not be prosecuted because of age.

If convicted of distributing child pornography, Rosales faces a minimum sentence of five years and a maximum of 20 years imprisonment without parole to be followed by a term of supervised release for any term of years up to life during which the court can impose a number of special conditions designed to protect children. Statutorily, the penalty for a possession of child pornography conviction carries a maximum prison term of 10 years. Additionally, if convicted, Rosales will be required to register as a sex offender. Trial is presently set before United States District Court Judge Vanessa D. Gilmore on Oct. 11, 2011.

This case brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States 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.

Assistant United States Attorney Sherri L. Zack is prosecuting the case.”

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 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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