Case 1:18-cr PLM ECF No. 1 filed 02/27/18 PageID.1 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION _

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1 Case 1:18-cr PLM ECF No. 1 filed 02/27/18 PageID.1 Page 1 of 6 UNITED STATES OF AMERICA, v. Plaintiff,, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION _ Defendant. / INDICTMENT The Grand Jury charges: COUNT 1 (Sexual Exploitation of a Child and Attempted Sexual Exploitation of a Child) On or about December 11, 2015, in Ottawa County, in the Southern Division of the Western District of Michigan, knowingly used, persuaded, induced, and enticed, and attempted to use, persuade, induce, and entice, a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct, using materials that had been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer. Specifically, pursuant to the defendant s request or instruction, Minor 1, age 16, recorded a video of himself masturbating, and the defendant saved, reproduced, or possessed the video on materials including, but not limited to, a 1.5TB Seagate hard drive manufactured outside the state of Michigan. 18 U.S.C. 2251(a) and (e)

2 Case 1:18-cr PLM ECF No. 1 filed 02/27/18 PageID.2 Page 2 of 6 COUNT 2 (Sexual Exploitation of a Child and Attempted Sexual Exploitation of a Child) On or about December 12, 2015, in Ottawa County, in the Southern Division of the Western District of Michigan, knowingly used, persuaded, induced, and enticed, and attempted to use, persuade, induce, and entice, a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct, using materials that had been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer. Specifically, pursuant to the defendant s request or instruction, Minor 1, age 16, recorded a video of himself masturbating, and the defendant saved, reproduced, or possessed the video on materials including, but not limited to, a 1.5TB Seagate hard drive manufactured outside the state of Michigan. 18 U.S.C. 2251(a) and (e) -2-

3 Case 1:18-cr PLM ECF No. 1 filed 02/27/18 PageID.3 Page 3 of 6 COUNT 3 (Attempted Sexual Exploitation of a Child) Between about September 2015 and about March 2017, the exact date being unknown to the grand jury, in Ottawa County, in the Southern Division of the Western District of Michigan, knowingly attempted to use, persuade, induce, and entice a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct. Specifically, the defendant asked Minor 2, approximately age years old, to record a video of himself masturbating. 18 U.S.C. 2251(a) and (e) -3-

4 Case 1:18-cr PLM ECF No. 1 filed 02/27/18 PageID.4 Page 4 of 6 COUNT 4 (Possession of Child Pornography) Between about September 2013 and about April 2017, in Ottawa County, in the Southern Division of the Western District of Michigan, knowingly possessed child pornography including, but not limited to, one or more of the visual depictions listed below by file name: 1. Carved [2098][ ].jpeg 2. Carved [ ].jpeg 3. Carved [2098][ ].jpeg 4. Carved [ ].jpeg 5. Carved [2098].jpeg Such depictions were produced using materials that had been shipped or transported in or affecting interstate or foreign commerce, including, but not limited to, a 1TB Western Digital hard drive manufactured outside the state of Michigan. 18 U.S.C. 2252A(a)(5)(B) and (b)(2) 18 U.S.C. 2256(8)(A) -4-

5 Case 1:18-cr PLM ECF No. 1 filed 02/27/18 PageID.5 Page 5 of 6 FORFEITURE ALLEGATION (Sexual Exploitation of a Child; Attempted Sexual Exploitation of a Child; Possession of Child Pornography) The allegations contained in Counts 1 through 4 of this Indictment are hereby realleged and incorporated by reference for the purpose of alleging forfeitures pursuant to 18 U.S.C Pursuant to 18 U.S.C. 2253, upon conviction of an offense in violation of 18 U.S.C or 2252A, shall forfeit to the United States of America any visual depiction described in 18 U.S.C or 2252A; any matter which contains any such visual depiction that was produced, transported, mailed, shipped, and received in violation of Title 18, United States Code, Chapter 110; any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from the offenses; and any property, real or personal, used or intended to be used to commit or to promote the commission of the offenses or any property traceable to such property. The property to be forfeited, includes, but is not limited to, the following: a. 1.5TB Seagate hard drive (Serial Number 9VS080Q7) (Counts 1 and 2); b. StarTech hard drive enclosure (Serial Number ATQ ) (Counts 1 and 2); c. 250GB Western Digital hard drive (Serial Number WCAV2AP12964) (Counts 1 and 2); d. AMD FX GHz 8GB DDDR3 computer tower (Counts 1, 2, and 4); and e. 1TB Western Digital hard drive (Serial Number WCC1S ) (Count 4). -5-

6 Case 1:18-cr PLM ECF No. 1 filed 02/27/18 PageID.6 Page 6 of 6 If any of the property described above, as a result of any act or omission of the defendant: a. cannot be located upon the exercise of due diligence; b. has been transferred or sold to, or deposited with, a third party; c. has been placed beyond the jurisdiction of the court; d. has been substantially diminished in value; or e. has been commingled with other property which cannot be divided without difficulty, the United States of America shall be entitled to forfeiture of substitute property pursuant to 21 U.S.C. 853(p), as incorporated by 18 U.S.C. 2253(b) and by 28 U.S.C. 2461(c). 18 U.S.C U.S.C. 853(p) 28 U.S.C. 2461(c) 18 U.S.C U.S.C. 2256(8)(A) A TRUE BILL GRAND JURY FOREPERSON ANDREW BYERLY BIRGE United States Attorney TESSA K. HESSMILLER Assistant United States Attorney -6-