State v. Mr. B (DMC No. 16809) – (10 Counts) Federal Felony Sexual Exploitation of a Minor/Child Pornography (Per 18 USC 2252) – Not Charged – FBI Investigated (Case No. 3XXA-PX-XXXXXX8) and SW No. (20XX-XX2MB)

A SWAT Team raided Mr. B’s house claiming that their software had picked up a “hit” regarding specific Child Pornography images being sent to an IP address located at Mr. B’s house. They claim this came off of “BitTorrent”, a peer-to-peer file sharing network. When they searched the house, they found that Mr. B not only shared the house with his wife, but they also had a live-in nanny who took care of their 1-year-old son for the last 15 months. In addition, it was discovered that the computer was not password protected, and other people who would come to stay with them would often have access to the computer. Lastly, the computer was in the process of being completely wiped, and the FBI Agent speculated that this was due to the “Jared from Subway” case breaking the night before. Even though they said this to Mr. B, he claimed it was being wiped because his hard drive could not store all the family files that he was going to transfer over from other devices. 

After the FBI Agents had left, Mr. B secured the services of DM Cantor. We immediately contacted the FBI Agents and indicated that Mr. B was Invoking his Right to Remain Silent. In addition, we gave them the names of all the people who had access to the computer (which was not password protected). Lastly, we pointed out the obvious fact that if there are no actual images on his hard drive, they have no evidence that anybody committed a crime at that address. 

In addition, we had Mr. B take a Polygraph exam (which he “passed”) and we conducted a Psychosexual Risk Evaluation, which showed he was Not a Pedophile. All of these items were provided by way of a Trebus-Bashir letter to the Detectives, and the decision was made to Not File Charges at the Federal level against Mr. B. The case was then routed over the State, and they also Declined to File any Charges. If Mr. B had been charged and convicted, he could have spent the rest of his Life in Prison.