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Corrupt Government
See other Corrupt Government Articles

Title: Accidental Child Porn Download Leads to Jail Time
Source: switched.com
URL Source: http://www.switched.com/2009/12/07/ ... download-leads-to-jail-time%2F
Published: Dec 7, 2009
Author: Terrence O'Brien
Post Date: 2009-12-07 20:39:35 by sneakypete
Ping List: *Crime and Corruption*     Subscribe to *Crime and Corruption*
Keywords: None
Views: 32692
Comments: 53

Matthew White, of Sacramento, California, has found himself in a rather unfortunate situation; he's been accused of downloading child pornography. On the advice of his public defender, White is pleading guilty in hopes of cutting his potential 20-year sentence down to three and a half years. After serving his time, White will have to serve 10 years of probation and register as a sex offender.

What makes this unfortunate is that the 22-year-old White claims he downloaded the child pornography on accident from the file-sharing service LimeWire. According to White, he was attempting to download a 'Girls Gone Wild' video two years ago, but when he opened the files, instead discovered images of underage girls. White claims to have immediately deleted the images and never looked back -- at least until the FBI showed up at his door a year later.

Last year, agents showed up at the door and asked if they could examine the family's computer. The Whites agreed, and, at least at first, the agents found nothing incriminating. Not satisfied with their preliminary search, the agents used software to dig deep into the hard drive and to recover deleted files. There, they recovered the illegal images. Matt told his local CBS News affiliate: "I asked them, 'Where did you get that? I don't remember that.' I asked them, 'Could I access that if I wanted to?' They said no." Despite the admission by the FBI that he could not access the files even if he wanted to, Matt was still arrested. Quick Google searches, conducted by CBS and ourselves, revealed plenty of complaints from LimeWire users of accidentally downloading child pornography disguised as more innocuous files.

In the event you ever accidentally download child pornography, the FBI advises you to immediately notify it. The Bureau admits that there is a chance your computer would be confiscated, but when your other option is facing 20 years in prison, that seems like a small price to pay. [From: CBS 13]'

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Begin Trace Mode for Comment # 31.

#2. To: sneakypete (#0)

That doesn't sound like the whole story. One download about two years ago is not enough to flag the Feds. And if he was really innocent, he should have plead not guilty and fought it. If his story is true - he wouldn't have been convicted.

I don't believe the story here.

mel  posted on  2009-12-07   20:45:31 ET  Reply   Untrace   Trace   Private Reply  


#7. To: mel (#2)

That doesn't sound like the whole story. One download about two years ago is not enough to flag the Feds.

You're right. What happened is they got the server records of the server that had been sending out the child porn,and started investigating every email person that had downloaded those files. That is the only way they would have to know he (or someone in his house) had downloaded those files. The fact that they showed up without a search or arrest warrant and asked him if he downloaded porn files from that site is proof of this.

And if he was really innocent, he should have plead not guilty and fought it. If his story is true - he wouldn't have been convicted.

You mean he should have taken a chance in federal court of beating the federal charges against him when he had already confessed to downloading it? You do know he would have gotten the full 20,and in a federal prison that would mean no good time and no parole,right? That's a hell of a chance to take.

sneakypete  posted on  2009-12-07   21:09:31 ET  Reply   Untrace   Trace   Private Reply  


#10. To: sneakypete (#7)

If it was only once as he stated - and he could prove what he was trying to download from LimeWire - yes. He could've plead not-guilty. A jury trial would have found him not-guilty under the circumstances. I am sure of that.

If this happens to you - report it to the authorities immedialty!

mel  posted on  2009-12-07   21:13:17 ET  Reply   Untrace   Trace   Private Reply  


#11. To: mel (#10)

If it was only once as he stated - and he could prove what he was trying to download from LimeWire - yes.

He didn't have to prove it. The FBI proved it for him by admitting the file had been deleted and that he couldn't access it if he wanted to,and by not charging him with having ANY OTHER CHILD PORN ON HIS COMPUTER. Now,do you REALLY think the Feebs would arrest him based on that one deleted file only if he had more on his computer?

He could've plead not-guilty. A jury trial would have found him not-guilty under the circumstances. I am sure of that.

ROFLMAO! Yeah,what the hell. I'm sure the federal judge will overlook the federal prosecutor and his demand to "Send a message by locking him up for the full 20 years" after the federal agents arrested him.

BTW,how many tens of thousands of dollars would he have spent on defense attorneys for the original trial and the appeal,and how many years and months would he have remained in prison after the conviction before the appeal was heard?

If this happens to you - report it to the authorities immediately!

Oh,yeah!

You betcha!

Count on it!

sneakypete  posted on  2009-12-07   21:20:14 ET  Reply   Untrace   Trace   Private Reply  


#12. To: sneakypete (#11)

Now,do you REALLY think the Feebs would arrest him based on that one deleted file

No, I do not.

mel  posted on  2009-12-07   21:25:13 ET  Reply   Untrace   Trace   Private Reply  


#17. To: mel (#12)

Now,do you REALLY think the Feebs would arrest him based on that one deleted file

No, I do not.

Nice job of editing. It totally changed the intent on what I had written.

And believe what you want to believe,but according to the report the Feebs ONLY arrested him on that one charge.

sneakypete  posted on  2009-12-07   22:32:44 ET  Reply   Untrace   Trace   Private Reply  


#22. To: sneakypete (#17)

Now,do you REALLY think the Feebs would arrest him based on that one deleted file

No, I do not.

Nice job of editing. It totally changed the intent on what I had written.

And believe what you want to believe,but according to the report the Feebs ONLY arrested him on that one charge.

Sorry Pete - I was trying to get back to my original point. That being, that if this was simply a one-time thing, that happened 2 years ago, and it was an accident, I don't think the Feds would have arrested the guy.

I don't think the guy is telling the whole story. There needs to be more than just one download over two years old for them to even take a look at it. aybe he pissed somebody off. Maybe he gt in a fight with somebody on the internet or maybe he downloaded more than one kiddie porn.

The story does not make sense. I really hope that this is not what this world has come to. I know there are crooked cops, but this? Why wuldthey go through the trouble? You know what I mean?

mel  posted on  2009-12-07   22:42:59 ET  Reply   Untrace   Trace   Private Reply  


#25. To: mel (#22)

Sorry Pete - I was trying to get back to my original point. That being, that if this was simply a one-time thing, that happened 2 years ago, and it was an accident, I don't think the Feds would have arrested the guy.

But that is exactly what they did. They had zero evidence against him,and didn't even have a arrest or search warrant when they showed up. Which means all they had was that one record of his computer downloading one file from that web site,and that file was named "Girls gone wild",which is girls/women 18 or older showing their boobs or asses.

I don't think the guy is telling the whole story.

I'm sure he's not. I'd be willing to bet he had downloaded other soft or hard core porn,but that's not the point because that's not illegal as long as there are no children involved.

There needs to be more than just one download over two years old for them to even take a look at it.

I think it was a year old,but the point is the same,and what the point says is the Feebs had a server record of his computer downloading ONE file from a child porn web site that was misnamed

aybe he pissed somebody off.

Or more likely,the head Feeb in that office was looking for a little publicity. Nothing gets publicity like a murder or child porn case.

I really hope that this is not what this world has come to.

I'd like to think that too,but experience has taught me better.

I know there are crooked cops, but this?

You're still not getting it. There was nothing crooked about the cops/Feebs arresting this guy. He was clearly guilty of downloading that file/movie and said he was guilty of downloading it. He also said,and the Feebs are NOT denying it,that the movie was titled "Girls Gone Wild",which is a soft-porn movie of women 18 years old or older flashing a camera,not child porn. He is saying that once he realized what it was he deleted it from his computer,and according to the FBI themselves,the files HAD been deleted.

Why wuldthey go through the trouble? You know what I mean?

Because they can,and because they have him on record admitting he downloaded that file.

Yeah,he could win on appeal,but by then he would have served more time than the plea agreement called for and would have bankrupted his family.

sneakypete  posted on  2009-12-07   23:03:54 ET  Reply   Untrace   Trace   Private Reply  


#27. To: sneakypete (#25)

Still - if what you say is what happened, the guy got screwed. I advise everyone who has a run in with the law to do some research and know every case similar to theirs they can get a hold of. I even got my father-in-law out of a speeding ticket - just by doing research and filing the right document.

mel  posted on  2009-12-07   23:21:30 ET  Reply   Untrace   Trace   Private Reply  


#31. To: mel (#27)

Still - if what you say is what happened, the guy got screwed.

Mel,I'm going by what was reported by the reporter.

I advise anyone who has a run in with the law to refuse to say anything other than "May I see the warrant?" ,and "Get the hell out of here." if they don't have one. If they do,the only words you should say is "I want to speak to my lawyer."

NEVER admit to anything,even if what you did was unintentional and innocent. Once you do,a plea bargain is the best you can hope for.

sneakypete  posted on  2009-12-07   23:36:44 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 31.

#32. To: sneakypete (#31)

I advise anyone who has a run in with the law to refuse to say anything other than "May I see the warrant?" ,and "Get the hell out of here." if they don't have one. If they do,the only words you should say is "I want to speak to my lawyer."

AH! We are on the same page!

mel  posted on  2009-12-07 23:41:31 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 31.

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