January 8, 2013 Comments Off on Seeking Justice for Child Pornography Victims
SEEKING JUSTICE FOR CHILD PORNOGRAPHY VICTIMS: Marsh Law Firm Teams up with Freeman Lewis LLP in Novel Federal Lawsuit Under Masha’s Law
By James R. Marsh January 4, 2013
Marsh Law Firm PLLC partnered with Freeman Lewis LLC to file a lawsuit today on behalf of a victim of child pornography seeking damages from a defendant who was convicted of transporting child pornography in violation of federal criminal law. The civil lawsuit, “Amy” v. Joshua Osmun Kennedy, was filed in the federal district court for the Western District of Washington.
The civil complaint seeks compensatory and punitive damages, as well as costs and attorneys’ fees under 18 U.S.C. § 2255 (Masha’s Law) and 18 U.S.C. § 2252A.
To protect the victim’s privacy, a motion was filed to permit the plaintiff to proceed under the pseudonym “Amy”. A motion was also filed seeking pre-judgment attachment of the defendant’s property to prevent the dissipation of the defendant’s assets.
During the defendant’s criminal trial, a forensic expert testified that the defendant had viewed and accumulated over 5,000 images of child pornography during a two-year period when the defendant frequently accessed websites containing child pornography….
Utilizing a rarely used federal statute known as Masha’s Law, which Marsh Law Firm helped draft, this lawsuit is the first in a series of lawsuits designed to disrupt and frustrate the growing market for child sex abuse images and videos by making those who deal in this material liable to the victims of this terrible crime. http://www.childlaw.us/2013/01/seeking-justice-for-child-porn.html
Federal civil complaint in “Amy” v. Joshua Osmun Kennedy, Western District of Washington, Case 13-cv-17 filed January 4, 2013 http://www.scribd.com/doc/119359382/Amy-v-Joshua-Osmun-Kennedy-Complaint-Case-13-cv-17
December 7, 2011 Comments Off on Supreme Court Grants Justice Dep’t Request to Reject Child Victims
Supreme Court Grants Justice Dep’t Request to Reject Child Victims
By James R. Marsh on December 6, 2011
Last week the United States Supreme Court ignored the extraordinary pleas of three nationally recognized child advocacy groups and granted the Justice Department’s request to dismiss a child sex abuse victim’s appeal for criminal restitution.
The case now returns to the district court which must follow the DC Circuit’s holding that the victim in this case, Amy, does not have a clear and indisputable right to full restitution, but must instead trace precisely how her losses were “proximately” caused by each of the thousands of child molesters and pedophiles who collect and trade her child sex abuse images.
The Supreme Court’s rejection means that a child pornography victim’s right to criminal restitution in the federal courts will continue to be limited and denied in sixteen states and territories, including California, New York and Washington, DC. Only in the Fifth Circuit—encompassing the states of Texas, Louisiana and Mississippi—is restitution still mandatory.
The Court’s denial—and the Justice Department’s stubborn refusal to abandon a legal standard which the influential Ninth Circuit concluded “present[s] serious obstacles for victims seeking restitution in these sorts of cases”—leaves child sex abuse victims like Amy with scant chance for justice in the federal courts.
Pedophiles, child molesters and the Justice Department are likely to seize on the high court’s rejection as a sign that criminal restitution for child sex abuse victims is all but impossible in the federal courts except under the most egregious circumstances. http://www.childlaw.us/2011/12/supreme-court-grants-justice-d.html
November 29, 2011 Comments Off on Syracuse Scandal: Bernie Fine’s wife had abuse concerns
– Syracuse Scandal: Bernie Fine’s Wife Admitted Worries Over Abuse On Tape-Recorded Conversations
– Bernie Fine’s wife had abuse concerns
– Syracuse takes stand as allegations swirl
– Third accuser says Syracuse coach Bernie Fine sexually abused him as child
– How Much Restitution Will be Permitted for Child Pornography Victims
Syracuse Scandal: Bernie Fine’s Wife Admitted Worries Over Abuse On Tape-Recorded Conversations
The Huffington Post Chris Greenberg 11/27/11
Two days after police searched the home of longtime Syracuse assistant basketball coach Bernie — who is under investigation for sexually abusing two boys who served as ball boys for the basketball team — the woman who shared that home is involved in a major development in the scandal.
According to ESPN, Fine’s wife, Laurie, admitted her knowledge of the alleged abuse to one of the possible victims, Bobby Davis, during tape-recorded telephone conversations between the two from October 2002….
Syracuse head basketball coach Jim Boeheim was extremely vocal in defense of his longtime assistant coach when child molestation allegations were recently made public, going as far as to call Davis a “liar.” These recordings may make Boehiem reconsider his stance.
Bernie Fine’s wife had abuse concerns By Mark Schwarz and Arty Berko ESPN November 27, 2011
In a tape-recorded 2002 telephone conversation, the wife of Syracuse associate head coach Bernie Fine admitted she had concerns that her husband had sexually molested a team ball boy in their home, but said she felt powerless to stop the alleged abuse.
Bobby Davis, who has publicly accused Bernie Fine of years of molestation that Davis said started when he was in the seventh grade, legally recorded his Oct. 8, 2002, phone call to Laurie Fine….
After “Outside the Lines” first reported the allegations against Fine on Nov. 17, the now-39-year-old Davis shared the tape with Syracuse police, one of several law-enforcement agencies who have opened an investigation into the case. Davis first gave the tape to ESPN in 2003. At the time, ESPN did not report Davis’ accusations, or report the contents of the tape, because no one else would corroborate his story.
After a second man said this month that he was also molested by Fine (that man is Mike Lang, Davis’ step brother), ESPN hired a voice-recognition expert who said the voice on the tape matches the voice of Laurie Fine. The call was made and received in states that don’t require both parties to consent to a call being recorded….
On the tape, Davis repeatedly asked Laurie Fine about what she knew of the alleged molestation.
“Do you think I’m the only one that he’s ever done that to?” Davis asked.
“No … I think there might have been others but it was geared to … there was something about you,” Laurie Fine said…..
Syracuse takes stand as allegations swirl
Saturday, November 19, 2011
SYRACUSE – There were subtle and not-so-subtle reminders on the Syracuse campus that the school’s hallowed basketball program may be on the brink of scandal on Saturday, three days after city police confirmed an investigation into allegations that Jim Boeheim’s associate head coach, Bernie Fine, sexually assaulted two ball boys in the mid-1980s….
Boeheim launched a staunch defense of Fine on Thursday after ESPN aired the molestation allegations by Billy Davis and his stepbrother Mike Lang. He pointed to a four-month university probe that could not corroborate claims then made solely by Davis, called Davis a “liar” and said the accusers were “trying to get money.” He softened the stance slightly a day later by telling the Syracuse Post-Standard, “If I saw some reason not to support Bernie, I would not support him.”….
Third accuser says Syracuse coach Bernie Fine sexually abused him as child
November 27, 2011, 6:25 AM By The Post-Standard
By Mike McAndrew and John O’Brien
Syracuse, N.Y. — A third accuser told police Wednesday that Syracuse University associate head basketball coach Bernie Fine sexually abused him as a child.
That revelation prompted authorities to search Fine’s home two days later, a source said.
Zach Tomaselli, 23, of Lewiston, Maine, told Syracuse police that Fine molested him in 2002 in a Pittsburgh hotel room when Tomaselli was 13 years old….
How Much Restitution Will be Permitted for Child Pornography Victims
The Second Circuit Speaks; Will The Supreme Court Step In?
By James R. Marsh on November 25, 2011
Guest Legal Analysis by Jennifer Freeman of Freeman Lewis LLP
On September 8, 2011, the Second Circuit dealt a blow to victims of child pornography who had been seeking broad relief under a federal criminal statute authorizing restitution. In United States v. Aumais, Docket No. 10-3160 (Sept. 8, 2011), the New York federal appeals court reversed a restitution order of nearly $50,000 assessed in favor of a victim of child porn against a possessor of the images, holding that proximate cause was lacking, without which such damages could not be imposed.
In issuing this decision, the Second Circuit agreed with the result reached by a number of other Circuit Courts and disagreed with the Fifth Circuit. A petition for certiorari to the United States Supreme Court is currently pending in a similar case. This is an issue that cries out for Supreme Court resolution, and we very much hope that the Supreme Court will step in to provide clarity to the victims, perpetrators and others in this highly charged and important arena.
Recent Expansion of Restitution Claims
The United States Supreme Court has held that distribution of child pornography is “intrinsically related to the sexual abuse of children” because, among other things, “the materials produced are a permanent record of the children’s participation and the harm to the child is exacerbated by their circulation.” New York v. Ferber, 458 U.S. 747, 759 (1982). Once the acts are recorded, “the pornography may haunt [the child] in future years, long after the original misdeed took place.” 458 U.S. at 759 n.10.
Commencing in about 2009, victims of child pornography started filing claims of restitution under 18 U.S.C. § 2259, the federal “child pornography restitution statute”, as part of criminal cases against transporters, distributors or possessors of the images. Since that time, abuse victims have sought millions of dollars in restitution damages from the sellers or users of the child pornography….
October 25, 2011 Comments Off on Child Pornography Victims Abandoned at the Supreme Court
Child Pornography Victims Abandoned at the Supreme Court
By James R. Marsh on October 24, 2011
Last week, the Solicitor General filed this brief with the United States Supreme Court which effectively denies child victims the ability to obtain criminal restitution from the thousands of child molesters and pedophiles who collect and share child pornography.
The defendant in the case currently pending before the Supreme Court, Amy v. Monzel, admitted to law enforcement that he sexually abused his granddaughter and traded images of girls being sexually abused. A search of his home uncovered more than 800 child sex abuse images including pictures of Amy, the victim in this case. The defendant pleaded guilty to distributing child pornography and was sentenced to 10 years in prison.
The District court ordered the defendant to pay just $5000 in criminal restitution to Amy, a girl whose rape and sexual abuse images were found in his collection. That award was overturned on appeal. Amy then appealed to the Supreme Court where three amicus joined her in asking the Court to take the case.
Despite supporting the victims in the lower courts, the government abandoned victims of child pornography at the Supreme Court by asking the Court not to review the Court of Appeals’ denial of restitution. The Solicitor General’s position on this issue effectively strips victims of child pornography the ability to obtain criminal restitution from any of the thousands of child molesters and pedophiles who collect and share their child sex abuse images.
Anonymous Hackers Take Down Child Porn Websites, Leak Users’ Names
Oct 20, 2011 By Matt Liebowitz, SecurityNewsDaily Staff Writer
Members of the Anonymous hacktivist movement are claiming responsibility for taking down more than 40 secret child-pornography websites and leaking the names of more than 1,500 members of one of the illegal sites.
The Anonymous campaign began Oct. 14, when members of the hacktivist group found a cache of child-pornography websites while browsing a secret website called the Hidden Wiki, a guidebook to hundreds of underground websites invisible to search engines and regular Internet users.
Hacking Child Pornography
By James R. Marsh on October 21, 2011
A new front has opened in the battle to control child pornography on the internet. Members of the Anonymous hacktivist movement have recently taken down more than 40 secret child-pornography websites and revealed the names of more than 1,500 members of one of the illegal sites.