Former Subway spokesman Jared Fogle to plead guilty in child abuse case Fogle agrees to plead guilty to allegations he paid for sex acts with minors and received child abuse images, and to pay $1.4m in restitution to 14 victims

August 20, 2015 Comments Off on Former Subway spokesman Jared Fogle to plead guilty in child abuse case Fogle agrees to plead guilty to allegations he paid for sex acts with minors and received child abuse images, and to pay $1.4m in restitution to 14 victims

Former Subway spokesman Jared Fogle to plead guilty in child abuse case
Fogle agrees to plead guilty to allegations he paid for sex acts with minors and received child abuse images, and to pay $1.4m in restitution to 14 victims

Mahita Gajanan and agencies
Wednesday 19 August 2015

Longtime Subway sandwich pitchman Jared Fogle has agreed to plead guilty to allegations that he paid for sex acts with minors and received child abuse images that he knew had been secretly produced by the former director of his charitable foundation, federal prosecutors said in court documents released on Wednesday.

Fogle will plead guilty to one count each of travelling to engage in illicit sexual conduct with a minor and the distribution and receipt of child abuse images after appearing in court in Indianapolis on Wednesday morning.

Prosecutors said that under the plea deal, each side will seek a sentence from 5 to 12.5 years in prison. Further hearing dates have not yet been decided.

Court documents said Fogle agrees to pay $1.4m in restitution to 14 minor victims, who will each receive $100,000. Fogle will also be required to register as a sex offender and undergo treatment for sexual disorders….

Federal prosecutors allege in the documents that the married father of two travelled to pay for sex acts, including with minors, from 2007 until as recently as June and that he repeatedly planned business trips to coincide with his sexual pursuits.

On 3 November 2012, Fogle allegedly paid a 17-year-old girl who he had found online to engage in sex acts while he was staying at the Plaza Hotel in New York City, according to the papers. Several months later, he again paid her for sex acts while staying at the Ritz Carlton Hotel, according to the document, which says the girl told Fogle her age when they first met and that he knew she was a minor.

After the first meeting, the document said, Fogle texted the girl and offered to pay her a fee if she could find him another underage girl to pay for sex acts.

During these discussions, Fogle “stated that he would accept a 16-year-old girl, while stating that the younger the girl, the better”, the document said.

Between 2011 and 2013, Fogle also repeatedly sent text messages to other escorts, “soliciting them to provide him with access to minors as young as 14 to 15 years”, the document said, adding that he would only make such requests after engaging in sex acts with the escorts to “insure that they were not undercover police officers”.

The document also alleged that Fogle on multiple occasions received sexually explicit images and videos produced by Russell Taylor, 43, who ran the charitable Jared Foundation. The foundation sought to raise awareness about childhood obesity and arranged for Fogle to visit schools and urge children to adopt healthy eating and exercise habits….
http://www.theguardian.com/us-news/2015/aug/19/jared-fogle-plead-guilty-child-abuse-case

Court documents of Jared Fogle case
http://ftpcontent2.worldnow.com/wthr/PDF/foglepc.pdf

Utah law professor to make case for child-porn victims

January 27, 2014 Comments Off on Utah law professor to make case for child-porn victims

Utah law professor to make case for child-porn victims   
Restitution » Cassell will argue before the Supreme Court on compensation for child-pornography victims.

By Brooke Adams The Salt Lake Tribune  Jan 16 2014

Paul Cassell has advocated passionately in courtrooms across the country that every person who views or distributes an image of child pornography contributes to what victims have described as “death by a thousand cuts” and thus should be held liable for restitution.

On Wednesday, the University of Utah law professor will make that argument before what will be his most important audience yet: the U.S. Supreme Court. It is the first time a crime victim’s attorney has appeared before the court in a criminal case filed by the government; the outcome may result in a historic decision for crime victims’ rights.

The case before the U.S. Supreme Court involves a Texas man who viewed images of an 8-year-old girl identified by the pseudonym “Amy Unknown,” who was sexually abused by her uncle in 1997.

When Amy was 17, she learned that pornographic images of her abuse, taken by her uncle, were being widely circulated on the Internet, which is where Doyle Randall Paroline came across them.

Paroline was arrested in 2009 after an employee at a computer company found sexually explicit images of minors on his computer. Two images of “Amy” were among the nearly 300 child pornography images that investigators later discovered on the machine. Paroline pleaded guilty and received a 24-month prison sentence.

James Marsh, Amy’s attorney, filed a restitution request for $3.4 million — the sum first awarded to his client in a 2008 case under what turned out to be a little-used 1994 federal law that requires mandatory restitution for child pornography victims.

“I didn’t know it was the first request ever filed for a victim of child pornography,” Marsh said of that first case.

But since then, Marsh, who teamed up with Cassell about 4 1/2 years ago, has filed restitution requests on behalf of Amy and other victims of child pornography in hundreds of cases. Amy has received victim notices in more than 1,800 federal child pornography cases. They have won restitution for Amy in 180 cases, collecting about 40 percent of the full amount awarded to her….
http://www.sltrib.com/sltrib/news/57400897-78/amy-restitution-court-child.html.csp

Saddle River lawyer admits to sex trafficking of young boy across Europe, child p_rn distribution

December 21, 2013 Comments Off on Saddle River lawyer admits to sex trafficking of young boy across Europe, child p_rn distribution

Saddle River lawyer admits to sex trafficking of young boy across Europe, child porn distribution
By James Kleimann December 19, 2013

NEWARK — A prominent Bergen County corporate lawyer has pleaded guilty to the sex trafficking of a six-year-old boy across Europe, while separately admitting that he had distributed hundreds of graphic images and videos of child porn, some of which depicted small children being raped.

Edward M. De Sear, 67, of Saddle River, was sentenced in Newark federal court on Thursday to 17.5 years in prison, and was ordered to pay $1.2 million in restitution to his victims, U.S. Attorney Paul Fishman said Thursday. He pleaded guilty to one count of sex trafficking of a child and four counts of distribution of child pornography.

According to federal prosecutors, De Sear, who was formerly a partner at New York firm Allen & Overy, paid a man cash in June of 2011 to travel with his six-year-old son from Paris to Brussels, Belgium, where he sexually abused the boy….

http://www.nj.com/bergen/index.ssf/2013/12/saddle_river_lawyer_admits_to_sex_trafficking_of_young_boy_across_europe_child_porn_distribution.html

Allocating Liability for Child Pornography, in Full or Fractional Shares

December 4, 2013 Comments Off on Allocating Liability for Child Pornography, in Full or Fractional Shares

Allocating Liability for Child Pornography, in Full or Fractional Shares  By ADAM LIPTAK  December 2, 2013

WASHINGTON — The notices arrive almost every day. They tell a young woman named Amy, as she is called in court papers, that someone has been charged with possessing child pornography. She was the child.

“It is hard to describe what it feels like to know that at any moment, anywhere, someone is looking at pictures of me as a little girl being abused by my uncle and is getting some kind of sick enjoyment from it,” Amy, then 19, wrote in a 2008 victim impact statement. “It’s like I am being abused over and over and over again.”

Next month, the Supreme Court will consider what the men who took pleasure from viewing Amy’s abuse must pay her.

Images of Amy being sexually assaulted by her uncle are among the most widely viewed child pornography in the world. They have figured in some 3,200 criminal cases since 1998.

Amy is notified through a Justice Department program that tells crime victims about developments in criminal cases involving them. She has the notifications sent to her lawyer. There have been about 1,800 so far.

Her lawyer often files a request for restitution, as a 1994 law allows her to do. Every viewing of child pornography, Congress found, “represents a renewed violation of the privacy of the victims and repetition of their abuse.”

Amy’s losses are in most ways beyond measure, but some of them can be calculated in dollars. She has found it hard to hold down a job. She needs a lifetime of therapy. She has legal bills. Her lawyers say it adds up to about $3.4 million….
http://www.nytimes.com/2013/12/03/us/evaluating-the-liability-of-viewers-of-child-pornography.html

Victim Impact Statement of Amy – the Victim in the Misty Series

I am a 19 year old girl and I am a victim of child sex abuse and child pornography. I am still discovering all the ways that the abuse and exploitation I suffer has hurt me, has set my life on the wrong course, and destroyed the normal childhood, teenage years, and
early adulthood that every one deserves. My uncle started to abuse me when I was only 4 years old. He used what I now know are the common ways that abusers get their victims ready for abuse and keep them silent:
he told me that I was special, that he loved me, and that we had our own “special secrets.” Since he lived close to our house, my mother and father didn’t suspect anything when I walked over there to spend time with him.
http://graphics8.nytimes.com/packages/pdf/national/20100202-impact-statement.pdf

18 USC Chapter 110 – SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

§2251. Sexual exploitation of children
§2251A. Selling or buying of children
§2252. Certain activities relating to material involving the sexual exploitation of minors
§2252A. Certain activities relating to material constituting or containing child pornography
http://www.law.cornell.edu/uscode/text/18/part-I/chapter-110

Disinformation and DID: The Politics of Memory, Top court agrees to hear child p_rnography restitution case

June 29, 2013 Comments Off on Disinformation and DID: The Politics of Memory, Top court agrees to hear child p_rnography restitution case

Disinformation and DID: the Politics of Memory – Brian Moss, MA, MFT
Information on the False Memory Syndrome, Mind Control, Dissociative Identity Disorder, The Media, Ritual Abuse, The Nazis and Programming.
http://ritualabuse.us/research/did/disinformation-and-did-the-politics-of-memory/

Top court agrees to hear child pornography restitution case  
By Lawrence Hurley WASHINGTON | Thu Jun 27, 2013
(Reuters) – The Supreme Court on Thursday agreed to consider how much victims of child pornography can claim in restitution under a federal law.

The case concerns efforts by a victim, named only as Amy, to seek restitution from Doyle Paroline Of Brownsboro, Texas, who was convicted of possessing child pornography that included two images of Amy.

Amy, now 19, was sexually abused by an uncle when she was 8 and 9 years old. The uncle made images of the abuse that have been widely distributed on the Internet, which is where Paroline acquired them.

The legal question is how much Paroline is required to pay in restitution under the 1994 Mandatory Restitution for Sexual Exploitation of Children Act. Amy said Paroline is liable for the full amount of her injury – such as counseling and loss of future income – while Paroline said he should only be liable for his individual role. Amy has claimed $3.4 million.

A federal court initially denied Amy any restitution in Paroline’s case but an appeals court said restitution of the full amount of the loss is required. Paroline asked the Supreme Court to review that finding. Amy’s case is one of several similar cases around the country.

Court papers said more than 150 courts have awarded Amy restitution but Paroline’s is the only one before the Supreme Court….

http://www.reuters.com/article/2013/06/27/us-usa-court-restitution-idUSBRE95Q0W520130627

Supreme Court Agrees to Hear Landmark Children’s Rights Case
By James R. Marsh on June 27, 2013

Earlier today, the United States Supreme Court agreed to review a case brought by the Marsh Law Firm concerning criminal restitution for victims of child pornography.

The Court agreed to decide “what, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. §2259,” the Mandatory Restitution for Sexual Exploitation of Children Act of 1994.

The case, Doyle Randall Paroline v. Amy Unknown, arises out of a long-fought and extensively litigated criminal restitution action which began almost four years ago before Judge Leonard Davis in the Eastern District of Texas Tyler Division.
http://www.childlaw.us/2013/06/supreme-court-agrees-to-hear-l.html

Psychobiological DID/MPD evidence, Pediatric dentist facing child porn possession charges, Victims of child pornography seek restitution from men who downloaded and traded horrific images, Paedophiles behind a face of respectability

December 29, 2012 Comments Off on Psychobiological DID/MPD evidence, Pediatric dentist facing child porn possession charges, Victims of child pornography seek restitution from men who downloaded and traded horrific images, Paedophiles behind a face of respectability

– Prosecutor: Pediatric dentist facing child porn possession charges
– Victims of child pornography seek restitution from men who downloaded and traded horrific images
– Dissociative Identity States “DID does not have a sociocultural (e.g., iatrogenic) origin”
–  Psychobiological characteristics of dissociative identity disorder: a symptom provocation study.
– One Brain, Two Selves.
– Paedophiles behind a face of respectability

Prosecutor: Pediatric dentist facing child porn possession charges

By Laura Ly and Rande Iaboni, CNN
Thu December 27, 2012

(CNN) — A pediatric dentist charged with possession and distribution of child pornography can still treat children at his Framingham, Massachusetts, dental office under a judge’s ruling, according to a news release from the Middlesex district attorney’s office.

Melvin A. Ehrlich, 52, was arraigned Thursday in Framingham District Court on three counts of possession of child pornography and two counts of distribution of child pornography, according to the release.

Ehrlich, who was arrested Wednesday, pleaded not guilty at his arraignment, according to Stephanie Chelf Guyotte, spokeswoman for the district attorney’s office.

“While the case remains under development and investigation, there is currently no evidence that presently leads law enforcement to believe that Ehrlich physically abused any children or manufactured any images of child pornography,” the news release said….

Authorities immediately launched an investigation that they say revealed Ehrlich had used the laptop “under various user names to download and distribute commercially traded child pornography images,” the release said….

http://www.cnn.com/2012/12/27/us/massachusetts-pediatric-dentist-charged/index.html

Victims of child pornography seek restitution from men who downloaded and traded horrific images
By Jenifer B. McKim Globe Staff December 27, 2012
The woman, now in her twenties, lives in relative anonymity on the West Coast, but to child pornography collectors worldwide she will always be known as “Vicky,” a little girl raped by her father in a series of videos illegally disseminated online thousands of times during more than a decade.

Now the woman and a small but growing number of other child pornography victims are seeking restitution from those who collected or traded pictures and videos depicting their abuse, filing claims for damages against convicted child pornographers in Massachusetts and around the country. In court papers, victims describe living with the knowledge that their images can never be cleansed from the Internet.

“Many people somewhere are watching the most terrifying moments of my life and taking grotesque pleasure in them,” the woman said in court statement provided by her Seattle attorney, Carol Hepburn. “They are being entertained by my shame and pain.”

Since 2008, six federal child pornography cases in Massachusetts have resulted in defendants being ordered to pay restitution, according to the US attorney’s office in Boston.

The amounts range between $2,000 and $2.5 million, and more than a dozen local cases are pending as courts across the country grapple with questions about whether victims deserve restitution and, if so, how much.

The recent restitution efforts come as the scourge of child pornography has accelerated during the last decade, aided by improved technology and the Web’s promise of anonymity.

While most sexually exploited children go unidentified, nearly 5,000 nationwide have been located during the last 10 years by law enforcement officials and the National Center for Missing & Exploited Children.

The Virginia nonprofit manages a database to aid prosecutors and help identify exploited children….
http://www.boston.com/news/nation/2012/12/27/victims-child-pornography-seek-restitution-from-men-who-downloaded-and-traded-horrific-images/LPHPAEuOjJGACBwBTA485K/story.html

Dissociative Identity States. Reinders AATS, Willemsen ATM, Vos HPJ, den Boer JA, Nijenhuis ERS (2012) PLoS ONE 7(6): e39279. doi:10.1371/journal.pone.003927

Methodology/Principal Findings

DID patients, high fantasy prone and low fantasy prone controls were studied in two different types of identity states (neutral and trauma-related) in an autobiographical memory script-driven (neutral or trauma-related) imagery paradigm. The controls were instructed to enact the two DID identity states. Twenty-nine subjects participated in the study: 11 patients with DID, 10 high fantasy prone DID simulating controls, and 8 low fantasy prone DID simulating controls. Autonomic and subjective reactions were obtained. Differences in psychophysiological and neural activation patterns were found between the DID patients and both high and low fantasy prone controls. That is, the identity states in DID were not convincingly enacted by DID simulating controls. Thus, important differences regarding regional cerebral bloodflow and psychophysiological responses for different types of identity states in patients with DID were upheld after controlling for DID simulation.

Conclusions/Significance

The findings are at odds with the idea that differences among different types of dissociative identity states in DID can be explained by high fantasy proneness, motivated role-enactment, and suggestion. They indicate that DID does not have a sociocultural (e.g., iatrogenic) origin
http://www.plosone.org/article/info:doi/10.1371/journal.pone.0039279

Psychobiological characteristics of dissociative identity disorder: a symptom provocation study. Reinders AA, Nijenhuis ER, Quak J, Korf J, Haaksma J, Paans AM, Willemsen AT, den Boer JA. Biol Psychiatry. 2006 Oct 1;60(7):730-40.

Abstract
BACKGROUND:
Dissociative identity disorder (DID) patients function as two or more identities or dissociative identity states (DIS), categorized as ‘neutral identity states’ (NIS) and ‘traumatic identity states’ (TIS). NIS inhibit access to traumatic memories thereby enabling daily life functioning. TIS have access and responses to these memories. We tested whether these DIS show different psychobiological reactions to trauma-related memory.

METHODS:
A symptom provocation paradigm with 11 DID patients was used in a two-by-two factorial design setting. Both NIS and TIS were exposed to a neutral and a trauma-related memory script. Three psychobiological parameters were tested: subjective ratings (emotional and sensori-motor), cardiovascular responses (heart rate, blood pressure, heart rate variability) and regional cerebral blood flow as determined with H(2)(15)O positron emission tomography.

RESULTS:
Psychobiological differences were found for the different DIS. Subjective and cardiovascular reactions revealed significant main and interactions effects. Regional cerebral blood flow data revealed different neural networks to be associated with different processing of the neutral and trauma-related memory script by NIS and TIS.

CONCLUSIONS:
Patients with DID encompass at least two different DIS. These identities involve different subjective reactions, cardiovascular responses and cerebral activation patterns to a trauma-related memory script.
http://www.ncbi.nlm.nih.gov/pubmed/17008145

One Brain, Two Selves.  Reinders AA, Nijenhuis ER, Paans AM, Korf J, Willemsen AT, den Boer JA. Neuroimage. 2003 Dec;20(4):2119-25.

ABSTRACT:  Having a sense of self is an explicit and high-level functional specialization of the human brain. The anatomical localization of self-awareness and the brain mechanisms involved in consciousness were investigated by functional neuroimaging different emotional mental states of core consciousness in patients with Multiple Personality Disorder (i.e., Dissociative Identity Disorder (DID)). We demonstrate specific changes in localized brain activity consistent with their ability to generate at least two distinct mental states of self-awareness, each with its own access to autobiographical trauma-related memory. Our findings reveal the existence of different regional cerebral blood flow patterns for different senses of self. We present evidence for the medial prefrontal cortex (MPFC) and the posterior associative cortices to have an integral role in conscious experience.
http://www.ncbi.nlm.nih.gov/pubmed/14683715

Paedophiles behind a face of respectability
By Tracey Spicer The Daily Telegraph September 21, 2009
A PAEDOPHILE lives in Sydney’s East Ryde. He doesn’t have a facial tic or a stutter. He doesn’t look like the sex offender from central casting. And his name is not Dennis Ferguson.

He is one of tens of thousands of paedophiles, living in the suburbs, who don’t walk around with big signs on their foreheads.

In about 90 per cent of child sex abuse cases, the perpetrator is a family member or friend, not some rock spider who abducts kids in the street.

“Offenders look like everybody else,” Carol Ronken from Bravehearts, a support group for child sex victims, said….
http://www.news.com.au/opinion/paedophiles-behind-face-of-respectability/story-e6frfs99-1225777275022

Restitution for Child Victims Returns to the Supreme Court, More boys sexually abused at M’sian orphanage: NGO

November 28, 2012 Comments Off on Restitution for Child Victims Returns to the Supreme Court, More boys sexually abused at M’sian orphanage: NGO

Restitution for Child Victims Returns to the Supreme Court  
By James R. Marsh on November 27, 2012

Today, the Marsh Law Firm, along with co-counsel Paul G. Cassell and Carol L. Hepburn, filed a petition for a writ of certiorari in the United States Supreme Court.

Almost 20 years ago, Congress enacted the Mandatory Restitution for Sexual Exploitation of Children Statute, 18 U.S.C. § 2259, to benefit victims of federal child pornography crimes, including petitioners like Amy and Vicky, whose child sex abuse images are traded and collected over the internet by countless individuals worldwide….

The question presented in this cert petition is whether the Mandatory Restitution for Sexual Exploitation of Children Statute, 18 U.S.C. § 2259, excuses a defendant from paying restitution for the itemized loss categories unless there is proof that the victim’s losses were the proximate result of an individual defendant’s child pornography crime.

The Supreme Court is expected to decide whether or not to grant this petition early next year. If the Court decides to hear the case, oral arguments and a decision are likely this term which ends on October 1, 2013.

http://www.childlaw.us/2012/11/restitution-for-child-victims-.html

More boys sexually abused at M’sian orphanage: NGO
Asia News Network By R.S.N. Murali in Malacca/The Star | Asia News Network – Fri, Nov 23, 2012

Malacca (The Star/ANN) – An NGO has claimed that more underage boys are being sexually abused at a government home for boys in Durian Daun in the Malaysian state of Malacca.

Three boys, aged 13 and 14, lodged police reports on Nov 12 at the state police headquarters in Malacca, Malaysian Welfare and Social Organisation (Perbak) president Muhammad Khairul Hafiz claimed….
http://sg.news.yahoo.com/more-boys-sexually-abused-msian-orphanage-ngo-090002503.html

Landmark Children’s Rights Case Now Before the Fifth Circuit

April 27, 2012 Comments Off on Landmark Children’s Rights Case Now Before the Fifth Circuit

Landmark Children’s Rights Case Now Before the Fifth Circuit

By James R. Marsh on April 25, 2012

During the past two years, victims of child pornography (represented by the Marsh Law Firm and pioneering attorneys Paul G. Cassell and Carol L. Hepburn) have been seeking restitution in federal courts throughout the country.

Almost twenty years ago Congress, led by then-Senator Joe Biden, passed a law as part of the Violence Against Women Act which requires federal district courts to award mandatory restitution to child pornography victims for the “full amount of the victim’s losses.” 18 U.S.C. § 2259(B)(3). Among the losses covered by the statute are psychiatric care, lost income, and occupational therapy.

Recently this issue has come to a head in the Fifth Circuit Court of Appeals in two cases, In re Amy Unknown, No. 09-41238, and United States v. Wright, No. 09-3125.

The Fifth Circuit has scheduled a rare rehearing en banc before 16 judges in these two cases on Thursday, May 3, 2012 in New Orleans.

Amy will argue that the Fifth Circuit should not read a general proximate cause requirement into the statute. At least four judges on the Court agree with her.

Both the Government and the defendants in these two consolidated cases believe that proximate cause is required and limits the availability and amount of restitution.

A decision in the case is expected by the end of the year.

For more information on this issue, visit http://www.childlaw.us/restitution/

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