Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on April 29, 2009, before Senior U.S. District Judge Jack D. Shanstrom, ANDREW JACOB POLASCHEK, a 24-year-old resident of Billings, appeared for sentencing. POLASCHEK was sentenced to a term of:

• Prison: 78 months

• Special Assessment: $100

• Forfeiture: computer equipment

• Supervised Release: 7 years

POLASCHEK was sentenced in connection with his guilty plea to receipt of child pornography.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

U.S. Immigration and Customs Enforcement (ICE) agents were investigating allegations of child pornography access by users utilizing the peer-to-peer file sharing network. One investigation involved a person in Billings who had child pornography available to share via a file sharing program beginning in August 2007. The computer IP address was tracked to a residence in Billings where agents executed a search warrant on December 5, 2007.

POLASCHEK was residing at the residence. He admitted to downloading child pornography to his computer. POLASCHEK stated that he had a problem with looking at child pornography and estimated he had downloaded approximately fifty (50) videos of child pornography but would keep only about three or four at a time on his computer because he knew he shouldn't be doing it. He indicated that he had a reoccurring problem with downloading and viewing child pornography. A forensic analysis of POLASCHEK'S computer revealed images and videos of child pornography.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that POLASCHEK will likely serve all of the time imposed by the court. In the federal system, POLASCHEK does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

Assistant U.S. Attorney Marcia K. Hurd prosecuted the case for the United States.

The investigation was a cooperative effort between the Federal Bureau of Investigation, the U.S. Immigration and Customs Enforcement, and the Billings Police Department.

This case was brought as part of Project Safe Childhood. In February 2006, the Department of Justice launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys' Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

 

 

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