United States Attorney Benjamin B. Wagner
Eastern District of California
United States Attorney Announces Two More Child Pornography Indictments
|FOR IMMEDIATE RELEASE||
CONTACT: Lauren Horwood
December 21, 2011
PHONE: (916) 554-2706
SACRAMENTO, Calif. — United States Attorney Benjamin B. Wagner announced the arrests of two men charged with child pornography offenses by a federal grand jury last Thursday. The indictments were unsealed Wednesday following the arrests. This follows the announcement yesterday of the indictment and arrest of five defendants for child pornography offenses. The two additional defendants are:
Tonkin, 2:11-CR-536 WBS
Christopher J. Tonkin, 37, of Tracy, was charged with receipt and sharing of child pornography. The indictment alleges that between March 24, 2008 and February 11, 2011, Tonkin received visual depictions of minors engaged in sexually explicit conduct, and on January 13, 2011, he shared child pornography through a file-sharing website. According to court documents, among the files were images and movies with file names that described sex with 12- and 13-year-old boys.
If convicted of the charges, Tonkin faces a statutory penalty of no less than five years and up to 20 years in prison, a $250,000 fine, and a lifetime term of supervised release. Tonkin pleaded not guilty today at his arraignment before U.S. Magistrate Judge Kendall J. Newman. He was released on a $25,000 bond.
Montane-Darab, 2:11-CR-538 KJM
Eric Montane-Darab, 23, of Sacramento, was charged with distribution of obscene matter to a minor, receipt of child pornography, and coercion and enticement of a minor. The indictment alleges that between July 3 and July 4, 2010, Montane-Darab sent obscene material to a minor under the age of 16, and between December 14 and 19, 2010, he received child pornography. Finally, the indictment alleges that between November 28, 2010 and December 23, 2010, he coerced and enticed a minor to engage in sexual acts. Montane-Darab pleaded not guilty today at his arraignment before U.S. Magistrate Judge Kendall J. Newman. He was released on a $25,000 bond.
If convicted of receiving child pornography, Montane-Darab faces a statutory penalty of no less than five years and up to 20 years in prison, a $250,000 fine, and a lifetime term of supervised release. For the transfer of obscene material to a minor and coercion and enticement of a minor charges, he faces a maximum sentence of 10 years in prison and a $250,000 fine.
The actual sentences for both defendants, however, will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations and each defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
These cases are a product of extensive investigations by the Sacramento Internet Crimes Against Children (ICAC) Task Force; the California Department of Justice; and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Kyle Reardon is prosecuting the cases.
The Sacramento ICAC is a federally and state-funded task force managed by the Sacramento Sheriff’s Department made up of agents from federal, state, and local agencies. The purpose of the Sacramento ICAC is to investigate online child exploitation crimes, including child pornography, enticement, and sex trafficking.
This prosecution is part of the Department of Justice’s ongoing Project Safe Childhood initiative which was launched to increase federal prosecutions of sexual predators of children, and to reduce the number of Internet crimes against children including child pornography trafficking. As a part of PSC, the United States Attorney’s Office has teamed with state and local agencies and organizations to increase law enforcement presence on the Internet, and to educate the public about safe Internet use, thereby reducing the risk that children might fall prey to online sexual predators. For additional information on the PSC initiative, please go to www.projectsafechildhood.gov or call the United States Attorney’s Office for the Eastern District of California and ask to speak with the PSC coordinator.
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