FOR IMMEDIATE RELEASE	CONTACT: Lauren Horwood
May 1, 2012	PHONE: (916) 554-2706
www.usdoj.gov/usao/cae	usacae.edcapress@usdoj.gov
Docket #: 2:07-cr-425-KJM

            SACRAMENTO, Calif. — United States Attorney Benjamin B. Wagner announced that James E. Johnston, 70, of Sacramento, was convicted today of five counts of child exploitation crimes: conspiring to produce child pornography, two counts of receiving child pornography, possession of child pornography, and traveling in foreign commerce with the intent to engage in illicit sexual conduct. The guilty verdict was returned today by a federal jury in Sacramento after a five-day trial before United States District Judge Kimberly J. Mueller.

            According to testimony presented at trial, in February 2006, Johnston used his credit card to purchase a 20-day subscription to a website offering images and videos of child pornography to its customers. This website informed its customers that its content was illegal, and instructed them to say that if they were contacted by law enforcement regarding their purchase, to say that their credit card had been stolen. This defense was offered by Johnston during trial. During the time of his subscription, Johnston downloaded approximately 300 videos of child pornography, some of which showed scenes of infants and toddlers being sexually molested.

            Shortly thereafter, according to evidence presented at trial, Johnston began an online relationship through Yahoo Messenger with a woman identifying herself as Kim Lacson from Manila, Philippines. During the course of this relationship, Johnston engaged in extensive discussion about acquiring photographs of underage women that he would like to have sex with, and his future plans to travel to the Philippines in order to have sex with minors.

            On August 12, 2006, Johnston told Ms. Lacson that he would be arriving in Manila on September 14, 2006, and staying at the Mandarin Oriental. He then went on to instruct Ms. Lacson that on September 15, 2006, she should “bring [him] young girls two of them,” and asked her to send pictures of “young ones for [him] to pick from.”

            Federal Aviation Administration (FAA) flight records confirmed that Johnston left San Francisco for Hong Kong on August 30, 2006. Testimony from a defense witness showed that as part of this trip, Johnston had made plans to fly to the Philippines. Those plans changed after Department of Homeland Security agents executed a search warrant at Johnston’s residence on September 6, 2006, looking for evidence of his illegal purchase of child pornography in February.

            This case is the product of an extensive investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorneys Kyle Reardon and Todd Leras are prosecuting the case. Computer forensic assistance was also provided by the California Department of Justice.

            U.S. Attorney Wagner stated: “This defendant went to great lengths to prey on vulnerable children. Despite a mountain of evidence against him, he denied it all. The jury saw the truth and convicted him on all charges. Those who commit similar crimes should expect to be prosecuted too.”

            “This verdict should serve as a sobering warning for those who mistakenly believe they can evade justice by sexually exploiting children outside this country,” said Daniel Lane, assistant special agent in charge for ICE Homeland Security Investigations in Sacramento. “There can be no place for the abuse of foreign children by our citizens.  Homeland Security Investigations will seek to vindicate the rights of those victims no matter how destitute they are or how far they live from our shores.”

            Johnston was immediately taken into custody following his conviction. He is scheduled to be sentenced by Judge Mueller on July 18, 2012, at 9:00 a.m. He faces a sentence of 15 years to life in prison and a $250,00 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

            This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS) in the Justice Department’s Criminal Division, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov or call the U.S. Attorney’s Office for the Eastern District of California and ask to speak with the PSC coordinator.

####

 

Return to Top