News and Press Releases

andrew Jacob Polaschek Pleads Guilty in U.S. Federal Cour

Wednesday, January 21, 2009

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings on January 21, 2009, before Senior U.S. District Judge Jack D. Shanstrom, ANDREW JACOB POLASCHEK, a 24-year-old resident of Billings, pled guilty to receipt of child pornography. Sentencing will be set at a later date. He is currently released on special conditions.

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.

POLASCHEK faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 20 years, a $250,000 fine and lifetime supervision.

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.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.



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