Brian Paul Cossey Pleads Guilty in U.S. Federal Cour
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula on October 6, 2009, before U.S. Magistrate Judge Jeremiah C. Lynch, BRIAN PAUL COSSEY, a 39-year-old resident of Kalispell, pled guilty to receipt of child pornography. Sentencing is set for January 22, 2010. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
Agents with U.S. Immigration and Customs Enforcement were investigating allegations of child pornography access by users utilizing the peer-to-peer file sharing network. ICE agents in Kalispell received a referral of an IP address which was tracked to COSSEY, who had files previously identified as containing child pornography available for download between February and April 2008.
Agents obtained and executed a search warrant for COSSEY'S residence in Kalispell where they seized two computers.
A forensic examination of the computers resulted in 19 files containing video clips of child pornography. The videos were found on both computers in allocated space in folders used by peer-to-peer clients. One of the files depicted an approximately 8-year-old girl with her hands duct-taped to her ankles while being raped by an adult male and then penetrated by foreign objects.
The forensic examiner also determined the operating system on the hard drives were installed on: October 8, 2002; March 8, 2006; and August 1, 2008.
During the search, COSSEY was interviewed and stated he had been downloading child pornography movies via the Internet "for awhile." COSSEY said he downloaded the child pornography movies for personal sexual gratification.
COSSEY 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.
The investigation was conducted by U.S. Immigration and Customs Enforcement.
A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.