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FOR IMMEDIATE RELEASE:

Monday - March 22, 2004

RALEIGH - Acting United States Attorney George E. B. Holding announced that BRIAN TOD SCHELLENBERGER was indicted by a federal grand jury sitting in Raleigh on January 22, 2004, for child pornography violations.

SCHELLENBERGER, 41, of Cary, N. C., was charged with four counts of sexual exploitation of children and one count of possession of child pornography. If convicted, he could face imprisonment, fines, supervised release, and forfeiture of property. (Penalty Sheet Attached.)

The (superseding) indictment alleges that from October, 2002, and continuing until August, 2003, SCHELLENBERGER "did employ, use, persuade, induce, entice and coerce" two minor children to engage in sexually explicit conduct for the purpose of producing images of child pornography.

SCHELLENBERG's arraignment is scheduled before Chief U. S. District Judge Terrence W. Boyle in Raleigh on Monday, March 29, 2004, at 9:00 a.m.

Investigation of the case was conducted by the Federal Bureau of Investigation, the Toronto (Canada) Police Department, and the Cary Police Department. Assistant U. S. Attorney Thomas B. Murphy is handling the case for the government.

An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

News releases are available on the U. S. Attorney's web page at www.usdoj.gov/usao/nce within 48 hours of release.

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