LAS VEGAS - - The Federal Grand Jury indicted a Nevada lawyer today on charges that he received and possessed child pornography in Nevada and Maryland, announced Daniel G. Bogden, United States Attorney for the District of Nevada.

DAVID CLARK WHITTEMORE, age 51, of Las Vegas, is charged with two counts of receipt of child pornography and two counts of possession of child pornography. It is a violation of federal law to knowingly receive or possess child pornography that has been mailed, shipped or transported in interstate or foreign commerce by any means, including by computer. If convicted, WHITTEMORE faces a five-year mandatory minimum term of imprisonment and a $250,000 fine on the charge of receiving child pornography, and up to 10 years in prison and a $250,000 fine on the charge of possessing child pornography. If convicted, he must also forfeit all computer images, including movie files, depicting a minor engaging in sexually explicit conduct, and the diskettes and hard drives on which they are maintained.

The Indictment alleges that from a date unknown until April 15, 2005, DAVID CLARK WHITTEMORE knowingly received child pornography that was shipped in interstate commerce, including by computer, and that from a date unknown until April 14 and April 15, 2005, in the Federal Districts of Maryland and Nevada, respectively, he possessed materials that contained images of child pornography.

An arrest warrant was issued for the defendant, and an initial appearance hearing will be set before a United States Magistrate Judge following the defendant’s arrest or surrender.

“Prosecuting crimes against the exploitable is a top prosecution priority for the United States Attorney’s Office in the District of Nevada,” said U.S. Attorney Bogden. “Between January 1, 2002, and August 31, 2005, 118 defendants were charged in the District of Nevada with crimes ranging from receipt and possession of child pornography, interstate travel with intent to engage in a sexual act with a juvenile, and using a computer to entice a juvenile to have sex. Most of those charged have been convicted and sentenced to significant periods of imprisonment.”

This case is being investigated by the Nevada Internet Crimes Against Children (ICAC) Task Force. Its members include the Las Vegas Metropolitan Police Department and FBI. ICAC Task Forces are federally funded through the U.S. Department of Justice and are designed to help state and local law enforcement agencies develop an effective response to cyber enticement and child pornography cases. The case is being prosecuted by Assistant United States Attorney Nancy J. Koppe.

The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

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