Assistant Medina County Public Defender, Sean C. O’Toole, was charged with receiving and distributing visual depictions of minors engaged in sexually explicit conduct, William J. Edwards, United States Attorney for the Northern District of Ohio, announced today.

The Indictment charges that from on or about January 16, 2009, through on or about May 13, 2009, in the Northern District of Ohio, Eastern Division, and elsewhere, O'Toole, did knowingly receive and distribute, using any means or facility of interstate or foreign commerce, numerous computer image and video files, which files contained visual depictions of real minors engaged in sexually explicit conduct, which computer image and video files were shipped and transported in or affecting interstate or foreign commerce, by any means including by computer.

The case was assigned to the Honorable Sara Lioi, United States District Court Judge.

The charge carries a penalty of up to twenty years imprisonment, with a minimum mandatory sentence of five years, up to lifetime supervised release, and up to a $250,000 fine. The actual sentence in this case will be determined by the Court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Northern District of Ohio Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Cleveland office of the Federal Bureau of Investigation.