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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