Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings on August 5, 2009, before Chief U.S. District Judge Richard F. Cebull, DANIEL SCOTT MICHAELIS, a 23-year-old resident of Billings, pled guilty to violation of record keeping requirements. Sentencing is set for September 11, 2009. He is currently detained.

In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:

In May of 2007, the U.S. Immigration and Customs Enforcement received information that MICHAELIS, then age 22, had produced a videotape of himself engaged in sexual activity with his then-girlfriend, who was 16 at the time. The tape was made in November or December of 2006. The tape, labeled "Daniel's Movie XXX" and the video camera used to produce the tape, were seized by the Billings Police Department. Both items traveled in interstate commerce to arrive in Montana where they were used to produce the images. MICHAELIS did not create and maintain individually identifiable records pertaining to every person portrayed in the videotape.

When questioned, MICHAELIS admitted that he had made the videotape. No such records have been found that are required under 18 U.S.C. � 2257.

MICHAELIS faces possible penalties of 5 years in prison, a $250,000 fine and 3 years supervised release.

The investigation was a cooperative effort between 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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