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Justice News

Department of Justice
U.S. Attorney’s Office
Eastern District of Virginia

FOR IMMEDIATE RELEASE
Tuesday, May 19, 2015

Hampton Man Pleads Guilty to Receiving Child Pornography and Obstructing Justice

He shared child pornography on a peer-to-peer network

NEWPORT NEWS, Va. – Edward David Herbert, III, 34, of Hampton, Virginia, pleaded guilty today to charges of Receiving Child Pornography and Obstruction of Justice - Concealing Evidence.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and John S. Adams, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after the plea was accepted by District Court Judge Arenda Wright Allen.

Herbert, III, was indicted by a federal grand jury on March 9, 2015, in an eleven count indictment. Herbert faces a maximum penalty of 40 years in prison when sentenced. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

In a statement of facts filed with the plea agreement, agents were able to determine that someone using a particular internet protocol address was sharing files.  That online activity was then linked to Herbert’s residence.  Agents executed a search warrant on Herbert’s home in Hampton, Virginia on December 4, 2014. However, Herbert had just moved to the Richmond, Virginia area and had taken his computer equipment with him.  Herbert’s wife, still at the home in Hampton gave the agents written consent to search the new residence in the Richmond area. The agents travelled to his new address and found that his computer equipment was no longer in the residence. Herbert had been alerted to the fact that the FBI was searching for his computer and gave his computer to a relative to hide.  In January 2015, that relative and their attorney turned the computer over to the FBI.  The hard drive contained more than 14,000 images of child pornography

This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Lisa R. McKeel is prosecuting the case on behalf of the United States.

A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:14cr68.
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Updated October 15, 2015