Whitehall Man Charged with Child Pornography Offenses

ALBANY, NEW YORK – Kevin Smurphat, age 33, of Whitehall, New York, appeared in federal court yesterday on child pornography charges.

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

According to the indictment, Smurphat used the Internet to distribute, receive, transport and possess images and videos of child pornography. 

The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Smurphat appeared yesterday before United States Magistrate Judge Daniel J. Stewart and was ordered detained pending further proceedings.  If convicted, Smurphat faces a minimum 15 years and up to 40 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of at least 5 years and up to life.   A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. 

This case is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant U.S. Attorney Dustin C. Segovia as part of Project Safe Childhood. 

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.