Defendant Sentenced for Distributing Child Pornography and Destroying Evidence

EUGENE, Ore. – Timothy McCarty, 43, of Eugene, Oregon, was sentenced to 78 months in prison and 5 years of supervised release for distributing child pornography and destroying evidence.  His co-defendant, Donna Giovenco, 46, also of Eugene, Oregon, pleaded guilty to misprision of a felony for her role in the destruction of evidence.

According to the government’s sentencing memorandum, McCarty distributed child pornography to an undercover agent in Canada.   Homeland Security Investigations (HSI) began an investigation, and in an attempt to identify where McCarty was living, agents interviewed his co-defendant and former roommate, Giovenco.   During the interview, agents disclosed to Giovenco that McCarty was suspected of distributing child pornography.  Despite advising Giovenco to keep the investigation quiet, she promptly reached out to McCarty’s family and told them agents were looking for McCarty.

At Giovenco’s request, McCarty met with her to discuss the matter.   Prior to arriving at the meeting, McCarty was seen in surveillance video dumping a bag in the dumpster.   After the meeting, the video shows Giovenco driving McCarty to the dumpster were he retrieves the bag and smashes it.  They then drive off.   The bag contained McCarty’s hard drive, which was eventually buried in an unknown location and has not been recovered. 

During her change of plea, Giovenco admitted that she assisted McCarty with disposing of a hard drive believed to contain images of child pornography and other evidence of distribution of child pornography.

Sentencing for Giovenco is set for July 29, 2013 at 11:00 a.m. before Chief U.S. District Judge Ann Aiken.  The maximum sentence is three (3) years imprisonment, a fine of $250,000, one (1) year of supervised release, and a $100 fee assessment.

This investigation was conducted by the Department of Homeland Security, Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Amy E. Potter.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division’s

Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”