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Justice News

Department of Justice
U.S. Attorney’s Office
District of South Dakota

FOR IMMEDIATE RELEASE
Friday, December 11, 2020

Convicted Embezzler Charged with Illegal Sexual Conduct and Possession of Child Pornography

United States Attorney Ron Parsons announced that Marcin Stanislaw Garbacz of Rapid City, South Dakota, who was convicted in March of 2020 on 65 counts of wire fraud, money laundering, transfer of stolen money, and filing false tax returns, has now been charged in federal district court with Engaging in Illicit Sexual Conduct in a Foreign Place and Possession of Child Pornography.  

Garbacz, age 41, was charged on February 19, 2020, in a sealed indictment.  He appeared before U.S. Magistrate Judge Daneta Wollmann on November 24, 2020, and pleaded not guilty to the new charges. 

The maximum federal prison time upon conviction for Engaging in Illicit Sexual Conduct in a Foreign Place is 30 years, and the maximum federal prison time upon conviction of Possession of Child Pornography is 10 years. Both charges also include a penalty of a potential $250,000 fine, a mandatory minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.  

The charges relate to Garbacz, while traveling in Poland, video recording an unclothed minor.  Additionally, Garbacz possessed child pornography on an electronic device.

The charges are merely an accusation and Garbacz is presumed innocent until and unless proven guilty. 

The investigation is being conducted by Federal Bureau of Investigation. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.

Garbacz was sentenced on November 23, 2020, to 7 years and 9 months in custody on the previous charges.

Garbacz was detained pending trial. 

Topic(s): 
Project Safe Childhood
Component(s): 
Updated December 11, 2020