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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

FOR IMMEDIATE RELEASE
Tuesday, May 23, 2017

Delevan Man Arrested On Child Pornography Charges

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that John Cutler, 34, of Delevan, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, in August 2014, the New York State Police received an allegation from an 11-year-old female (minor victim) that Cutler had engaged in sexual contact with her. In November 2014, the defendant was convicted on state charges of endangering the welfare of a child and criminal sexual act in the second degree and sentenced to six months in prison and 10 years of probation. Cutler was also ordered to register as a sex offender.

As part of the defendant’s probation, he was mandated to maintain contact with the Cattaraugus County Probation Department and was prohibited from possessing devices that are capable of connecting to the Internet. On July 9, 2016, probation officials conducted a polygraph examination of Cutler. During questioning prior to administration of the polygraph examination, the defendant confirmed that he performed oral sex on the minor victim, the conduct he was convicted of in November 2014. The complaint also alleges that Cutler made incriminating statements regarding his internet activity and sexual contact with minors.  

A forensic examination of Cutler’s laptop computer recovered a large volume of images and videos depicting children engaged in sexual activity.

The defendant made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on May 26, 2017.

If anyone has any information regarding the defendant, please contact the FBI at 716-856-7800. (photo attached)

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Cattaraugus County Sheriff’s Department, under the direction of Sheriff Timothy Whitcomb.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

Updated May 23, 2017