WASHINGTON – A Cross Lanes, W. Va. man has been convicted of producing, receiving, and possessing child pornography, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Charles T. Miller of the Southern District of West Virginia announced today.

Following a five-day jury trial that began last Wednesday, David A. Hicks was found guilty on two counts of producing child pornography, two additional counts of possessing child pornography, and one count of receiving child pornography over the Internet. The trial was held in U.S. District Court in Charleston, W. Va. and U.S. District Court Judge Joseph R. Goodwin presided.

The evidence presented at trial demonstrated that Hicks, a father of two girls under the age of ten, frequently had his older daughter’s friends spend the night as guests. Five of these juveniles, girls between the ages of nine and 12, testified that Hicks frequently took photos of them while they were at the home, commented on his ability to see through their clothing, walked in on them while they were changing or bathing, watched and photographed them through the blinds of the home while they were swimming in his pool, and physically touched more than one of them inappropriately. Hicks stored photos of the girls on his computer in a special archive folder, including photos of his daughter’s friends either nude or partially nude. The two charges of production of child pornography were based on two photos taken in Hicks’s bathtub that depicted one of the girls in a sexually suggestive position.

Evidence at trial also revealed that Hicks was a trained computer expert who maintained a computer in his bedroom that had four separate hard drives. These hard drives contained thousands of images and movies of children engaged in sexually explicit conduct. The images on these hard drives were the basis of one of the possession charges. Investigators also testified that they seized several CDs from Hicks’ bedroom that contained similar images of prepubescent children engaged in sexually explicit conduct. Finally, forensic analysis of the computers and CDs revealed that Hicks searched for sexually explicit movie clips of children using a peer-to-peer file-sharing program, and then downloaded the movie clips to his computer. Hicks’s use of the Internet to download movie clips containing graphic images of prepubescent children engaged in sexually explicit conduct was the basis of the receipt charge.

Sentencing is currently set for April 19, 2007. Hicks faces a minimum sentence of 15 years and up to 30 years in prison for each of the two production charges, a minimum sentence of 5 years and up to 15 years in prison for the receipt charge, and up to 10 years in prison for each of the two possession charges. The judge also approved the forfeiture of the child pornography and related computer equipment seized during the investigation.

This case was investigated by Special Agents Mike Ritzman and Jack Remaly of the FBI. The forensic analysis was conducted by Melinda Cash of the FBI’s Computer Analysis Response Team. The case was prosecuted by Assistant U.S. Attorney Anna Forbes of the U.S. Attorney’s Office for the Southern District of West Virginia and Trial Attorney Steve Grocki of the Child Exploitation and Obscenity Section of the Criminal Division.

Texas law firm avoids court action by paying millions to settle potential malpractice claims over Enron advice

President Bush also called on members of the Senate to give his latest judicial nominees what he labeled a "fair hearing" and a "prompt up-or-down vote," saying that he and lawmakers have a shared obligation to ensure that vacancies in the federal courts are filled.

Gary B. Evans, 58, of Cocoa Beach, Fla., was sentenced today before Chief Judge Patricia C. Fawsett in U.S. District Court in Orlando. Evans was ordered to forfeit his interest in his house, various computers and electronic equipment, and two cashier’s checks totaling $24,000.

Evans was arrested on May 11, 2006, and indicted on May 23, 2006, on one count of conspiring to arrange the travel of an individual for the purpose of engaging in illicit sexual conduct and one count of arranging such travel. After Evans’ computers were seized and examined, agents discovered digital images of minors engaged in sexually explicit conduct. On August 9, 2006, a superseding indictment was returned which added one count of receiving child pornography and one count of possessing child pornography. Evans pleaded guilty on October 23, 2006, before Magistrate Judge David A. Baker to one count of conspiring to arrange for the travel of a person to engage in illicit sexual conduct – specifically, a commercial sex act with a person under 18 years of age.

According to the plea agreement, in August 2005, Evans contacted the operator of a Web site which purported to sell "sex tour" packages to overseas locations. According to the Web site, the tour price would include an under-age companion who would have sex with the traveler. Evans proposed a partnership with the operator of the Web site in which they would jointly operate tours to Honduras and Costa Rica, where clients would pay to have sex with minors. However, the Web site was actually part of an undercover investigation being conducted by FBI agents who are part of the Innocent Images task force based in Calverton, Md.

Starting in September 2005 and continuing for several months, undercover agents exchanged several emails, and had numerous online and phone conversations with Evans and his associate in Honduras. Ultimately, Evans agreed to arrange for two clients to travel to Honduras to engage in sex with two girls, ages 16 and 14 respectively. The ultimate price for the hotel, expenses and sex was $2,260, paid in three installments.

On May 6, 2006, undercover agents from the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) met three associates of Evans in Honduras. The three associates ultimately brought two girls, who appeared to be between the ages of 14 and 16, to the hotel. After briefly meeting the girls, the undercover agents told the associates that they had to return to the United States to attend to an emergency. At that point, the girls safely left the hotel.

As part of the plea agreement, Evans admits he possessed images of real children engaged in sexually explicit conduct. He also admits that the images depicted prepubescent children, and children engaged in sadistic or masochistic conduct. He further admits he possessed more than 150 images of child pornography. Finally, Evans admits that during the time of the offense, he engaged in a pattern of activity involving the sexual abuse and exploitation of minors.

This case is being investigated by ICE and the FBI. The Brevard County, Fla. Sheriff’s Office is also assisting. This case is being prosecuted by Assistant U.S. Attorney Vincent Citro of the Middle District of Florida and Trial Attorney Alexandra Gelber of the Child Exploitation and Obscenity Section of the Justice Department’s Criminal Division.

A Chelsea, Mass., woman pleaded guilty today in federal court to conspiring to engage in a child prostitution scheme, Assistant Attorney General Alice S. Fisher for the Criminal Division; United States Attorney Michael J. Sullivan for the District of Massachusetts; Sharon E. Ormsby, Acting Special Agent in Charge of the FBI in New England; Edward Davis, Commissioner of the Boston Police Department; and Colonel Mark Delaney, Superintendent of the Massachusetts State Police, announced today.

Evelyn Diaz, 22, pleaded guilty before U.S. District Judge Patti B. Saris to an indictment charging her with one count of conspiracy to engage in a child prostitution scheme, two counts of transportation of a minor to engage in prostitution, and three counts of sex trafficking of children. Diaz was arrested on Friday, July 7, 2006.

As part of the plea agreement, Diaz admitted that between approximately July 2003 and May 2005, she operated an escort service that advertised in multiple publications and websites, and sent individuals—including minors—on prostitution calls in and around Boston. Diaz primarily operated the business out of her home in Chelsea. In addition, Diaz at times traveled to other states for the purpose of having individuals—including minors—engage in commercial sex. Diaz kept all or part of the money obtained for the sex acts performed.

Diaz also admitted that in July of 2003, she transported Minor A and Minor B, ages 15 and 13 respectively, to New York City to engage in prostitution. Diaz arranged this meeting through her business, paid for the hotel, supplied condoms and received the money paid by the callers.

Judge Saris scheduled sentencing for April 27, 2007. Diaz faces a maximum sentence of five years in prison on the conspiracy charge; a mandatory minimum sentence of five years and a maximum of 30 years in prison on the transportation of a minor charges; a 40 year maximum sentence on two of the sex trafficking of children charges; and a maximum life sentence on the third sex trafficking charge.

A charge of conspiracy to engage in a child prostitution scheme is still pending against Diaz’s co-defendant, Victor Diaz, 23, of East Boston, Mass.

The case was investigated by the FBI, the Boston Police Department and the Massachusetts State Police. It is being prosecuted by Assistant U.S. Attorney Dana Gershengorn in Sullivan’s Major Crimes Unit, and Wendy Waldron, Trial Attorney for the Child Exploitation and Obscenity Section.

This case is part of the Innocence Lost Initiative, a cooperative effort to prevent and prosecute child prostitution between the FBI, the Criminal Division’s Child Exploitation and Obscenity Section and the National Center for Missing and Exploited Children.

Last week, Sacramento mother of three Jennifer Strange entered a radio contest on KDND to try to win a Wii console.  The contest involved drinking large amounts of water. Strange later died of water intoxication.

Sacramento attorney Roger Dreyer told Sacramento Bee, “There isn’t going to be a settlement. There’s going to be a venting in a public forum. That’s what we want, and that’s what the family wants.”

He said the radio station had been “pushing an irresponsible, ill-advised contest” and would be named in the suit alongside employees directly responsible for the promo. He added that Nintendo “might” be named but only if they played a part in the promo.

Although Nintendo has not issued a statement about the tragedy, it seems highly unlikely that the company would knowingly involve itself in such a bad stunt.

"Pfizer has created and contributed to the perception of Viagra as a safe, sexy, lifestyle, recreational drug, to be frequently used regardless of the degree, or even existence of" erectile dysfunction, the group said in draft legal documents.

Pfizer, the world's largest drug maker, said it was committed to appropriate Viagra use and urged men to see a doctor for a proper diagnosis. The drug is sold by prescription.

The AIDS Healthcare Foundation, in its legal arguments, pointed to several Viagra promotions from recent years, including a 2005 newspaper ad that featured a smiling man asking, "What are you doing on New Year's Eve?"

Another ad that ran near the 2006 Super Bowl urged men to "Be this Sunday's MVP" and ask their doctors about Viagra.

Pfizer's Viagra website asks readers, "Want to improve your sex life?" and says the drug can help men who have erection difficulties "once in a while."

Healthcare foundation president Michael Weinstein said the promotions made Viagra sound like a "party drug" that can make sex more pleasurable for healthy men -- a claim the Food and Drug Administration has not approved.

Men in the ads also look much younger than Pfizer's earlier Viagra pitchman, former Kansas Senator Bob Dole, who is now 83, he said.

"Bob Dole has been replaced by the hunky 40-something guy who looks like he can really have a good time," Weinstein said in an interview. "The message they are sending out is that any and every male should take it," he said.

Studies show evidence of recreational Viagra use among men who have sex with men, sometimes to overcome the erection-inhibiting effects of alcohol or street drugs such as ecstasy and crystal methamphetamine, the AIDS Healthcare Foundation said.

The group asked Pfizer repeatedly to alter its ads, Weinstein said.

In 2004, the FDA objected to a television commercial suggesting Viagra could return a man to the "wild thing" of his younger days. The FDA said the ad, showing a man sprouting devilish horns, made an unproven claim that men could regain a youthful level of sexual desire. Pfizer halted that campaign.

The AIDS Healthcare Foundation's lawsuit, to be filed in Los Angeles Superior Court, asks that Pfizer be prohibited from running similar messages and ordered to fund awareness ads about sexually transmitted disease risks and Viagra.

The suit also requests that Pfizer turn over profits gained from misleading ads and pay the AIDS Healthcare Foundation's costs of treating AIDS and other illnesses linked to Viagra use.

California-based AIDS Healthcare Foundation runs AIDS clinics in the United States, Africa, Latin America, the Caribbean, and Asia that provide medical care and services to more than 53,000 people even if they cannot pay.

Pfizer spokeswoman Shreya Prudlo said the company was not aware of the lawsuit. She said Pfizer "has always been committed to safe and appropriate use of Viagra" and that the drug's label and promotions stated "Viagra does not protect against sexually transmitted diseases, including HIV."

Sales of Viagra, known generically as sildenafil, reached $1.6 billion worldwide in 2005.