Michigan Man Charged with Cyberstalking and Attempted Sexual Exploitation of Minor Victims

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that James S. Allen, 36, of New Baltimore, Michigan, has been arrested and charged by criminal complaint with cyberstalking, trafficking in computer passwords, and making harassing telephone calls. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to complaint, between June 24, 2012 and August 14, 2012, the defendant utilized the Internet and text messages to communicate with at least 10 female victims in the Western District of New York, many of them minors, in an effort to obtain pornographic pictures of the minors. The complaint alleges that Allen would contact the victims and tell them that he found naked pictures of them on the Internet. The defendant then directed the victims to a specific website to view the pictures. In reality, the website was a front by which the defendant sought to surreptitiously obtain the victim’s private e-mail address and password—such a site is sometimes referred to by law enforcement as a “phishing” website.

Once the targeted victim input the requested information, the victim’s personal e-mail addresses and passwords went straight to the defendant via the Internet. The defendant thereafter seized control of the victim’s e-mail accounts, contacted the victims, and threatened that if they did not engage in a Skype video chat with him, he would distribute naked photos of the victims over the Internet. Once a victim and the defendant logged onto Skype (the defendant utilized the screen name “shhh.shhh”), Allen demanded that the victims take their clothes off and engage in sexual conduct, with the further threat that naked pictures of them would be sent out to all of Western New York if the girl did not comply. As a result of the defendant’s repeated and sustained harassment of the victims, many victims suffered substantial emotional distress.

The defendant was arrested this morning at his home in New Baltimore, Michigan. Allen will appear in federal court in Michigan for a detention hearing on September 17, 2012. Following those proceedings, an appearance will be scheduled in the Western District of New York.

“This case is another example of why it is imperative for parents to be vigilant in monitoring the computer usage of their children, and for any user of the Internet—including children—to be aware of some of the threats which exist online” said U.S. Attorney Hochul. “In general, do not provide personal identifying information over the Internet unless the website is already known to be trustworthy. Further tips regarding online safety can by be found by visiting www.netsmartz.org or www.fbi.gov/stats-services/publications/parent-guide. Finally, if you believe that you or someone you know may have had contact with the defendant, or a user on Skype with the screen name “shhh.shhh,” please call the U.S. Attorney’s Office at 1-800-320-0682 and leave a message with your contact information.”

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

The arrest is the culmination of an investigation on the part of special agents of the Federal Bureau of Investigation, under the direction of Christopher M. Piehota, Special Agent in Charge.

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.

Chicago Man Arrested for Internet Stalking

A 47-year-old Chicago man was arrested yesterday after being charged with sending threatening and harassing communications to a Hollywood based professional model with a large online following. The arrest was announced today by Robert D. Grant, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation (FBI), who was joined by Garry F. McCarthy, Superintendent of the Chicago Police Department (CPD) and Cook County Sheriff Thomas J. Dart in announcing the arrest.

LUIS F. PLASCENCIA, who resides at 5421 North Lovejoy in Chicago, was arrested at his residence yesterday morning, without incident, by members of the Chicago FBI’s Violent Crimes Task Force (VCTF). PLASCENCIA was charged in a criminal complaint field earlier this week in U.S. District Court in Los Angeles with one count of Interstate Stalking, which is a felony offense.

According to the complaint, beginning in March of this year and continuing until his arrest, PLASCENCIA is alleged to have stalked the female victim, sending her numerous threatening and harassing messages via e-mail and Facebook. Some of the messages indicated that PLASCENCIA possessed detailed personal information about the victim, including her home address and the address of several of her friends and family members. Many of the messages threatened the victim and her family with physical harm and personal embarrassment.

The messages came from numerous e-mail addresses and user names, which were eventually traced back to PLASCENCIA, either to a personal e-mail account at his residence or to public computer terminals in the Chicago Public Library system.

PLASCENCIA appeared before Magistrate Judge Young B. Kim in Chicago yesterday afternoon, at which time he was formally charged. He was ordered held without bond, pending his next court appearance, which is scheduled for June 29th in Chicago. Until then, PLASCENCIA will be held at the Metropolitan Correctional Center (MCC) in Chicago. If convicted of the charge filed against him, PLASCENCIA faces a possible sentence of up to five (5) years’ incarceration.

This case was investigated by the Los Angeles office of the FBI and the United States Attorney’s office for the Central District of California.

The Chicago FBI’s Violent Crimes Task Force (VCTF) is comprised of FBI special agents, detectives from the Chicago Police Department (CPD) and investigators from the Cook County Sheriff’s Office.

The public is reminded that a complaint is not evidence of guilt and that all defendants in a criminal case are presumed innocent until proven guilty in a court of law.

EDITOR’S NOTE: Additional copies of the criminal complaint filed in this case are available from the Los Angeles FBI’s press office.

Phoenix Man Indicted for Stalking a Woman in Maryland

BALTIMORE—A federal grand jury has indicted David Charles Richards, age 49, of Phoenix, Arizona today on charges of stalking a woman in Maryland.

The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation.

The indictment alleges that from December 2006 through November 2011, Richards has been using the Internet, telephone, electronic mail, and the U.S. mail to stalk a woman in Maryland, including threatening to kill the woman. According to court documents, Richards and the victim met and began dating when the victim was 15 and Richards was 25 years old. According to court documents, the relationship was troubled and at times physically abusive. Richards and the victim were married in July 1991 and lived in Anne Arundel County. Within 10 weeks of their marriage, Richards told the victim that he had been arrested for assault and the victim told Richards to leave the residence and that she was going to seek a divorce. According to court documents, Richards did not contest the proceedings.

According to court documents, after not having any contact with the victim for almost 15 years, in June 2006, Richards contacted the victim’s sister telling her that he will stay connected to the victim and he will never stop as, “he has reclaimed his wife as of today.” Beginning in July 2006, and during each subsequent year, the victim has sought and been granted protective orders forbidding Richards to contact her. On December 11, 2006, the victim discovered that a website had been created in her name, which included a countdown clock to the expiration of the protective order the victim had taken out against Richards and other threatening material. In December 2009, Richards allegedly tore up one of the protective orders that was served upon him and mailed the torn pieces to the victim’s home. Court documents also detail repeated threats that Richards has posted on websites directed at the victim, including threats as recently at November 2011. The indictment alleges that Richards threatened and harassed the victim over a period of five years through telephone messages, e-mails, packages sent through the U.S. mail, as well as through the posting of messages and recordings on websites Richards created in the name of the victim.

Richards faces a maximum sentence of five years in prison for stalking. An initial appearance was held this afternoon in U.S. District Court in Baltimore. Richards is detained.

An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

United States Attorney Rod J. Rosenstein praised the FBI agents in Baltimore and Phoenix for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Kristi N. O’Malley, who is prosecuting the case.

Kentucky Man Pleads Guilty to Federal Interstate Stalking Charge

HUNTINGTON, WV—Mark A. Smith, 38, of Newport, Kentucky, pleaded guilty on Friday before United States District Judge Robert C. Chambers to interstate stalking. On August 13, 2006, Smith traveled in interstate commerce from Ohio to Huntington, West Virginia with the intent to injure, harass, or intimidate his former wife. As a result of such travel, Smith placed his ex-wife in reasonable fear of death or serious bodily injury.

An investigation revealed that prior to traveling to Huntington, Smith placed a telephone call to his ex-wife in an attempt to locate her and the couple's child, both of whom were at her mother's Huntington residence at the time. A short time later, Smith arrived at the Huntington residence and pounded on the front door of the home in an attempt to gain entry. After refusing to leave the residence, Smith continued to pound on the front door, began breaking windows, and eventually got back into his vehicle and admitted to ramming his ex-wife's mother's vehicle that was located near the home's garage. Responding police officers arrived at the scene,and Smith then fled on foot. Smith was eventually apprehended by the West Virginia State Police and taken into custody.

Smith faces up to five years in prison and a $250,000 fine when he is sentenced on June 6, 2011.

This case was investigated by the Federal Bureau of Investigation, the Wayne County Sheriff's Department, the West Virginia State Police, and the Cabell County Sheriff's Department. Assistant United States Attorney Lisa Johnston is handling the prosecution.

Attorney General Holder Leads Stalking Awareness Event

Department Event Features Young Girl Who Worked to Change State Law to Prevent Stalking and Protect Victims

WASHINGTON – Attorney General Eric Holder, Associate Attorney General Tom Perrelli and Director of the Office on Violence Against Women (OVW) Susan B. Carbon today opened an event focused on the complexities and impact of stalking crimes. The program featured a panel of speakers who shared their involvement in one family’s experience as victims of stalking, and their work to investigate and identify stalking behavior, and make changes to a state law to protect victims.

The event, which commemorated National Stalking Awareness Month, welcomed an audience of victim advocates, law enforcement officials, prosecutors, congressional staffers, and representatives from national organizations and federal agencies.

"Commemorating National Stalking Awareness Month today allows the department to underscore our commitment and efforts to prevent violence against women, to empower victims, and to hold perpetrators accountable and bring them to justice," said Attorney General Holder. "By providing a model for how a potential tragedy can be turned into opportunity, today’s guests also inspire our efforts in meeting the goals and responsibilities that we share."

Today’s event, presented by OVW, focused on the story of a young girl, Hannah Perryman, who was stalked and faced a criminal justice system that was, at the time, ill-equipped to provide the assistance she needed. With extraordinary community collaboration, particularly from law enforcement, she was able to successfully persuade the Illinois General Assembly to pass new legislation on behalf of victims of stalking.

"Stalking is a crime that affects families, work colleagues, and entire communities," said Associate Attorney General Perrelli. "Therefore, when we help communities recognize stalking behavior as criminal and provide tools to help them deal with this crime, we support victims and take a step towards ending violence against women."

"Stalking, a complex and often dangerous crime, is sometimes difficult to recognize. Providing appropriate responses can also be challenging for communities that do not understand what stalking is," said Carbon, the Director of OVW. "This national observance of Stalking Awareness Month is intended to provide information about the crime and support to victims and to those who work to prevent and end behaviors associated with stalking."

In addition to Department officials, expert presenters included Rebecca Dreke, Senior Program Associate with the Stalking Resource Center of the National Center for Victims of Crime and Cindy Southworth, Director of Safety Net: the National Safe and Strategic Technology Project at the National Network to End Domestic Violence.

According to a report by the Office of Justice Program’s Bureau of Justice Statistics, during a 12-month period, an estimated 3.4 million persons age 18 or older were victims of stalking. The study measured behaviors such as unwanted phone calls, sending unsolicited or unwanted letters or e-mails, following or spying on the victim, showing up at places without a legitimate reason, waiting at places for the victim, leaving unwanted items, presents or flowers and posting information or spreading rumors about the victim on the Internet, in a public place, or by word of mouth. Additional findings included that approximately one in four stalking victims reported some form of cyberstalking such as e-mail (83 percent) and nearly three in four stalking victims knew the offender in some capacity.

Resources and information related to stalking awareness month are located on OVW’s website at www.ovw.usdoj.gov and the Stalking Resource Center’s National Stalking Awareness Month website at www.stalkingawarenessmonth.org.

OVW is a component of the Department of Justice. In recognition of the severity of the crimes associated with domestic violence, sexual assault and stalking, Congress passed the Violence Against Women Act in 1994 (VAWA) as part of the Violent Crime Control and Law Enforcement Act of 1994. Created in 1995, OVW administers financial and technical assistance to communities around the country to facilitate the creation of programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. Since its inception, OVW has awarded more than $4 billion in grants and cooperative agreements, and has launched a multifaceted approach to implementing VAWA. By forging state, local, federal and tribal partnerships among police, prosecutors, victim advocates, health care providers, and community leaders, OVW grant programs help provide victims with the protection and services they need to pursue safe and healthy lives, while simultaneously enabling communities to hold offenders accountable.