Grand Jury Indicts Kenmore Man On Multiple Charges Of Production, Receipt And Possession Of Child Pornography, And Sexual Enticement Of A Minor

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 13-count indictment charging David Rubel, 38, of Kenmore, NY, with production, receipt, and possession of child pornography, sexual enticement of a minor, and transfer of obscene material to a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment and a previously filed complaint, a parent filed a report with the Town of Tonawanda Police Department, alleging that the defendant had been texting his daughter, who recently turned 16 years-old (Victim), and that some of the texts he observed were sexual in nature. The parent observed inappropriate images on his daughter’s cell phone within a text thread between the Victim and Rubel.

With the consent of the Victim’s father, a Town of Tonawanda Detective searched the cell phone and observed the text messages, some of which included sexual images. Investigators also searched the defendant’s cell phone and recovered sexual images, including two videos, that were also found on the Victim’s cell phone, within the string of text messages between Ruble and the Victim.

The defendant will be arraigned on the indictment on December 23, 2020, at 10:00 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy. 

The indictment is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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.