SAN FRANCISCO – LAWFUEL – US Legal Newswire – United States Attorney Scott N. Schools announced that three men have been charged with possessing child pornography in violation of Title 18, United States Code, Section 2252(a)(4)(B).
Mark Alfred First, 44, of Hollister, California, was charged by an information last Friday, September 28, 2007 with one count of possessing child pornography. According to the information, First possessed images of child pornography in January 2005 in violation of Title 18, United States Code, Section 2252(a)(4)(B). The information also seeks the forfeiture of a Hewlett Packard Pavilion computer on which First allegedly possessed the images. Mr. First is scheduled to make an initial appearance on October 11, 2007 at 9:30 a.m., before The Honorable Richard Seeborg, United States Magistrate Judge. First’s case is assigned to United States District Court Judge Jeremy Fogel (CR 07-00622 JF).
Kenneth Van Aalsburg, 59, of Santa Clara, California, was charged by an information on September 20, 2007 with one count of possessing child pornography and one count of criminal forfeiture. According to the information, Van Aalsburg possessed images of child pornography in March 2005 in violation of Title 18, United States Code, Section 2252(a)(4)(B). The information also seeks the forfeiture of three computers: 1) a Hewlett Packard computer; 2) a Sony Laptop computer; and 3) a Domino Brand Tower Computer. Van Aalsburg made an initial appearance on September 27, 2007 before The Honorable Patricia Trumbull, United States Magistrate Judge. At that appearance, Van Aalsburg was released on a $75,000 bond along with other conditions of pre-trial release. One of the conditions of release for Van Aalsburg, who owns a pilates studio in Los Altos, California, is that he have no unsupervised contact with anyone under the age of eighteen years old. Van Aalsburg’s case is assigned to United States District Court Judge James Ware (CR 07-00603 JW). Van Aalsburg is scheduled to make an initial appearance before Judge Ware on October 15, 2007 at 1:30 p.m.
On September 19, 2007, a federal grand jury in San Jose charged John Michael Nagy, 47, of Ben Lomond, California, with one count of possessing child pornography. According to the indictment, Nagy possessed images of child pornography in January 2005 in violation of Title 18, United States Code, Section 2252(a)(4)(B). Nagy’s case is assigned to United States District Court Judge Jeremy Fogel (CR 07-00597 JF).
The maximum statutory penalty for possession of child pornography under Section 2252(a)(4)(B) is ten years imprisonment and a fine of $ 250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
An indictment or information contains only allegations and, as with all defendants, First, Van Aalsburg and Nagy must be presumed innocent unless and until proven guilty.
Joseph Fazioli is the Assistant United States Attorney who is prosecuting the cases with the assistance of Legal Assistant Susan Kreider. These prosecutions are a result of an investigation by U.S. Immigration and Customs Enforcement (ICE).
Further Information:
A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.
Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov
Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov
