02.14.10
Arizona ICAC Offender Apprehension Project
AZ ICAC Offender Apprehension Project:
Joint Effort Nets 12 Suspects: Citizen Internet Safety Training to Follow
Background
Over the past decade, the ubiquitous proliferation of computers connected to the Internet led to a skyrocketing number of Internet crimes against children. In the year 2008, the Arizona Internet Crimes Against Children (ICAC) Task Force recorded the following:
• 4,318 incidents involving unlawful images of the sexual exploitation of minors.
• 394 incidents of Internet crimes against children reported from the NCMEC Cybertip hotline.
• 228 cases of the Internet facilitated luring of minors for sexual exploitation.
• 27 reported incidents of Internet related child prostitution.
During eight days in December 2008, Arizona ICAC undercover investigators found that in one narrow avenue of the Internet, 8,170 unlawful images were traced to various locations in Arizona involving 77 different cities throughout the state.
Offender Apprehension Project
In the three months between December 2008 and February 2009, a joint task force of Arizona and Federal investigators conducted a series of proactive cybercrime enforcement operations targeting Internet criminals committing sex crimes against children; including the trafficking of unlawful images depicting the sexual exploitation of minors. The project was followed by an education effort geared towards Internet crime prevention and awareness.
Law Enforcement Agencies
Investigators affiliated with 13 law enforcement agencies partnered with the Arizona ICAC Task Force in a cooperative effort during this operation. Agencies participating included (alphabetically):
• Arizona Attorney General’s Office (education and training)
• Chandler PD – (investigation and enforcement)
• F.B.I. – (investigation and enforcement)
• Gilbert PD – (investigation and enforcement)
• I.C.E. – (investigation and enforcement)
• Maricopa County Attorney’s Office – (prosecution)
• Mesa PD – (investigation and enforcement)
• Phoenix PD – (investigation and enforcement)
• Scottsdale PD – (investigation and enforcement)
• Tempe PD – (investigation and enforcement)
• U. S. Postal Inspection Service – (investigations)
The Investigators’ Work
Trained investigators endured witnessing disturbing cyber images and videos depicting brutal sexual torture of actual children. They use sophisticated computer investigative techniques combined with undercover tactics to identify offenders. They conducted surveillance operations, requested subpoenas, and wrote and executed dozens of search warrants. They seized thousands of items of computer evidence. Detectives and special agents conducted computer forensics examinations to identify contraband images. They interrogated offenders and interviewed witnesses. They conducted exhaustive searches of dwellings and wrote voluminous reports on their activities.
The proactive investigators agreed to participate in this undercover operation in addition to their regular duties that involve responding to citizens’ complaints of Internet crimes against children. Although the investigations required hundreds of work hours, very little overtime was used. Through their proactive efforts investigators and special agents sought justice for thousands of children who could not call 911. Their fine efforts are greatly appreciated. Next, they will work closely with prosecutors to prepare for trials.
Cases pursued by local agencies under Arizona State Law have been submitted to the local County Attorney’s Office – in most cases this involved the Maricopa County Attorney’s Office. Cases pursued by federal agencies under the US Code have been submitted to US Attorney’s Office for the Arizona District. The justice system considers all suspects innocent until proven guilty in court.
The Offenders
All of the following suspects are presumed innocent until proven guilty in a court of law:
These suspects were arrested and charged with violating Arizona State laws regarding the sexual exploitation of minors (child pornography).
Donald Morici, age 79, from Gilbert Arizona – retired appliance repairman
Richard Leathers, age 49, from Phoenix Arizona – an embalmer/mortician
Ronald Good, age 39, from Tempe Arizona – a computer IT specialist
Sean Johnson, age 21, from Tempe Arizona – a college student
Christopher Youngs, age 59, from Quatar – a surveyor
Michael Carter, age 40, from Peoria Arizona – a plumber
Julio Ayala, age 21, from Scottsdale Arizona – a student
Two unnamed juveniles, both age 16 from Mesa and Tempe
Penalties
Unlawful images depicting the sexual exploitation of minors are described under Arizona State law in ARS 13-3553. It is a class 2 felony. In Arizona the mandatory minimum penalty for a single image crime is ten years in prison.
The luring and enticement of minors for sexual exploitation is described under Arizona State law in ARS 13-3554. It is a class 3 felony. In Arizona the mandatory minimum penalty for the crime is five years prison.
Training and Education
On March 6, 2009 at 10 a.m. Arizona Attorney General Terry Goddard, in cooperation with all of the agencies involved in the enforcement operation will host an Internet safety meeting for citizens at Orangedale Junior High Prep Academy in Phoenix. The Attorney General has been a statewide leader in bringing the message of Internet safety to children and adults and the meeting is expected to provide important information useful to business owners, parents and minors.
Organizations that can provide more information about Internet crime prevention:
• Arizona Attorney General: www.azag.gov
• Arizona Internet Crimes Against Children Task Force: www.azicac.org
• Enough is Enough: www.enough.org
• FBI: www.fbi.gov/innocent.htm
• Get Net Wise: www.getnetwise.org
• ICE: www.ice.gov/pi/childexploitation/index.htm
• ISafe: www.isafe.org
• National Association to Protect Children: www.protect.org
• National Center for Missing and Exploited Children’s Netsmartz Program: www.netsmartz.org
• Phoenix PD: www.phoenix.gov/POLICE/net_safe.html
• Scottsdale PD: www.scottsdaleaz.gov/assistance/fac/icac.asp
More Information
Arizona ICAC Task Force
The Arizona Internet Crimes Against Children (ICAC) Task Force efforts are partially funded by grants from the US Department of Justice, Office of Juvenile Justice and Delinquency Prevention. The ICAC program is a nationwide network of 59 state task forces representing 1,800 local and regionally affiliated agencies engaged in investigations, forensics examinations, prosecutions and community education. We are pleased to know that the recently announced Federal stimulus package provides a much needed $50 million dollar nationwide boost to the program. We hope to see some of those funds in Arizona.
Within Arizona, the ICAC Task Force is affiliated or partnered with 54 law enforcement and prosecutorial agencies statewide. Since 2000, Arizona detectives and special agents have conducted over 8,000 investigations resulting in the incarceration of hundreds of offenders.
Unlawful Images
Images depicting the sexual exploitation of minors are commonly called child pornography. The images and videos are contraband. The images that investigators found were not of babies in bathtubs. Some of the unlawful videos included acts of bestiality between minors and animals including the horrible audio sounds of human suffering. Detailed descriptions of the images will not be fully provided here.
Some people have a lingering ambivalence towards unlawful images depicting the sexual exploitation of minors. Some offenders say that they think that since the depicted sex act already occurred that possession of the image should not be a crime. This convoluted thinking was eloquently refuted by judges of the Arizona appellate court who said in a 2004 decision:
It is evident beyond the need for elaboration that a State’s interest in safeguarding the physical and psychological well-being of a minor is compelling.
The victimization of a child continues when that act is memorialized in an image. The materials produced are a permanent record of the children’s participation and the harm to the child is exacerbated by their circulation. Unfortunately, the victimization of the children involved does not end when the pornographer’s camera is put away.
The legislative judgment…is that the use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child.
The possession of child pornography drives that industry and…the production of child pornography will decrease if those who possess the product are punished equally with those who produce it.
The law will decrease the production of child pornography if it penalizes those who possess and view the product, thereby decreasing demand.
The possession of child pornography inflames the desires of child molesters, pedophiles and child pornographers. The State has more than a passing interest in forestalling the damage caused by child pornography: preventing harm to children is, without cavil, one of its most important interests.
Frequently Asked Questions
- What undercover tactics were used?
• We cannot release details of our tactics because investigations are still underway using the same undercover techniques. Those details will probably not be available until they come out at trial.
- Are the search warrant affidavits public records?
• The affidavits were sealed by the courts because the investigations using these same techniques are continuing.
- Was this an investigation into chat rooms and social networking sites?
• Many avenues of cyberspace, including but not limited to chat rooms and social networking sites were investigated during this project.
- Was this an investigation into P2P file sharing?
• Many avenues of cyberspace, including but not limited to P2P sources were investigated during this project.
- Where on the Internet were the suspects found?
• We cannot release that information because investigations are still pending using the same undercover tactics. Those details will not be available until trial.
- Was this an organized ring of people working together?
• At this time the evidence does not indicate that the offenders knew of each others activities.
- What training did the investigators have in order to work on these cases?
• The average investigator assigned to conduct these investigations has received over one hundred hours of specialized training specific to Internet crimes and/or computer forensics coursework.
- Are the images and videos available for viewing pursuant to a public records request?
• No – Images depicting the sexual exploitation of minors are contraband. Even in a courtroom setting, the prosecutors try to protect the gallery, the media and everyone but the judge, jury, defense and prosecution from seeing the images.
- Can citizens go on-line and volunteer to go undercover like they did on Dateline with Perverted
Justice?
• Citizen cyber-vigilantism is not supported by the agencies involved in this enforcement operation. To learn about the reasons why we advise against cyber-vigilantism see: www.kardasz.org/Cybervigilantes.html
- Can the media “ride along” and accompany the cyber crime investigators?
• Because child pornography is contraband, we do not permit anyone except those investigating or prosecuting the offenses to be exposed to the images.
• Media exposure of our undercover investigative tactics will make our jobs more difficult by making offenders aware of the techniques we use.
- What Internet safety tips can you provide to citizens about unlawful images?
• Homeowners: Pay attention to what is occurring on your home computer. Take responsibility for the control of your computer.
• Business owners: Watch what your employees are doing on their work computers. Law enforcement intervention can result in an embarrassing disruption of services to your customers.
• Parents: Monitor your child’s use of cell phone cameras. A troubling number of minors are using cell phone cameras to create felony images depicting the sexual exploitation of themselves and others. The images are then being shared throughout cyberspace and the images will never be retrieved.
- What Internet safety tips can you provide to citizens about luring/enticement?
• Parents: Closely monitor your child’s use of the computer and know who your child is contacting on line. Be aware that some children have multiple on line profiles. They may show one profile to their parents while keeping another secret profile that they use to communicate with friends and strangers.
• Also, while you are protecting your children at home, be aware that some children go to places where free Internet access is provided to communicate with others. Coffee shops, libraries and colleges offer free Internet service where young people may be communicating with predators.
- Were any “hands on” contact victims discovered as the result of these investigations?
• Not yet – We have encouraged the families and friends of the suspects to call us if they wish to report contact offenses. We know that victims are understandable reluctant to come forward for fear of embarrassment and because they do not wish to relive the abuse by subjecting themselves to the criminal justice system. We know from the scientific research conducted on the subject of unlawful images that a significant number of possessors are also contact offenders. We encourage victims to report abuse so that we can bring offenders to justice. Complicating our investigative endeavors is the fact that it is impossible for some of the victims, who are as young as infants, to notify the police. How can you call 911 when you are not yet old enough to count or to use a telephone?
- Are women ever arrested for Internet crimes against children?
• Sometimes, but 99% of the offenders in theses cases are men. During this investigation, no women were arrested.
- Who can we call to get an Internet safety and education program at my school or business?
• The Arizona Attorney General Community Services Program at 602-542-2123. Outside Maricopa County call 1-800-352-8431, or e-mail community services@azag.gov
- Where can I go on-line for more information?
• Arizona Attorney General: www.azag.gov
• Arizona Internet Crimes Against Children Task Force: www.azicac.org
• Enough is Enough: www.enough.org
• FBI: www.fbi.gov/innocent.htm
• Get Net Wise: www.getnetwise.org
• ICE: www.ice.gov/pi/childexploitation/index.htm
• ISafe: www.isafe.org
• National Association to Protect Children: www.protect.org
• National Center for Missing and Exploited Children’s Netsmartz Program: www.netsmartz.org
• Phoenix PD: www.phoenix.gov/POLICE/net_safe.html
• Scottsdale PD: www.scottsdaleaz.gov/assistance/fac/icac.asp
- What is the number to call to report Internet crimes against children?
• Local crimes can be reported through the telephone 911 service.
• The National Center for Missing and Exploited Children operates the Cybertip line where crimes can be reported on-line. The web site is: www.cybertipline.com
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