MT. WASHINGTON MAN PLEADS GUILTY TO ATTEMPTING TO ENTICE A MINOR OVER THE INTERNET TO PRODUCE CHILD PORNOGRAPHY, RECEIVING, POSSESSING, AND ATTEMPTING TO PRODUCE CHILD PORNOGRAPHY
– Potter has prior federal child pornography conviction from 1999

LOUISVILLE, KY - Michael Thomas Potter, Jr., age 40, of Mt. Washington, Kentucky, in Bullitt County, pled guilty to a five-count felony Information charging him with violating federal child exploitation laws, U.S. Attorney David L. Huber announced today. Potter also agreed to forfeit cameras, computer equipment, and other computer-related items. Potter had been previously arrested on a criminal complaint filed in U.S. District Court in Louisville.

United States Attorney David L. Huber praised the efforts of the Mt. Washington Police Department and Federal Bureau of Investigation for their effective response to these very serious offenses. Huber said, “It is only through the joint cooperation of federal and state law enforcement can we protect our young people. Fifty-four percent of our child Internet cases originate from state and local police.” The Mt. Washington Police Department initiated the investigation and the FBI provided significant computer forensic assistance in the development of the case. Assistant United States Attorney Jo E. Lawless is prosecuting the case. The United States Attorney’s Office has worked closely with the Bullitt County Commonwealth Attorney’s Office throughout the investigation and prosecution of the case.

The FBI Affidavit

According to the affidavit of an FBI Special Agent filed in federal court, a minor female (“minor”), living in Mount Washington met and began communicating with a person on MySpace. The minor communicated with a person identified as “Tasha Thomas,” who reported that she was a 14-year-old female. During the on-line communications, “Tasha” described engaging in sexual acts with her father and three other girls. Additionally, “Tasha” sent the minor a photograph of an underage girl, claiming that it was “Tasha.” The photograph showed a teenaged girl sitting on a stool next to a table and nude from the waist up, wearing a denim mini skirt and white panties, which revealed her genital area.

“Tasha” invited the minor to meet her, engage in sexual conduct, and have her father photograph the activity. “Tasha” also asked the minor if she would be willing to engage in sexual activity with her father. During the communications, “Tasha” gave the minor her address in Mt. Washington on Treva Court. The minor’s father became aware of the on-line communications and contacted the Mount Washington Police. With the permission of the minor’s father, a police officer assumed the minor’s identity and engaged in on-line communications with “Tasha” on May 18, 2007.

A review of the Kentucky State Police Sex Offender Registry revealed that a registered sex offender lived at the address. A comparison of the sex offender’s photograph with photographs contained on “Tasha’s” MySpace page confirmed that it was the same person as Michael Thomas Potter, Jr. Records for the United States District Court for the Western District of Kentucky reveal that a Judgment was entered on March 29, 1999, regarding Potter. The Judgment indicates that on December 14, 1998, Potter pled guilty to six counts of interstate transportation by computer of visual depictions involving the use of a minor engaging in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(2). The district court imposed a sentence of 27 months’ imprisonment followed by three years of supervised release for the 1999 conviction.

During the course of the on-line communications, the undercover officer agreed to meet “Tasha” at a nearby convenience store / gas station where Potter was arrested by the Mt. Washington Police on state charges.

Mount Washington Police executed a search warrant on Potter’s residence where they seized a Dell Computer, eight photographs, photographs of two unknown females, a camera, computer diskettes and other equipment. Law enforcement officials reviewed several of the computer diskettes. The diskettes contained images (both still and in video format) of minors engaging in sexually explicit conduct. One disk contained approximately 223 still images, many of which involved child pornography. Additionally, two diskettes contained multiple video files depicting child pornography. Later examination of Potter’s computer revealed the presence of numerous images of child pornography. Examination of the meta data from several images reveals that the images were acquired from the Internet in May 2007. Under federal law, child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct. Sexually explicit conduct includes (a) actual or simulated sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (b) bestiality; (c); masturbation; (d) sadistic or masochistic abuse; or (e) lascivious exhibition of the genitals or pubic area of any person.

Potter faces a mandatory minimum term of imprisonment of 25 years. The maximum potential penalties include life imprisonment, a $1,000,000.00 fine, and supervised release for a period of at least 5 years and could include life.

Potter has been detained in federal custody since his initial appearance hearing held on November 15, 2007. The plea was entered before John G. Heyburn, Judge, United States District Court, Louisville, Kentucky. Potter is scheduled to be sentenced before Judge Heyburn on October 24, 2008, at 10:00 a.m., in Louisville, Kentucky.

This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

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