Obscenity Law Enforcement Update

1. In September 2004, the Justice Department conducted its third annual “Investigating and Prosecuting an Obscenity Case Symposium” to teach federal law enforcement agents and federal prosecutors how to investigate and prosecute obscenity cases.
   
   
2. In November 2004, Adult Video News Online reported that Congress approved the FBI’s request for ten new agents and almost $2 million to investigate obscenity and child sexual exploitation cases and allowed the Justice Department to add 17 new attorneys to prosecute these cases. According to “First Amendment” attorney Paul Cambria, the “adult industry” is facing the possibility of a “significant crackdown.” AVN Online also noted that Congress approved $150,000 to help fund Morality in Media’s www.obscenitycrimes.org website which provides citizens with a means online to report possible violations of Internet obscenity laws.
   
   
3. In February 2005, the Justice Department announced that it would appeal a ruling by a federal district court in Pittsburgh that for all practical purposes invalidated obscenity laws. In a Department Release, Attorney General Alberto Gonzalez said in part: “The Department remains strongly committed to the investigation and prosecution of obscenity cases.”
   
   
4. In March, the NY Daily News reported that six men, including reputed Gambino crime family members, pled guilty in Brooklyn, NY to federal criminal charges in a $650 million “ripoff” of pornographic website and phone sex customers. According to the article, the defendants will serve “significant time” in prison and forfeit more than $20 million in assets.
   
   
5. In March, the Justice Department also announced that a federal grand jury in Dallas, TX indicted Edward Wedelstedt and his wholly owned corporation, Goalie Entertainment Holdings, on “racketeering, obscenity and tax charges related to the operation of dozens of video arcades featuring pornographic materials.” According to the indictment, Wedelstedt, through Goalie, owns “pornographic bookstores” in 18 states and contracts with owners of other “pornographic bookstores” to provide arcade services in exchange for a percentage of the revenue.
   
   
6. In April, at a U.S. Attorneys Conference, Attorney General Gonzalez had this to say:

   “From street corners to websites, obscenity and child pornography rip at the heart of our moral values and too easily corrupt our communities…I intend to aggressively combat the purveyors of obscene materials…You’ve done a good job of prosecuting child pornographers and sexual predators – and we’ve significantly increased obscenity prosecutions…But we can go further…I want you to remember that this Department has an obligation to protect not only our children, but all citizens, from obscenity…I have directed Department officials to carefully review these and other federal laws to determine how we can further strengthen our hand in prosecuting obscenity. And I would like you to assess what methods you can use – or what tools you still need – to more effectively investigate and prosecute these crimes in your district…and report back to me through the Executive Office of U.S. Attorneys within 90 days.”

   
   
7. In May, the Justice Department announced it is establishing an Obscenity Prosecution Task Force that will be “dedicated exclusively to the investigation and prosecution of obscenity cases” and that will “work closely” with Bruce Taylor, the most experienced obscenity prosecutor in the Department. The Department Release continued:

   In addition to trial attorneys from the Child Exploitation and Obscenity Section…the Task Force will draw upon the expertise of…the Organized Crime and Racketeering Section…the Asset Forfeiture and Money Laundering Section…and the Computer Crime and Intellectual Property Section. The Task Force also will be supported by CEOS's High-Tech Investigative Unit, which consists of computer and forensic experts with knowledge of the Internet and other interactive computer systems… The Task Force will be dedicated to the investigation and prosecution of the distributors of hard-core pornography that meets the test for obscenity, as defined by the United States Supreme Court… The Justice Department is committed to respecting and protecting the First Amendment…However, the welfare of America’s families and children demands that we enforce the laws on the books and that is what the Task Force is designed to do… The specialized challenges that obscenity cases pose in the computer age require an equally specialized response. A coordinated Task Force of prosecutorial expertise is the best way to meet those challenges.

   
   
8. Many federal obscenity investigations are reportedly already underway.