The National Strategy for Child Exploitation Prevention and Interdiction

The National Strategy for Child Exploitation Prevention and Interdiction The National Strategy for Child Exploitation Prevention and Interdiction

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ecoveries has increased. In 2006, 16 children were recovered while in 2009, 77 children weresuccessfully recovered through Operation Pickup.4. United States Attorney’s OfficesRecognizing that our nation faced an epidemic of technology-assisted child exploitation crimes,the Department launched Project Safe Childhood (PSC) in 2006. Through a network of federal,state and local law enforcement agencies and advocacy organizations, PSC coordinates efforts toprotect our children by investigating and prosecuting online sexual predators. PSC isimplemented through a partnership of U.S. Attorneys; the Child Exploitation and ObscenitySection of the Department’s Criminal Division; Internet Crimes Against Children task forces;federal partners, including the FBI, U.S. Postal Inspection Service, Immigration and CustomsEnforcement and the U.S. Marshals Service; non-governmental organizations such as theNational Center for Missing & Exploited Children (NCMEC); and state and local lawenforcement officials.Under PSC, the number of federal child exploitation prosecutions has increased significantly,along with the number of federal, state and local investigations and convictions, and more andmore victims are being identified. PSC’s education and awareness efforts complement this focuson enforcement. In FY 2009, the 93 U.S. Attorneys’ Offices filed 2,315 indictments against2,427 defendants, representing a 40 percent increase over FY 2006. A total of 2,877 victims ofchild pornography crimes have been identified and many rescued, 1,973 of them since the launchof PSC, through enhanced law enforcement coordination and the efforts of NCMEC.5. Criminal Division’s Child Exploitation and Obscenity Section (CEOS)The Justice Department’s Child Exploitation and Obscenity Section (“CEOS”), situated withinthe Department’s Criminal Division, consists of approximately twenty attorneys and a six-personHigh Technology Investigative Unit (“HTIU”). CEOS leads the Criminal Division’s campaignagainst the sexual exploitation of children, using its experience in investigating and prosecutingthe most challenging child sexual exploitation cases to shape domestic and international policy,launch nationwide investigations against the worst offenders, and provide guidance and trainingto other prosecutors and agents, both within and outside the federal government. CEOS is ableto leverage a small amount of resources into extraordinary results. For example, in the last threeyears CEOS has spearheaded 18 national operations that have resulted in the investigation ofover 2000 individuals. CEOS targets, among other crimes, (1) the production, advertising,distribution, receipt and possession of images depicting the sexual assault of children (childpornography); (2) the online inducement of children for sexually predatory purposes; (3) thetravel of offenders, or transportation of children by offenders, across state lines for sexuallypredatory purposes; (4) the sex trafficking of children, including the prostitution of children onour city streets; and (5) child sex tourism involving offenders who travel to foreign, oftenimpoverished countries to prey sexually on vulnerable children.Since FY 2001, the caseload of CEOS attorneys has increased every year, and has increasedcumulatively by over 1100 percent. At the end of FY 2009, CEOS’s Trial Attorneys, who alsohandle national policy, legislation, training and outreach, collectively had an active caseload of47

352 investigations and 162 charged cases. CEOS’s HTIU – consisting of a handful of computerforensic specialists – was instrumental in nearly every investigation and case, often discoveringkey evidence that meant the difference between the conviction or acquittal of a dangerous sexoffender, or conviction for a higher or more serious offense. The large number of cases andinvestigations generated results primarily from resources dedicated to national operations and thesignificant involvement of CEOS’ High Tech Investigative Unit in undertaking the forensicinvestigation necessary to identify the targets. This upward trend can be expected to continuebased on CEOS’ deep expertise, single-mission focus, along with its position as a headquartersunit—unrestricted by jurisdictional boundaries.CEOS’ nationwide focus also positions it to develop strategic partnerships outside of lawenforcement circles in order to expand the effectiveness of the Department’s overall enforcementefforts. CEOS again takes full advantage of this unique ability -- having developed criticalpartnerships with key Non-Governmental Organizations, foreign governments (through bilateraland multilateral efforts, and through international police organizations such as INTERPOL andEUROPOL) and foreign entities such as the G8, the Council of Europe, and the United NationsCrime Commission. CEOS also engages the private sector in order to find ways for technologycompanies to fight the trafficking of child pornography over the Internet.CEOS also has helped shape legislation in a number of ways. In some instances, CEOSattorneys drafted legislative proposals in order to make the laws more effective. In otherinstances, CEOS is also called upon to provide Congress with technical assistance concerningpending legislation. Coordinated through the Department’s Office of Legislative Affairs, CEOSattorneys will analyze and comment on pending legislation, or will meet with staffers forinformal briefings to share their expertise and perspective on a specific crime problem.Whenever new legislation is passed, CEOS then provides critical guidance to the field on how toimplement the new laws. This guidance takes many forms: formal memoranda, advice providedto prosecutors who call CEOS’ duty line, and sample indictments or briefs responding to defensechallenges to the new provision.CEOS also partners with all United States Attorney’s Offices, all federal law enforcementagencies, as well as foreign law enforcement, to operate nationally and trans-nationally targetingoffenders that almost invariably are unburdened by geographical boundaries. This affords CEOSa unique view of the global threat and provides a firm basis of knowledge with which to aid inthe development of a focused and coordinated response.Many prosecutors and agents find child sexual exploitation cases to be technically andemotionally challenging, if not something to avoid altogether. Thus, CEOS considers it a criticalpart of its mission to provide extensive guidance and training to AUSAs and agents who areworking these cases. This guidance, which takes the various forms described below, covers awide range of topics such as (1) developing and presenting computer forensic evidence at trial;(2) addressing recurring defense strategies, and handling well-known defense experts; (3) how toeffectively use the specialized statutes and Rules of Evidence that apply to child sexualexploitation cases; (4) the novel issue of victim restitution in non-contact child pornographycases; and many other topics. In just over a year, CEOS provided training more than 170 times48

352 investigations <strong>and</strong> 162 charged cases. CEOS’s HTIU – consisting of a h<strong>and</strong>ful of computer<strong>for</strong>ensic specialists – was instrumental in nearly every investigation <strong>and</strong> case, often discoveringkey evidence that meant the difference between the conviction or acquittal of a dangerous sexoffender, or conviction <strong>for</strong> a higher or more serious offense. <strong>The</strong> large number of cases <strong>and</strong>investigations generated results primarily from resources dedicated to national operations <strong>and</strong> thesignificant involvement of CEOS’ High Tech Investigative Unit in undertaking the <strong>for</strong>ensicinvestigation necessary to identify the targets. This upward trend can be expected to continuebased on CEOS’ deep expertise, single-mission focus, along with its position as a headquartersunit—unrestricted by jurisdictional boundaries.CEOS’ nationwide focus also positions it to develop strategic partnerships outside of lawen<strong>for</strong>cement circles in order to exp<strong>and</strong> the effectiveness of the Department’s overall en<strong>for</strong>cementef<strong>for</strong>ts. CEOS again takes full advantage of this unique ability -- having developed criticalpartnerships with key Non-Governmental Organizations, <strong>for</strong>eign governments (through bilateral<strong>and</strong> multilateral ef<strong>for</strong>ts, <strong>and</strong> through international police organizations such as INTERPOL <strong>and</strong>EUROPOL) <strong>and</strong> <strong>for</strong>eign entities such as the G8, the Council of Europe, <strong>and</strong> the United NationsCrime Commission. CEOS also engages the private sector in order to find ways <strong>for</strong> technologycompanies to fight the trafficking of child pornography over the Internet.CEOS also has helped shape legislation in a number of ways. In some instances, CEOSattorneys drafted legislative proposals in order to make the laws more effective. In otherinstances, CEOS is also called upon to provide Congress with technical assistance concerningpending legislation. Coordinated through the Department’s Office of Legislative Affairs, CEOSattorneys will analyze <strong>and</strong> comment on pending legislation, or will meet with staffers <strong>for</strong>in<strong>for</strong>mal briefings to share their expertise <strong>and</strong> perspective on a specific crime problem.Whenever new legislation is passed, CEOS then provides critical guidance to the field on how toimplement the new laws. This guidance takes many <strong>for</strong>ms: <strong>for</strong>mal memor<strong>and</strong>a, advice providedto prosecutors who call CEOS’ duty line, <strong>and</strong> sample indictments or briefs responding to defensechallenges to the new provision.CEOS also partners with all United States Attorney’s Offices, all federal law en<strong>for</strong>cementagencies, as well as <strong>for</strong>eign law en<strong>for</strong>cement, to operate nationally <strong>and</strong> trans-nationally targetingoffenders that almost invariably are unburdened by geographical boundaries. This af<strong>for</strong>ds CEOSa unique view of the global threat <strong>and</strong> provides a firm basis of knowledge with which to aid inthe development of a focused <strong>and</strong> coordinated response.Many prosecutors <strong>and</strong> agents find child sexual exploitation cases to be technically <strong>and</strong>emotionally challenging, if not something to avoid altogether. Thus, CEOS considers it a criticalpart of its mission to provide extensive guidance <strong>and</strong> training to AUSAs <strong>and</strong> agents who areworking these cases. This guidance, which takes the various <strong>for</strong>ms described below, covers awide range of topics such as (1) developing <strong>and</strong> presenting computer <strong>for</strong>ensic evidence at trial;(2) addressing recurring defense strategies, <strong>and</strong> h<strong>and</strong>ling well-known defense experts; (3) how toeffectively use the specialized statutes <strong>and</strong> Rules of Evidence that apply to child sexualexploitation cases; (4) the novel issue of victim restitution in non-contact child pornographycases; <strong>and</strong> many other topics. In just over a year, CEOS provided training more than 170 times48

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