Articles Posted in White Collar Crimes

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60 year old pornographic filmmaker Ira Isaacs was sentenced on January 17, 2013 in the Central District of California for the Federal crime of producing and selling obscene videos and distributing obscene videos. Isaacs is known as a “shock porn” director and has routinely made videos depicting bestiality and sexual conduct involving feces. One such video was known as “Two Girls, One Cup” and involved a sexual encounter with two women eating human waste. Isaacs’ criminal defense attorney argued that despite the horrific nature of the videos that they are protected speech under the First Amendment of the United States Constitution. This argument fell on deaf ears when a federal jury convicted Isaacs on April 27, 2012 of a superseding indictment involving several counts. Pursuant to his sentencing Isaacs was ordered by Federal District Court Judge George H. King to serve 48 months in the Federal Bureau of Prisons, be subject to supervised release upon his release from prison for three years and pay a $10,000 fine. Isaacs was tried previously, both ending in mistrials. In 2008 his initial trial ended in mistrial when presiding Judge Alex Kozinski was forced to recuse himself after it was found that he possessed pornographic material on a personal website. Later, during a trial on March 6, 2012 a jury deadlocked at 10-2 resulting in a second mistrial.

As best as I can tell Isaacs was indicted for violations of 18 USC 1465 for Production and Transportation of Obscene Matters for Sale and Distribution, 18 USC 1462(a) for Importation or Transportation of Obscene Matters and lastly 18 USC 2257(f)(4) for failing to keep records of actors and actresses involved in his movies. The applicable language or gist of the statutes of which Isaacs was charged is as follows:

18 USC 1465- Whoever knowingly produces with an intent to distribute into interstate or foreign commerce for the purpose of sale or distribution, any obscene material, would be guilty of 18 USC 1465 and subject to a five year term in the bureau of prisons and a fine.

18 USC 1462(a)- Whoever brings into the US or uses an express company for carriage in interstate or foreign commerce any obscene, lewd or lascivious motion-picture film shall be subject to a five year term in the bureau of prisons and a fine.

18 USC 2257(f)(4)- It is unlawful for one to produce any motion picture as described in the preceding statutes without creating an individual and identifiable record pertaining to each performer in the motion picture. In essence this law is aimed at preventing minors from engaging in such movies.
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Clearwater Police Lieutenant Richard Crean is under investigation by the Clearwater, Florida police department for allegedly using a police database illegally. As the basis of the investigation, Lt. Crean is accused of using the database to obtain the personal information of a woman linked to Laura McLynas’ estranged husband James McLynas. Lt. Crean is said to have retrieved certain demographic information on Harwell in abuse of his police duties and turning that information over to Laura McLynas. Harwell claims the information has been used to harass her and entangle her in an ongoing, turbulent custody battle between James and Laura McLynas.

Oddly enough, from what I’ve read it appears the allegation is that Lt. Crean obtained no information of an overly sensitive nature. I understand the information allegedly gathered to be a name, address and date of birth; all things our good friends at Google likely could have provided. I don’t believe Lt. Crean, if charged with this crime is guilty of a heinous spill of sensitive information that could cause financial injury. If he did in fact obtain this information illegally, his actions wholly fly in the face of what “we the people” must have and deserve of our police officers, honesty and integrity. That’s not to say that if he did it he’s not an honest and good officer. The police are people too and people make mistakes. In his situation, if he did it, he will likely suffer a stiffer burden than most in that he would likely lose his career.

Florida Statute 815.06(1) is very likely the statute at issue in this allegation. This statute states in pertinent part,

“Whoever willfully, knowingly, and without authorization:

(a) Accesses or causes to be accessed any computer, computer system, or computer network…. commits a felony of the third degree.

I am unsure as to how the Police or State Attorney’s Office realized that Lt. Crean is allegedly responsible for this illegally obtained information. If he made an admission or Laura McLynas made a statement that he did it, he very likely will be charged. My previous paragraph mentioned damages to the victim. Damages, with respect to this charge, are completely irrelevant. This is very much a policy oriented law. With respect to police departments it almost has to be enforced if for nothing else but to send a message that police meddling won’t be tolerated.
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