DEFENDANT CONVICTED OF PRODUCING CHILD PORNOGRAPHY IN CUBA, IMPORTING IT INTO THE UNITED STATES, AND DISTRIBUTING CHILD PORNOGRAPHY ACROSS THE COUNTRY

Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida; James Belz, Postal Inspector in Charge, United States Postal Inspection Service; Jesus Torres, Special Agent in Charge, Immigration and Customs Enforcement (ICE); and Frances X. Taylor, Assistant Secretary of State for Diplomatic Security, announced today that on April 13, 2004, the Honorable United States District Judge Cecilia M. Altonaga convicted Angel Rafael Mariscal on all seven counts of a superseding indictment charging conspiracy to produce child pornography, in violation of 18 U.S.C. § 2251(d), which carries a ten year minimum mandatory sentence and a twenty year statutory maximum term of imprisonment; importation of child pornography into the United States, in violation of 18 U.S.C. § 2260, which carries a ten year statutory maximum term of imprisonment; distribution of child pornography, in violation of 18 U.S.C. § 2251(c)(1)(A), which carries a twenty year statutory maximum term of imprisonment; advertising child pornography, in violation of 18 U.S.C. § 2252A(a)(1), which carries a fifteen year statutory maximum term of imprisonment; and possession with intent to sell child pornography, in violation of 18 U.S.C. § 2252A(a)(4)(B), which carries a fifteen year statutory maximum term of imprisonment.

At trial, the government presented evidence that the defendant traveled repeatedly to Cuba and Ecuador, where he produced and manufactured child pornography. For at least seven years, the defendant videotaped himself sexually abusing minors, some under the age of 12. More than 100 victims were filmed exposing their genitals and/or engaging in sexual activity with the defendant and at least two adult female co-conspirators. With the assistance of the Diplomatic Security Service of the Department of State and the United States Interest Section in Havana, Cuba, the government was able to identify and obtain birth certificates from Cuban officials for some of the victims depicted in the videotapes. Co-conspirators were arrested in both Cuba and Ecuador.

The defendant videotaped the children using a camcorder, imported the camcorder tapes, and reproduced them onto CD-Roms or VHS tapes in Miami. The defendant distributed the CD-Roms and VHS tapes throughout the United States by mail or Federal Express. Mariscal would advertise these items by mail. In 2002, the child pornography sold for anywhere from $595.00 to $995.00 per item. Customers were also given the option of writing their own fantasy script. At trial, evidence was presented that at least 40 buyers were identified. A former firefighter, who was convicted in the Northern District of Florida for receiving child pornography, testified that he had purchased over $13,000.00 in child pornography from the defendant’s operation in one three month period. As a result of the defendant’s arrest, customers across the country were targeted in a national operation coordinated by the Postal Inspection Service and United States Department of Justice, Child Exploitation & Obscenity Section.

At the time of his arrest, the defendant was running his operation out of a hotel room in Miami Beach. Thousands of images of child pornography contained on videotapes, CD-Roms, and computer media were seized from the defendant’s hotel room at the time of the defendant’s arrest.
The defendant, Angel Rafael Mariscal, is an Ecuadorian citizen and was a lawful permanent resident of the United States who had applied for Naturalization just prior to his arrest in September of 2002. The Bureau of Immigration & Customs Enforcement was able to stop the defendant’s naturalization prior to his arrest based on the investigation.

On April 19, 2002, a Postal Inspector in Michigan executed a federal search warrant in a residence in search of child pornography. In the residence, law enforcement discovered an envelope containing child pornography and an order form for CD-ROMS, videotapes, and photo albums containing child pornography with an address of a private mail box in Miami. This information was forwarded to the Postal Inspection Service, Miami Division, and an investigation ensued, which ultimately led to the arrest of the defendant on September 13, 2002.

Mr. Jiménez commended the investigative efforts of the United States Postal Inspection Service; the Bureau of Immigration and Customs Enforcement; the Secretary of State for Diplomatic Security; the Head of the Law Enforcement Against Child Harm (LEACH) Task Force; and the Broward Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Barbara Martinez Wright and David Szuchman, Department of Justice, Trial Attorney, Child Exploitation and Obscenity Section.