July 16, 2004 – LAWFUEL – Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida; and Michael Clemens, Acting Special Agent in Charge, Federal Bureau of Investigation, announced today that a federal grand jury sitting in Miami returned a Superseding Indictment charging the defendant, Giovanni Felipe, a retired City of Miami firefighter who currently resides in the Orlando area, with various child pornography related charges. Count 1 of the Superseding Indictment charges Felipe with possession of child pornography, in violation of Title 18, United States Code, Section 2252A(a)(5)(B). Count 2 of the Superseding Indictment charges Felipe with conspiracy to distribute child pornography, in violation of Title 18, United States Code, Section 2252A(b)(1). Count 3 of the Superseding Indictment charges Felipe with receipt of images involving the sexual abuse of a minor, in violation of Title 18, United States Code, Section 2252(a)(2).

As set forth in the Superseding Indictment, Felipe is charged with possessing, receiving, and conspiring to distribute more than ten (10) images of child pornography, including numerous images involving children under the age of twelve (12) and images involving sadistic conduct or other depictions of violence. Thirty-five (35) images are specifically listed in the Superseding Indictment.

If convicted on the possession count, Felipe faces a maximum statutory term of five (5) years’ imprisonment and a maximum $250,000 fine. If convicted on the conspiracy and receipt counts, Felipe faces up to fifteen (15) years’ imprisonment and a maximum $250,000 fine per count. Trial is scheduled for the two week trial period beginning August 16, 2004.

Mr. Jiménez commended the investigative efforts of the Federal Bureau of Investigation, as well as the assistance provided by the National High Tech Crime Unit of England and Wales and New Scotland Yard The case is being prosecuted by Assistant United States Attorney Marie Villafa*a.