Kaysville Utah Man Facing Federal Charges for Possession of Child Pornography

Federal charges have been filed for a Kaysville, Utah man found to be in possession of a vast amount of child pornography.

Darknet downloads

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38 year old Daniel Walter Warner was arrested On October 25th after authorities tracked several child pornography files to a computer at Warner’s Kaysville, Utah home. Law enforcement served a warrant on Warner’s home and electronics and discovered 100 gigabytes of pornography depicting pornography involving children and infants. Warner, who is the father of four children and has volunteered in Utah’s foster care program, is facing federal charges of possession and distribution of child pornography.

Federal description of child pornography

The Unites States Department of Justice states: “Images of child pornography are not protected under the First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, Unites States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). “That section goes on to explain that “[n]otably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive.”

Internet = Federal

While each state has their own laws and punishments regarding child pornography, sometimes a person possessing child pornography will face federal charges. According to The Department of Justice,“{besides images that cross or are sent across state or international borders]. . . federal jurisdiction almost always applies when the Internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials, such as the computer [laptop, tablet, or phone] used to download the image . . . [or]store the image, originated or previously traveled in interstate or foreign commerce.”

Federal charges

With the technological advances of smart phones and tablets having the browsing and downloading capabilities of computers, it is likely many child pornography cases of could end up in federal court. For more information on state or federal charges, contact an experienced criminal defense attorney.

Death of Infants Leads to Arrest of Two Women For Trafficking Methamphetamine in Utah

Two south Idaho women were arrested for trafficking methamphetamine in Utah after drugs were located in a home where the death of two infants was being investigated.

Death investigation

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Two seven week old infant twin boys were found dead in a Twin Falls, Idaho home on October 12th, 2018. Upon investigating the deaths, police discovered methamphetamine when searching the home. Police determined the meth to linked to two females who were living at the residence but did not say if either one was related to the deceased newborns. It was also undetermined whether the drugs found had anything to do with the deaths of the infant boys.

Homicide or drugs?

In an effort to bring the two women in for questioning about the suspicious deaths, Twin Falls police put out interstate drug trafficking warrants for 28 year old Haley Miller and 32 year old Sylvia Tapia that Utah police mistakenly interpreted as homicide warrants. Miller and Tapia’s vehicle was stopped in a “high risk stop” on highway 89 near Perry, Utah and both women were arrested. Utah police later retracted statement made to the press regarding the homicide warrants, clarifying that the warrants were in fact for trafficking methamphetamine. Miller and Tapia were booked into the Box Elder County Jail to await extradition to Idaho Falls.

Trafficking methamphetamine

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Although both women were likely relieved to hear the homicide warrants were a mistake, the charges against them for trafficking methamphetamine are still severe. Utah Code 58-37-8 states, “. . . it is unlawful for any person to knowingly and intentionally:

(i) Produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, a controlled or counterfeit substance;
(ii) Distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled substance;
(iii) Possess a controlled or counterfeit substance with intent to distribute;”

That section goes on to note that “Any person convicted of [intent to distribute methamphetamine] . . is guilty of a second degree felony, punishable by imprisonment for not more than 15 years, and upon a second or subsequent conviction is guilty of a first degree felony;”

Federal charges

While each state including Idaho and Utah has their own laws regarding drug possession and distribution, when an individual crosses state lines to distribute the illicit drugs, federal charges for drug trafficking are possible and may carry harsher penalties than at a state level. According to page 30 of the Drugs of Abuse 2017 DEA Resource Guide 2017, federal trafficking penalties for methamphetamine, a schedule II drug are as follows:

• If the quantity is 5-49 grams pure or 50-499 grams mixture, the penalties would be:
o For a first offense: “Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
o Second offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.”

• If the quantity is 50 grams or more pure or 500 grams or more mixture, the penalties would be:
o For a first offense: “Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
o Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
o 2 or more prior offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.”

With the seriousness related to drug distribution, especially for those crimes that cross state lines, anyone facing federal charges of trafficking methamphetamine should counsel with a criminal defense attorney immediately.

California Couple Arrested in Utah for Forgery after Creating and using Counterfeit Bills

A California couple was arrested for forgery in southern Utah after police discovered the duo had been washing and reprinting money to create counterfeit bills.

Fraudulent spending

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46 year old Dean Anthony Fagas and 38 year old Crista Jeanette Avila, both of southern California were arrested after a grocery store located in St. George, Utah reported a woman to have been trying to use what appeared to be counterfeit money. Police located the woman nearby and found her to be in possession of multiple hundred dollar bills that were not what they seemed.

Clean cash

After inspecting the bills officers determined them to be counterfeit and upon investigating further, found that other fake bills had been used at various stores throughout the St. George area. The woman, Crista Jeanette Avila, told officers that her boyfriend who was waiting for her at a motel would wash one dollar bills then reprint them as hundred dollar bills. Then Avila would use the fake bills at stores, returning to the hotel with the real monies she received as change. Officers went to the hotel where they found Dean Anthony Fagas and the equipment used to make the counterfeit bills. Although Fagas originally denied his involvement in the fraud scheme, he eventually said he was aware of what was going on but put the blame solely on Avila. Avila and Fagas were both arrested for fraud as well as forgery.

Forgery

Utah Code 76-6-501 states, “a person is guilty of forgery if, with purpose to defraud anyone, or with knowledge that the person is facilitating a fraud to be perpetrated by anyone, the person:

(a) Alters any writing of another without his authority or utters the altered writing; or
(b) Makes, completes, executes, authenticates, issues, transfers, publishes, or utters any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication, or utterance. . .”
That section also defines “writing” to include “printing, electronic storage or transmission, or any other method or recording valuable information including forms such as:
(i) Checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any other symbols of value, right, privilege, or identification. . . “

Monetary forgery is a third degree felony, punishable by up to five years in prison and a fine of up to $5,000. Since currency is issued by the United States, counterfeiting currency can often end in federal charges as well. U.S. Code 18 USC 470 punishes counterfeiting currency with a fine and/or imprisonment of not more than 20 years.

Check for fake cash

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While those who create counterfeit money can face criminal charges for their actions, so can those who end up with the fake cash when they unknowingly spend the fraudulent bills. Since most counterfeit money is found in higher valued bills, anyone using 20, 50 or 100 dollar bills are encouraged to be aware of any abnormalities in the print and feel of the monies. They should also look for identifying watermarks as well as any embedded thread or security strip. While looking for any watermark or thread can be done quickly by holding a bill up to the light, it is important to note that scammers will often use actual low value currency to create higher value counterfeit bills. Checking a bill in the light for ANY watermark or thread is not enough to avoid fraudulent bills since a five dollar bill could be bleached and reprinted as a 100 dollar bill. To avoid accepting fake cash, it is imperative that those accepting large bills ensure the watermark matches the portrait or the monetary value of the bill they are getting. Anyone facing charges for unknowingly using counterfeit bills should consult an attorney immediately.