Alejandro Arturo Scholz Sentenced in U.S. District Court
|U.S. Attorney’s Office December 02, 2010|
The United States Attorney's Office announced that during a federal court session in Missoula, on December 2, 2010, before U.S. District Judge Donald W. Molloy, ALEJANDRO ARTURO SCHOLZ, a 35-year-old resident of Helena, appeared for sentencing. SCHOLZ was sentenced to a term of:
Prison: 210 months
Special Assessment: $100 per count
Forfeiture: computer, CDs, book, and maps
Supervised Release: Life
SCHOLZ was sentenced in connection with his guilty plea to sexual exploitation of children, receipt of child pornography, and possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
The Helena Police Department and the Federal Bureau of Investigation were investigating allegations of child pornography access by users utilizing a peer-to-peer file sharing network. One investigation involved a person in Helena who had child pornography available to share via a file sharing program beginning in 2010.
A search warrant for SCHOLZ's residence in Helena which was served on May 18, 2010. Several items were seized, including a computer, CD's and a hollowed-out book containing CD's. Forensic examination revealed that one of SCHOLZ's CD's contained sexually explicit images that SCHOLZ produced of himself and a then 13-year-old girl. Those images were produced on various dates in 2006 in Helena. The child, name not disclosed to protect her privacy, has been positively identified. SCHOLZ used, persuaded, induced, enticed, or coerced the child into engaging in or had the child assist him in engaging in sexually explicit activity for the purpose of producing a visual depiction of that conduct. Further forensic analysis found numerous images of child pornography on SCHOLZ's computer and related media that he received via the Internet from approximately 2005 through 2009. SCHOLZ saved that material, as well as the child pornography images above that he produced.
SCHOLZ also possessed images and movies of children clearly prepubescent and children engaged in sadistic or masochistic abuse or other depictions of violence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SCHOLZ will likely serve all of the time imposed by the court. In the federal system, SCHOLZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15 percent of the overall sentence.
The investigation was a cooperative effort between the Helena Police Department, the Federal Bureau of Investigation, U.S. Homeland Security Investigations, and the Montana Division of Criminal Investigation.
This case was brought as part of Project Safe Childhood. In February 2006, the Department of Justice launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys' Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.