Two Men Arrested in Child Pornography Case

ROCHESTER, NY—Robert Vogler, 28, of Rochester, New York, and Don Macintyre, 30 of Rochester, New York, were arrested on felony charges of possession and receipt of child pornography, United States Attorney Kathleen M. Mehltretter of the Western District of New York announced today. Possession of child pornography carries a maximum penalty of 10 years in prison, a fine of $250,000, or both. Receipt of child pornography carries a mandatory minimum term of five years in prison and a maximum of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee stated that the defendants were charged with possession and receipt of child pornography when, on November 18, 2009, law enforcement officers with the Federal Bureau of Investigation's Cyber Task Force executed a search warrant at the Latta Road residence shared by Vogler and Macintyre and seized the computers found there. According to the criminal complaint, Macintyre indicated that Vogler, his roommate, had downloaded child pornography using a file-sharing program. On November 20, 2009, according to a separate criminal complaint, Macintyre admitted to law enforcement that he too had downloaded child pornography onto a disk that he shared possession with Vogler and admitting to using the same file-sharing program as Vogler to download child pornography.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The arrest was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent In Charge James Robertson, officers from the Monroe County Sheriff's Office part of the FBI's Cyber Task Force, under the direction of Sheriff Patrick O'Flynn, and the Greece Police Department under the direction of Acting Chief Brian Uhrmacher. Assistant United States Attorney Marisa J. Miller will be handling the prosecution of both cases.

Both Volger's and Macintyre's next status appearances are scheduled in front of U.S. Magistrate Judge Jonathan W. Feldman for January 11, 2010 at 9:30 a.m.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.