On Wednesday, August 20, 2008, the Federal Grand Jury for the Southern District of Iowa returned an indictment in six counts against James Russell of Pella, Iowa, announced United States Attorney Matthew G. Whitaker. Following return of the indictment, a federal arrest warrant was issued, and on August 21, 2008, the Federal Bureau of Investigation and the Pella Police Department arrested James Russell in Pella, announced Special Agent in Charge John G. Kavanagh of the Omaha Field Office of the FBI.

The indictment charges the defendant with two counts of Production of Child Pornography in violation of Title 18, United States Code, Section 2251(a); two counts of Distribution of Child Pornography in violation of Title 18, United States Code, Section 2252(a)(2); one count of Receipt of Child Pornography in violation of Title 18, United States Code, Section 2252(a)(2); and one count of Possession of Child Pornography in violation of T itle 18, United States Code, Section 2252(a)(4)(B). The indictment also seeks forfeiture of any illegal images and property used to commit or promote the commission of the alleged crimes.

The public is reminded that an indictment is not evidence of guilt, and that the defendant is presumed innocent unless and until proven guilty in a court of law.

If convicted on the count charging Possession of Child Pornography, the defendant faces imprisonment up to 10 years, a fine of not more than $250,000.00, and a term of supervised release following any imprisonment. If convicted on the count charging Receipt of Child Pornography, the defendant faces imprisonment of from 5 years to 20 years, a fine of not more than $250,000.00, and a term of supervised release following any imprisonment. If convicted on any count charging Distribution of Child Pornography, the defendant faces, on each such count of conviction, imprisonment of from 5 years to 20 years, a fine of not more than $250,000.00, and a term of supervised release following any imprisonment. If convicted on any count charging Production of Child Pornography, the defendant faces, on each such count of conviction, imprisonment of from 15 years to 30 years, a fine of not more than $250,000.00, and a term of supervised release following any imprisonment.

This investigation is the result of a combined effort of the FBI, the Pella, Iowa Police Department, and the Lafayette, Indiana Police Department. The investigation continues. This case is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U. S. Department of Justice Project Safe Childhood.