DENVER – A federal grand jury in Denver late yesterday returned a three count indictment formalizing the charges against former Paddington Station preschool teacher David Paul Moe, U.S. Attorney John Walsh and U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Kumar Kibble announced. Moe, age 45, of Denver, is currently in custody pending a bond release hearing. The grand jury charged Moe with distribution, receipt and possession of child pornography.

According to the indictment, count one alleges that between April 28, 2012 and July 24, 2012, Moe knowingly distributed and attempted to distribute child pornography in interstate and foreign commerce by any means, including by computer. Count two of the indictment alleges that between May 13, 2012 and May 15, 2012, the defendant knowingly received and attempted to receive child pornography in interstate and foreign commerce by any means, including by computer. Count three of the indictment states that on July 24, 2012, Moe knowingly possessed any computer disk and other material that contained an image of child pornography that had been shipped and transported in interstate and foreign commerce by any means, including by computer.

The indictment also includes an asset forfeiture allegation, which states that upon conviction, Moe shall forfeit any and all of his rights, title and interest in the child pornography images, the computer storage devices containing child pornography, and any other real or personal property used or intended to be used to commit or promote the commission of the offenses alleged in the indictment.

According to the facts contained in the affidavit associated with the Criminal Complaint, the preliminary charging document, law enforcement, acting in an undercover capacity, observed child pornography available for downloading on another computer that was using peer-to-peer software to share files. As the investigation continued, a search warrant was obtained and executed by HSI on July 24, 2012. Moe was the sole occupant of the residence. Preliminary forensic examination has thus far yielded child pornography on Moe’s computers, additional external hard drives and on DVDs/CDs that were located at the residence. In conjunction with the execution of a search warrant, it was determined that Moe used the Internet to make available, trade and collect images of child pornography. It was also determined that he was employed as a teacher at Paddington Station for the last 18 years.

“The protection of Colorado’s children and families from crime is among the highest priorities of the U.S. Attorney’s Office,” said U.S. Attorney John Walsh. “The distribution, receipt and possession of child pornography is a grave crime that deserves our most serious and determined response and prosecution efforts.”

“Anyone who produces, possesses or shares child pornography victimizes and traumatizes the most innocent and vulnerable members of our society,” said Kumar C, Kibble, special agent in charge of HSI Denver. “Our HSI agents, operating under our Operation Predator program, specifically seek out predators who sexually exploit children, but especially those who have violated a position of trust in working with children.”

If convicted of distribution and attempted distribution of child pornography, Moe faces not less than 5 years, and not more than 20 years in federal prison, as well as a $250,000 fine. If convicted of receipt and attempted receipt of child pornography, Moe faces not less than 5 years, and not more than 20 years imprisonment, as well as a $250,000 fine. If convicted of possession of child pornography, Moe faces not more than 10 years imprisonment.

This case is being investigated by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI).

Moe is being prosecuted by Assistant U.S. Attorney Alecia Riewerts Wolak and Special Assistant U.S. Attorney Lillian Alves.

The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.

This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/ For more information about Internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."

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