Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Anthony V. Mangione, Special Agent in Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations, Miami Field Office, and Michelle Morris, Chief, City of Sebastian Police Department, announced the August 3, 2010 arrest of Daniel Anthony Smith, 46, of Sebastian, on charges of receiving child pornography via the Internet, in violation of Title 18, United States Code, Section, 2252(a)(2). A detention hearing is scheduled on August 11, 2010, before U.S. Magistrate Judge Frank J. Lynch. If convicted of receiving child pornography via the Internet, Smith faces a mandatory minimum sentence of five years and up to twenty years in prison.

According to the affidavit filed in support of the criminal complaint, on August 3, 2010, ICE Homeland Security Investigations (HSI) special agents in Ft. Pierce and officers from the Sebastian Police Department were following up on a tip from Treasure Coast Crime Stoppers that Smith possessed child pornography on his laptop computer. Based on this information, ICE special agents and Sebastian Detectives approached and interviewed Smith outside his residence. Initially, Smith denied having any child pornography on his computer. Subsequently, Smith allowed ICE agents to examine the laptop computer in his livingroom.

The examination of the laptop computer in Smith’s living room revealed that Smith was running a Peer-to-Peer software program and was in the process of downloading three video files with names indicative of child pornography. As well, several other video files with names indicative of child pornography were being uploaded via the peer to peer program. A forensic preview of the laptop computer revealed the presence of video clips depicting minor children engaged in sexually explicit conduct. A forensic preview of an external hard drive, recovered from Smith's laptop bag, revealed more than 40 additional video clips with names indicative of child pornography. Smith was then arrested.

Mr. Ferrer commended the investigative efforts of ICE's Homeland Security Investigations in Ft. Pierce and the Sebastian Police Department for their work on this case. The case was prosecuted by Assistant U.S. Attorney Carmen Lineberger.

A complaint is only an accusation, and a defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

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A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.