FBI Ignores Senate Requests To Investigate Company Distributing Footage Prosecuted As Child Porn

NOTE: NSFW=ADULT CONTENT

BACKGROUND

U.S. feds prosecute commercial footage as child porn. The alleged minors include vintage performers Tove Jensen, and a long-haired blond female known as “Christa”. A government witness testifies that Tove is no older than 14 in her prosecuted footage, “Teenage Tricks”. The government is repeatedly made aware that the Tove and Christa footage could be found on “Blue Vanities” tapes #80 and #82, distributed by a company the prosecutor referred to as “other traffickers” in child porn, Filmfare Video Labs.

Yet post conviction, federal officials allowed Filmfare and retailers to distribute the tapes containing the prosecuted footage as adult material, while a federal agency renewed their trademark.

Senator’s Letter

This conflicting conduct calls into question the integrity and public reputation of the government, and denies citizens the right to know what conduct is legal or illegal. With that background, two U.S. Senators requested the FBI to investigate Filmfare and their “Blue Vanities” (B.V.) tapes. One of those requests, pictured at left, states:

The information you provided to my office, including the name of the company distributing the tapes, has been forwarded to both the US Attorneys Office and the Federal Bureau of Investigation. I have requested that the matter be investigated and I am confident this issue will be reviewed.

An attorney with this Senator confirmed that a personal call was made to FBI Headquarters (and the local U.S. Attorney). A staffer with the second Senator confirmed discussions with a regional FBI supervisor.

FBI Response

Recently, an FOIA (Freedom of Information Act) request was made to the FBI for all documents related to any investigation of Filmfare Video Labs and their “Blue Vanities” tapes. By policy, any investigation would have been completed long before the request was made. In a response, dated March 4, 2008 (pictured above), the FBI confirms they ignored the Senators’ requests:

No records responsive to your FOIPA request were located by a search of the automated indices.

If the FBI had conducted an investigation, what would they have found?

TOVE

First, they would have confirmed what the prosecution team refused to acknowledge; that the Tove Jensen “Teenage Tricks” footage prosecuted on government exhibit 17-A, is the same as the “Patsy Learns To Play” footage on B.V. #80.

Diplomat Film Catalog Cover Catalog Ad For Tove's "Teach My Sister" 8mm Cover of Diplomat Film #1027-"Teach My Sister" CC Video Ad For Sex Orgy #806-"Teach My Sister"  Second, they would have discovered that Tove appeared in a number of loops, including the Color Climax produced “Teach My Sister”. As detailed in the photos above and below, this loop was released on their Diplomat label, identified as #1027, then re-released on the video compilation Sex Orgy #806.  The FBI would have discovered that this same footage is identified on B.V. tape #397, (NSFW) with an altered title. NOTE: None of the B.V. tape covers contain the alleged females.

Tove Jensen Index Of Appearances

This would have led to the other appearances of a known female which are well documented  and openly distributed.  And which were produced in the time frame the DOJ claims Tove was a young teen being abused.

CHRISTA

Again, the FBI would have confirmed what the prosecution team refused to investigate; that the prosecuted “Group Sex” footage on government exhibit 17-E, is the same footage as the “Group Sex” loop found on B.V. #82.

Second, as noted previously, Christa appeared in a number of the Teenage Climax loops produced by Film Lab A/S. In addition to the prosecuted “Group Sex” loop, identified as TA Climax #1509, she also appeared in TA Climax #1501 “After School Time”. The FBI would have discovered this footage on B.V. tape #147. (NSFW)

This would have led to the other appearances of Christa, including Color Climax #1435, “Disco Gang Bang”, which can be found on B.V. tapes #151 and tape #433. (NSFW)

The FBI also would have discovered a company operating out of a St. Louis, MO post office box named New Path. New Path bought a large volume of B.V. tapes and is advertising them for sale in the Softcore, Miscellaneous and European categories on their website, adultvid.com. This includes the prosecuted footage of Christa on Tape 82, and footage of her on Tapes 147 and 151, (Euorpean category) which contain the same content and numbering system as the B.V. tapes.

UPDATE: Adultvid.com, registered in 1996, was not set to expire until 2009. But it is currently in limbo. Yet, as the photos below detail, the Christa loops “Group Sex” and “After-school Time” were available on tapes 82 and 147. And the site Contact info was a St. Louis, MO address and phone number.

adultvid_82

Adult Vid #82

adultvid_147

Adult Vid #147

adultvid_contact

Adult Vid Contact Page

QUESTIONS:

Under what circumstances would the FBI refuse to honor Congressional requests to investigate a company distributing footage prosecuted as child porn?

Under what circumstances would the FBI allow the unrestricted public access of pornographic footage containing a known female the DOJ claims is 14 years old?

What does the FBI know about the evidence used in this prosecution that they refused to acknowledge to the Senators?

Child porn or continuing conspiracy? What’s the trewthe?

DOJ Filed False Declaration In 2257 Litigation

LITIGATION

Pursuant to the Protect Act, the DOJ issued new 2257 regulations addressing adult pornography on the Internet, which became effective in June of 2005.  In response, the U.S. adult industry filed suit in Colorado District court seeking a temporary restraining order, which was converted to a motion for preliminary injunction; Free Speech Coalition, Inc. et al., v Gonzales (05-cv-1126).

The plaintiffs were Free Speech Coalition, Inc. (FSC), the non-profit trade association of the U.S. adult entertainment industry; Lenjo, Inc. (dba as New Beginnings), a wholesaler of adult materials; and David Connors, an adult performer/producer who operates Dave Cummings Productions.  A number of the court documents can be found on FSC’s website.

Discovery in a U.S. federal civil suit falls under Chapter V of the Federal Rules of Civil Procedure, Rules 26-37.  Rule 33 covers Interrogatories, of which the response must be signed under penalty of perjury.

In July, 2005, the government filed a response to the plaintiff’s first set of interrogatories/admissions, including No.5 at pages 5-7:

5. Identify any document, study, report, or other information within Defendant’s possession that any Plaintiff or any of Plaintiffs’ members have been involved with or linked to the creation, dissemination, or distribution of actual child pornography. For the purposes of this interrogatory, assume that Plaintiffs’ membership includes all corporate entities in the United States that produce material depicting adults engaged in actual sexually explicit conduct.

Because the master list of FSC members was sealed, the government limited its response to corporate entities:

Subject to these objections and qualifications, Defendant is unaware of any non-privileged report or study that references the involvement of specific “corporate entities,” defined as specified supra, with child pornography.

And the declaration was made by:

I, Richard A. Hertling, hereby declare that the foregoing responses are true and correct.

This was false.  At the time of the July, 2005 filing, material owned or distributed by the following commercial adult companies had been charged or prosecuted as actual child pornography, including six that fit the definition of “corporate entit[y]”.

Als Scan, Inc.: Incorporated in Maryland and a member of FSC, 37 images from alsscan.com were charged as child porn in 2003.  The 8 females were alleged to be no older than 13 by the state of Massachusetts.

Digital Palette, Inc.: Administers the colorclimax website, and contracts with Color Climax for the digital Internet rights of their inventory, which includes footage and images of the Tove Jensen loop “Teenage Tricks” prosecuted as child porn by the DOJ.

Filmfare Video Labs, Inc.: Incorporated in Delaware, they distributed the “Blue Vanities” tapes, through their website, bluevanities.com, and through the mail.  B.V. tapes #80 and #82 contain footage prosecuted as child porn by the DOJ.

NewPath Inc.: Incorporated in Missouri, they bought and resold others’ video tapes as their own thru their recently closed website, adultvid.com.  These tapes included B.V. tapes #80 and #82, which contain the Tove and Christa footage prosecuted as child porn by the DOJ.

Caballero Control Corp.: Incorporated in California, they produced/distributed the Swedish Erotica adult movies, which includes #293, “Patsy Learns To Play”, the U.S. title of Tove Jensen’s “Teenage Tricks”, prosecuted as child porn by the DOJ.

A&B Video: Corporate status unclear of the defunct Florida based company, but they owned/distributed the flashing footage prosecuted as child porn by the DOJ.

GM Video, Inc.: An FSC member, they owned/distributed the A&B Video flashing footage prosecuted as child porn by the DOJ.

Dave Connors Productions: Known as Dave Cummings, and a plaintiff in the FSC v Gonzales case, Connors produced and uploaded to his website images of himself with Melissa Bertsch (Melissa-Ashley), that were charged by the U.S. feds as child porn in 2003.

FALSE DECLARATIONS

Knowingly making a false declaration in a court proceeding is a violation of 18 USC 1623:

(a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years, or both.

In addition to Hertling, who at the time was Deputy Assistant Attorney General, Office of Legal Policy, seven other DOJ officials contributed to the response (pg.12), including:

Laura Parsky…Criminal Division, Deputy Assistant Attorney General

Andrew Oosterbaan…Criminal Division, Child Exploitation and Obscenity Branch, Director

William Hall…Criminal Division, Child Exploitation and Obscenity Branch, Trial Attorney

At the time of Hertling’s filing, a number of DOJ employees had been informed directly or indirectly that “Blue Vanities” tapes distributed by Filmfare Video Labs, Inc., contained footage prosecuted as child porn, including:

* Assistant Attorney General, Criminal Division

* Assistant Director Criminal Investigative Division–FBI

* Several CEOS attorneys

* At least 3 DOJ attorneys

* At least 4 federal prosecutors

* At least 4 federal agents

QUESTIONS

More questions.  Did the DOJ subject Hertling to a perjury charge by refusing to acknowledge they have charged and prosecuted commercial adult porn as child porn?

Was expert testimony/Tanner Staging used in all those cases, and is that what the DOJ is protecting?

Is that why the U.S. feds are allowing the prosecuted footage of “Teenage Tricks”, “Group Sex”, “L**ita Climax”, and “Nineteen & Lovin It” to be commercially distributed?

If so, then which of the more than 50 public servants who are knowingly allowing said prosecuted footage to be distributed, will be called as a defense witness in the R Kelly child porn trial?

How many will be called to refute the testimony of Dr. Sharon Cooper?  What’s the trewthe?