DEPARTMENT OF JUSTICE

 

 

UNITED STATES ATTORNEY GRETCHEN C.F. SHAPPERT
WESTERN DISTRICT OF NORTH CAROLINA

FOR IMMEDIATE RELEASE
MARCH 28, 2007

CONTACT: SUELLEN PIERCE
704.338.3120
FAX 704.227.0264


CALDWELL COUNTY MAN CHARGED FEDERALLY
ON CHILD PORNOGRAPHY POSSESSION COUNT


Federal Grand Jury Sitting in Charlotte Returns Indictment


CHARLOTTE, NC - MICHAEL LOUIS SHAW, 45, of Granite Falls, North Carolina, has been indicted by a federal grand jury sitting in Charlotte on one count alleging violation of the federal law prohibiting possession of matter containing any visual depiction that has been mailed or shipped in interstate commerce, including by means of computer, which involved the use of a minor engaging in sexually explicit conduct. Today’s announcement is made by Gretchen C. F. Shappert, United States Attorney for the Western District of North Carolina, Keith Fixel, United States Postal Inspector in Charge for the Charlotte Division, and Sheriff Alan Jones of Caldwell County, North Carolina. According to official court documents, MICHAEL LOUIS SHAW was charged initially in federal court for the Western District of North Carolina on a criminal complaint, which was filed March 8, 2007. He was subsequently placed in federal custody and was ordered detained on Wednesday, March 21, 2007 pending disposition of the charges. Today’s indictment supersedes the criminal complaint, and the defendant will be arraigned on today’s charge at a future date. The indictment alleges possession of child pornography, a felony count that for Shaw carries a mandatory minimum statutory penalty of ten years’ imprisonment, and up to 20 years’ imprisonment, maximum, upon conviction. However, it is important to note that any sentence received upon conviction will be influenced by the Federal Sentencing Guidelines, which the Court consults in order to determine each defendant’s actual sentence. Sentences are based upon a formula that takes into account the severity and characteristics of the offense and each defendant’s criminal history, if any. The charges contained in the indictment are only allegations. In the American justice system, a person is presumed innocent unless and until he or she is proven guilty in a court of law. In addition, the indictment asks that the defendant forfeit to the United States all of the property involved in the offense alleged in the indictment, and all property traceable to the alleged offense. The grand jury found probable cause to believe that certain property formerly belonging to SHAW is subject to forfeiture. Those properties include a Compaq computer, an HP photosmart photo printer, a Lexmark printer, and various compact disks and floppy disks. This case is being brought as part of Project Safe Childhood. In February 2006, Attorney General Alberto R. Gonzales launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, 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 identify and rescue victims.

For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.