Robert Updegrove

Case 1:07-cr-00434-TSE Document 5 Filed 11/07/07 Page 1 of 5 PageID# 17
THE UNITED STATES ^

EASTERN DISTRICT OF VIRGINIA
\
Alexandria Division I \
)
\
UNITED STATES OF AMERICA
) CRIMINAL NO. 1:07CR434-TSE
)
ROBERT UPDEGROVE, )
)
Defendant. '
OF FACTS
reasonable doubt through witnesses, testimony, and other competent and admissible evidence:
,„ April 2006, U.S. immigration and Customs Enforcement (ICE) agents initiated an
investigation into a criminal organization operating a group of commercial child pornography
websites. The investigation has revealed that the organiza.ion utilizes various PayPal accounts u,
process the payments for access to the member-restricted websites.

Analysis of transactional logs obtained from PayPal' provided the names and addresses of
various customers that purchased access to a, leas, one of the identified child pornography
websites. Based on this investigation, ICE learned that Robert Updegrove, of Alexandria,
Virginia, usedhis credit card to purchase access to commercia. chi.d pornography websites ,n
January 2007.
" Ww! *nv individual or business with an email address to

1 PayPal, an eBay Company, enaoies any usino a credit card or bank account
securely, easily and quickly send and receive paymen s^ ^ auct,ons and is an inexpensive
information. It is a popular way to electronics y pay storefronts inslead of using a traditional
tS/. ?PayPal
Tvls "-i'^^luter servers are located in California.
For example, investigation revea.ed that on January 6,2007, Robert Updegrove made a
payment to a PayPa. account known to have been used to subscribe to this group ofcommercial
chiid pornography websites. The payment was in the amount of $79.95 for access to a website
identified as Desired Ange,, Robert Updegrove comple.ed this transaction from his residence in
Alexandria, Virginia, by using his Cox Communications cab.e Interne, access account. The
transaction information was transmitted, via the Internet, to a Yahoo! e-mail account. Data
transmitted to a Yahoo! e-mail account from a Cox Communications account travels through the
Cox Communications serve, in Atlanta, Georgia to the Yahoo! computer servers which are
located in California.
The PayPal transaction logs for Robert Updegrove's transaction contained a referral URI.
which indicated the particular website that Robert Updegrove was viewing immediately prior to
being connected to the PayPa, payment page. A check of the National Center for Missing and
Exploited Children's ("NCMEC") child exploitation databases confirmed that the website
loca,ed a. this referring URL contained known child exploitation images. The ICE investigation
revealed that Robert Updegrove also paid to access a child pornography website on January 20,
2007 when he charged S79.95 to his Visa credit card account to subscribe to the website known
as Video-Nymphets. Both $79.95 charges to subscribe to the child pornography websites
appeared on Robert Updegrove's Visa credit card statements.
On June 29,2007, ICE agents executed a federal search warrant a. the residence of
Robert Updegrove in Alexandria, Virginia. Contemporaneous to the execution of this federa,
search warrant, ICE agents conducted a non-custodia, interview of Robert Updegrove at his
residence. During the interview, Updegrove stated: he had been viewing child pornography on
the Internet for several years; he had purchased subscriptions to websites with his Visa credit
card; and he viewed the child pornography several times a week.
The search of Robert Updegrove's residence revealed a number of personal computers
with child pornography. Updegrove stated that the computers contained hundreds of images that
he downloaded from the Internet. He said the images were of girls 8 to 15 years old on the
beach, dancing and taking showers. Agents seized three personal computers and twenty-three
other media items from the residence. Preliminary forensics on the digital media seized from the
Updegrove residence revealed several hundred image files of child pornography downloaded
from the Internet. The children depicted included "Celeste" who was photographed engaging in
sexually explicit conduct in Paraguay when she was approximately twelve years old.
Updegrove's computers also stored bookmarks to many websites with "Lolitas" in the
website titles as well as to other website with names associated with child pornography
distribution. The saved website names included: Dark Video; LolitazClub.net; Free Lolitas
Galleries; Little Sexy Teens; I-LOLA[totally illegal]; Sexy Teen Sluts; UkrainianNymphets;
Small Princesses BBS; Video 2000 Free Tour; and, Youngest Lolitas Porno. Updegrove
organized his child pornography still image files and motion picture image files into folders with
titles relating to the sources of the files.
All of the visual depictions of minors engaging in sexually explicit conduct received by
the defendant had been shipped or transported in interstate or foreign commerce by various
means, including by computer transmission and were stored on materials that had traveled in
interstate and foreign commerce.
In all instances described above, the defendant received visual depictions of minors
engaging in sexuaHy explicit conduct knowing* and intentionaiiy and no, by accident or
mistake.
The defendant and the United States agree that this Stated, of Facts sha,, be admissive
as a knowing and voiunta^ confession in any proceeding against the defendant regard.ess of
whether the p.ea agreement is presented , or accepted by a coun. Moreover, the defendant
waives any rights that the defendant may have under the Federa. Ru.e of Cri-nina. Procedure
im Federa. Rule of Evidence 4,0, the United States Constitution, or any federa, statute or ruie
in objecting to the admissibility of this Statement of Facts in any such proceeding.
Respectfully submitted,
Chuck Rosenberg
United States Attorney
By:
Gerald J. Smagal
Assistant UniteoVStates Attorney
Defendant's Signature: After consulting with my attorney and pursuant to the plea
agreement entered into this day between the defendant, Robert Updegrove, and the United State,
I hereby stipulate that the above Statement of Facts is true and accurate, and that had the matter
proceeded to trial, the United States would have proved the same beyond a reasonable doubt.
Date: ±2h&7J&&%
/ / ' Defendant Robert Updcigrove
Defense Counsel Signature: I am counsel for the defendant Robert Updegrovc in this
case
. I have carefully reviewed the above Statement of Facts with him. To my knowledge, his
decision to stipulate to these facts is an informed and voluntary one.
Date: Jihlll _
Robert E. Battle
Counsel for Defendant Robert Updegrove

Robert Updegrove

Uploaded by

Copyright:

Available Formats

Robert Updegrove

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Robert Updegrove

Uploaded by

Copyright:

Available Formats

Case 1:07-cr-00434-TSE Document 5 Filed 11/07/07 Page 1 of 5 PageID# 17

THE UNITED STATES ^

process the payments for access to the member-restricted websites.

" Ww! *nv individual or business with an email address to

appeared on Robert Updegrove's Visa credit card statements.

card; and he viewed the child pornography several times a week.

The search of Robert Updegrove's residence revealed a number of personal computers

titles relating to the sources of the files.

interstate and foreign commerce.

decision to stipulate to these facts is an informed and voluntary one.

You might also like