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Sex Crime

The Dangers of File Sharing and Peer to Peer Networks

File sharing has been a big part of the counter-culture of legal and illegal music and movie downloads in the United States. Many file sharing programs that allowed the free flow of copyrighted files like Limewire, Napster, Bearshare, Frostwire, and the like have long been shut down by the U.S. Government (or switched their business models), but new software springs up all the time. For example, as soon as Limewire was shut down, Frostwire came out and today the most prevelant Peer to Peer software of today is bit Torrent. The cycle keeps repeating as bit torrent sites like The Pirate Bay, Demonoid, and others have faced government seizures of their physical servers located in other countries. The government may not be able to completely shut down all of the file-sharing software as it continues to morph into different models that make it undetectable. Many people praise these programs as means to download and own files for free that they would otherwise have to pay for, but what these people don’t realize is the inherent danger of downloading files from anonymous sources and sharing the same files out to strangers: namely, child pornography.

Helpful Link > Click the following links to view our Child Pornography Case Victories and view all of our Arizona Sex Crime Victories.

Here is a graphic showing the old way file sharing networks worked by each user connecting through a centralized server which is how the government was able to stop them, by legally choking off the central server:

(Images Courtesy of Vuze.com)

File Sharing Networks

And here is a graphic showing bit Torrent Peer to Peer networks where the user downloads and opens a torrent file which then connects the user to the peers who are seeding the files:

Peer to Peer Networks

One of the most important issues among the file sharing community in recent years has been the prosecutions relating to the possession and distribution of child pornography. Many of the defendants that have hired a child pornography lawyer in these cases said that they were not even aware of the images that were stored on their computers. Images of child porn can be downloaded to your computer through a series of Trojan horses or by blindly downloading an entire directory that is shared with you through one of these peer to peer services. One common method of sharing child porn is the intentional mislabeling of filenames. For example, you may download a video named “Die Hard” thinking that you are getting a movie about Bruce Willis. Upon download, you might open the file and instead of finding a movie you find that it is actually hundreds or thousands of images of child pornography. Images of child porn are sometimes inserted into otherwise normal video files and may even go unnoticed by the person downloading the file. This example proves that you cannot be sure what is actually contained in the files you are downloading, which increases the risk of using any peer to peer file sharing software or methods. Remember, there is no file certification process since most of these files (movies, ebooks, software, etc) are being downloaded and shared illegally.

The most common way people are convicted of possession of child pornography, is by their permanent storage on your hard drive even after deleting it in several locations. With file sharing programs, the downloaded files go automatically into two folders: “Saved” and “Shared”. A third folder is created for “Incomplete or Temp Files” that a lot of people are unaware of. Files are labeled incomplete when they are deleted halfway through. You may not even be able to open these files, but the government can, and will attempt to prosecute and convict you for the possession of illegal images of children regardless of the folder they reside in.

The second charge of distribution of child pornography comes when you allow the program to share your files with other users. You may be doing this unknowingly as most file-sharing programs select this sharing option as a default setting. Even if you are unaware that the files you are sharing contain child porn, this act of sharing constitutes distribution.

So how does law enforcement track the child porn files? The government tracks files and images of child porn by looking at hash values. A hash value is the number of pixels a file contains. The government and law enforcement often knows the hash value of popular or commonly-shared child porn images. Any time that file is shared or downloaded; the government is alerted to the IP address of the user. They thereby obtain a search warrant and go about finding said files on your computer, upon which they arrest the user.

There are conspiracy theories out there that the government uses images of child porn to set people up for conviction. People use this to explain the surge of conviction among political rivals and other important people in society. This ruins their reputation and labels them a sex offender for the rest of their lives. Though this rumor does not have much traction, it is wise to avoid the possibility altogether by abstaining from P2P file sharing sites.

Here is a video David Michael Cantor made when Limewire was in the news in Oct 2010:

Every state in the US has laws regarding the possession and distribution of child pornography. For example, here in Arizona the law is A.R.S §13-3553 Sexual Exploitation of a Minor” (i.e. “Child Pornography”) and it is a class two (2) felony.  In Arizona, the minimum prison term is 10 years per image, if convicted. If you are facing child pornography charges, it’s a good idea to find yourself a defense attorney who has experience with these types of cases and also works with a good computer forensics expert.

If you have legal questions about Sexual Exploitation of a Minor and Child Pornography possession and distribution, please give our office a call at (602) 307-0808. If you are in the pre-charge phase or have already been charged, please call us for a free case review. The free consultation will last about 30 minutes and one of our defense attorneys will give you their professional opinion with your case.


58-year-old Phoenix man arrested for 1989 sexual assault, murder

PHOENIX – 58-year-old Cudellious Love, of Phoenix, was arrested on Friday by the Phoenix police officers after they found DNA evidence that linked him to an unsolved murder and sexual assault from 1989.

A report released by the Phoenix Police Department’s crime lab in January indicated a DNA match between a sample taken from the scene and a DNA profile in the state database. According to the court records released Monday, the DNA belonged to a 58-year-old man named Cudellious Love who was in prison for more than three years for a drug conviction. The DNA evidence linked Love to an unsolved murder and sexual assault from 1989.

The murder victim, Laura Hunding, of Phoenix, was stabbed to death in her apartment where her body was found in July 1989. According to the police, Love’s DNA was found on Hunding’s body.

Records show that there was no sign of forced entry into her apartment which was located near 48th Street and McDowell Road. Police investigated the murder, but they did not have any leads in the case.

Hunding’s body was found by her landlord at about 10:30 am on July 17, after witnesses reported last seeing her on July 16. According to the witnesses, Hunding had attended an Alcoholics Anonymous dance that night at Scottsdale Community College and she returned to her home alone.

Love was located and questioned by police on May 12 when he denied having any knowledge of Hunding or her murder which happened nearly 25 years ago.

According to court records, Love claimed he had never ‘messed with’ White women. He also claimed that he has never been to the victim’s apartment and was not familiar with the east side of Phoenix at all. The court records also stated that he was shown photographs of the victims and the victim’s apartment and he maintained he had never seen the victim or her apartment. He said there would be no reason his fingerprints or DNA would be found or identified as part of the crime scene.

Love was arrested on Friday 13 June after the agency’s crime lab determined that Love’s DNA matched the DNA at the scene. There was no mistaking that because “the approximate incidence of this profile is 1 in 110 quadrillion African Americans,” records show.

He was booked into jail on one count of first-degree murder in the death of 27-year-old Laura Hunding in July 1989.

Author Bio:

The attorneys at Bleile, Witte & Lape are committed to defend clients accused/ convicted of any kind of sexual crime throughout Cincinnati, Ohio.


Child Pornography Cases and Computer Forensics

Today David Michael Cantor, a Sex Crime Defense Lawyer, based in Phoenix, AZ, discusses Child Pornography Cases and Computer Forensics.

As David mentioned in last years video post about Limewire closing down, more people are finding themselves on the wrong end of the law because of various file sharing programs. Almost immediately after Limewire closed the network was shifted over to Frostwire allowing people to continue to download files from other users computers easily and with unforeseen dangers. As David explains again, but in more detail in this video, when you download files from other peoples computers it is very easy to unknowingly download child pornography and other files that can result in decades of prison time.

In this video David goes into further technical detail about how various files end up on your computer. Even when you delete a file from your computer there can still be parts of the file on your computer that can be used as evidence against you.

If you do find yourself or someone you know in trouble for this type of activity it is important that you get competent and experienced legal representation. It is also critical that a computer forensics expert be involved as well.

Tami Loehrs: Computer Forensics Expert (520) 219-6807

Kim Hart: False Allegation of Abuse Trial Consultant (419) 868-6016


Phoenix Criminal Defense Lawyer David Michael Cantor on What to Do if You’re Charged with Child Abuse

If you have been charged with Child Abuse, you’re going to require a skilled Phoenix Criminal Defense Lawyer.

The key to defending a charge of Child Abuse / Vulnerable Adult Abuse is to demonstrate first and foremost that any alleged abuse was not done “intentionally” or “knowingly” and remove them from the most serious punishment range (i.e., “Lack of Intent” or “Lack of Knowledge”).

The vast majority of Child Abuse cases are charged under the “recklessness” and “negligence” standards. The key is demonstrating that a person was not “reckless” and that their conduct was not a “gross deviation” from the standard that a reasonable person would observe in this situation. In regards to “negligence”, it must be shown that the person’s care was not a “gross deviation” from the standard that a reasonable person would observe in this situation. For example, if you are at the park and your child is playing on the jungle gym, and happens to fall off and break their arm, most people would agree that you have not engaged in a “gross deviation” from the standard of conduct or standard of care that a reasonable person would observe in that situation. The same applies to other household injuries. A mother or father cannot be expected to be next to their child 24 hours a day. Sometimes children are playing and they just accidentally injury themselves (this happens every day).

Click here to learn more about possible defenses and/or punishment for a Child Abuse charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Defense Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Defense Lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Criminal Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Defense Lawyer David Michael Cantor.


Phoenix Criminal Law Attorney David Michael Cantor on What to Do if You’re Charged with Child Molestation

If you have been charged with Child Molestation, you’re going to require a skilled Phoenix Criminal Law Attorney.

Many times these Child Molestation charges arise during the pendency of a divorce proceeding. In other words, the Defendant’s soon to be ex-spouse, or an angry teenager who wants her father or step-father “out of the picture”, will make up these false allegations. It is important to challenge these charges immediately by reviewing how the report was initially received; obtaining any CPS reports which were prepared; questioning any forensic interviewers which may have talked to the child; obtain any divorce paperwork that may have previously been filed; and potentially obtain a polygraph of the Defendant in order to show that he is, in fact, innocent. All of these procedures must be done rapidly, because once a person is charged, they are “non-bondable” and will sit in jail until the case resolves. This means that if you have a million dollars in your pocket, you will still sit in jail until these charges finalize. This is why these allegations are so dangerous when they come in the context of a divorce proceeding.

Click here to learn more about possible defenses and/or punishment for a Child Molestation charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Law Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Law Attorneys in Arizona are listed in the Bar Register of Preeminent Attorneys®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Criminal Law Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Law Attorney David Michael Cantor.


Arizona Defense Attorney David Michael Cantor on What to Do if You’re Charged with Sexual Assault

If you have been charged with sexual assault, you’re going to require a skilled Arizona Defense Attorney.

Sexual Assault charges can be extremely dangerous in the context of college parties or bar situations. Numerous false claims have been filed by women who were intoxicated and then later regretted their decision (usually after being taunted by friends who used derogatory terms). The alleged “victim” is now left with either acknowledging to their taunting friends that they are a “slut”, or they can “save face” and claim that they were “taken advantage of”. It is important to insure that all medical evidence is reviewed immediately (if there is any); that all witnesses at the bar or party are contacted and interviewed immediately; that a polygraph be conducted on the accused; and that other individuals be interviewed to determine the alleged victim’s propensity for promiscuity and untruthfulness.

Click here to learn more about possible defenses and/or punishment for sexual assault.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Sexual Assault Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Sexual Assault Attorneys know the system well. For a free initial consultation, call us at 602-307-0808, or contact Arizona Defense Attorney David Michael Cantor.


Arizona Sex Crimes Lawyer and the Interstate Commerce Element of Child Pornography

A sex crimes lawyer in Arizona defending clients charged with receipt or possession of child pornography faces unique challenges. Aside from the mental health issues their clients may be facing, as well as the visceral reaction judges and juries have to these types of cases, many pornography charges are fraught with damaging admissions, forensic reports from government computer experts, as well as garner draconian penalties. However, a sex crimes lawyer can gain leverage by focusing on the frequently overlooked interstate commerce element of the receipt and possession statutes.

It is important to understand that the interstate commerce defense a sex crimes lawyer can make has nothing to do with the power of Congress under the Constitution interstate commerce clause to criminalize receipt or possession of pornography, as that authority cannot be easily disputed. Rather, the defense can make an argument based on the interstate jurisdictional elements in the statutes themselves.

For example, the prosecution must prove that the pornography crossed state lines. In the case of Internet pornography, proving that is open to debate. It is in this blurred area of distinction that a sex crimes lawyer can use to his advantage.

Congress’s narrow jurisdictional element
It is important to recognize that by requiring that elicit images were moved or transported across state lines, Congress enacted a relatively narrow jurisdictional element that is of interest to the sex crimes lawyer. If Congress was chiefly interested in extending federal authority to prosecute as far as possible, it would have adopted wording that merely required proof that the defendant used “an instrument of interstate commerce” while committing a receipt or possession offense. If this had been the wording, merely downloading the images on the Internet would have been enough to prove the interstate element.

Congress probably realized that most states already had child pornography statutes in place, and only sought to create legislation that covered pornography cases across a large region that involved a multitude of states and jurisdictions where interstate activity is clearly involved.

Nevertheless, regardless of Congress’s intentions, the court is required to interpret and construe judicial elements in a narrow light. When it comes to proving interstate activity, prosecutors often offer no proof that the visual depictions were transmitted onto the defendant’s computer from a different state or other location in the country.

For this very reason, a sex crimes lawyer should focus on the sufficiency of proof related to the interstate elements. Most interstate evidence, or lack of, that is offered by the government is typical. In more cases than not, the shaky evidence won’t stand up under scrutiny in court.

The challenges of a sex crime lawyer in Arizona are great. Often, there is little to work with as the evidence presented can be quite conclusive. In addition to the stigmatized nature of sex crimes, the client faces increased prejudice from the jury as well as the bench. It is only in the interstate commerce clause that an attorney gets much leverage to give his client any favor. By hiring a lawyer specialized in sex crimes and the unique issues involved, a client can get a better judgment from the court that results in a more desired outcome.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about an Arizona sex crimes lawyer, visit our site.


A Child Pornography Lawyer Can Help with Legal Issues and Treatment Plans

If you need the services of a child pornography lawyer, you must first understand that you are not alone, nor are you hopelessly untreatable, explains Arizona criminal lawyer, David M Cantor. Though society stigmatizes sex crimes, not everyone accused of them is the child snatcher in the van. A child pornography lawyer often works with clients who are otherwise successful family men, who often due to life stresses and circumstances, chooses a socially deviant outlet for their stress. The good news is that these people are very treatable and can go back to living healthy, functional lives with the help of a sexual therapy program.

The last decade has seen an escalated media focus on the problems of Internet child exploitation and online sexual predators, creating a public fear and anger towards sexual offenders. This attitude has created a “lock them up and throw away the key” attitude towards those who need the services of a child pornography lawyer, even for those accused of noncontact crimes.

Yet there are many varying ranges of those who would need the services of a child pornography lawyer. Although “snatch and grab” offenders make up the smallest percentage of all perpetrators (less than 3 to 5 %), these are often what people picture when they think of child pornography. Lawyer offices most often deal with more run of the mill offenders, including those who haven’t even hurt or offended anyone such as the case of someone accused of possessing child pornography.

Importance of a Psychosexual Evaluation
When you need the services of a child pornography lawyer, it’s important to be able to present yourself to the court as a treatable case. By undergoing a psychosexual evaluation, you can better present yourself to the judge, prosecution and probation staffers to receive an appropriate sentence disposition. Talk it over with your child pornography lawyer.

It is critical that you be as open and honest as you can with the psychosexual evaluation. You must provide full support and transparency, full documentation about all current and past reported concerns, and interviews with family members. Honesty and cooperation are being gauged as part of the process.

The clients of a child pornography lawyer
Those accused of child molestation or other sex crimes come from all walks of lifestyles. The most common is the regressed or situational child sex offender. These types of offenders pose the best hope for treatment. They come from all races, cultures and social classes. Often, his offending is a poor attempt to cope with social stresses, relationship conflicts or losses.

About 10 to 15% of those who need the services of a child pornography lawyer are the fixated or dedicated type. These offenders are sexually oriented to children. These sort of offenders seek the company of children not only out of sexual interest, but because they socially feel more comfortable among children. This type can be treated through hormone treatments and other sexual treatments that can reduce sexual desire.

Treatment possibilities
Despite the social stigma attached, sexual offenders are not the monsters they are made out to be in the media. Often, these are otherwise normal individuals who can be successfully treated through therapy. If you seek the services of a child pornography lawyer, don’t focus purely on the legal issue. Seek treatment so you can put this whole thing behind you and get back on track to a healthy life again.


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