STAFF REPORTS
BUFFALO — U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 15-count indictment charging Richard C. Miller, 50, and Joseph Harvey, 54, both of Forestville, NY, with production, distribution, receipt, and possession of child pornography, conspiracy to distribute, receive, and possess child pornography, and witness tampering. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the indictment, between 2006 and 2009, defendant Miller produced child pornography by filming himself engaged in a sexual act with a minor. Between January 2016 and March 2017, Miller and defendant Harvey exchanged images of child pornography and engaged in illicit discussion regarding child pornography and pedophilia. In addition, a search of the residence shared by the defendants revealed multiple electronic devices that contained child pornography.
Richard Miller was initially arrested by complaint in May 2017. While being detained on charges of production and possession of child pornography, Miller sent a letter seeking to pay a material witness in the case not to participate in the criminal investigation.
The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer and are being detained.
The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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