How Long Does a Federal Child Exploitation Investigation Take??

How Long Can an Investigation Continue Before the Target Is Aware?

Is Investigation Length Related to the Length of the Prosecution?

Are There Published Estimates of How Long Federal Child Exploitation Investigations Take?

What is the usual timeline from report to federal charges?

What is the Typical Timeline of a Federal Child Exploitation Investigation?

How are federal child exploitation investigations typically triggered?

Most federal child exploitation investigations begin with a referral to the FBI from the National Center for Missing & Exploited Children (NCMEC). NCMEC receives reports via the CyberTipline and then analyzes and routes them to the appropriate law enforcement agencies. The Department of Justice (DOJ) website notes, “The majority of the Internet crimes that the Internet Crimes Against Children (ICAC) Task Forces are involved in originate as reports to NCMEC.”

Can investigators seek subscriber information for a website or internet service provider directly?

Yes. If federal law enforcement agents determine that they need the identity of an individual for a specific IP address, they can request subscriber information from the appropriate internet service provider (ISP) or website, such as Facebook. 47 U.S.C. 551 Note discusses preservation orders under the Stored Communications Act, which are often used prior to seeking subscriber information to avoid data loss due to standard record retention policies.

Can internet service providers and websites provide subscriber information directly?

Yes. Generally, these providers will provide subscriber information if presented with a search warrant, but they will often work with the U.S. Attorney’s Office that issued the warrant.

Can federal law enforcement agents obtain a warrant for residential premises?

If federal agents seek to obtain a warrant for a residence based on their investigation of an online account, they must convince a federal judge that there is probable cause to believe that evidence of a crime will be found at the residence in question.

When will prosecutors determine charges to be filed?

Prosecutors may have specific charges in mind when they execute a search warrant, but they may wait to finalize their charging decisions until after they have reviewed the results of the search.

How do investigators obtain information from computers and mobile devices?

Investigators usually image a device to obtain a complete copy of its contents before attempting a full forensic examination.

What are Internet Crimes Against Children (ICAC) Task Forces?

ICAC Task Forces involve a combination of federal, state, and local investigators. The ICAC Task Forces are led by state and local agencies and are funded and coordinated by the Department of Justice's Office of Juvenile Justice and Delinquency Prevention. They pursue cases across the country, often working jointly with federal partners such as the FBI and Homeland Security Investigations.

Additionally, “The ICAC network consists of 61 coordinated task forces and a network of federal, state, and local law enforcement agencies,” according to the Department of Justice.

How Do CyberTipline Reports Become Search Warrants?

The National Center for Missing and Exploited Children (NCMEC) receives reports from the public, and these reports are made available to appropriate law-enforcement agencies. NCMEC will conduct a determination whether the report is a violation of 18 U.S.C. 2252, and if so, then the Department of Justice (DOJ) will consider whether to accept the case.

18 U.S.C. 2258A requires “covered providers” to report to NCMEC when they find evidence of computer-facilitated child exploitation. The statute says that “A provider that obtains actual knowledge of any facts or circumstances from which there is an apparent violation of 18 U.S.C. 2251, 2251A, 2252, 2252A, 2252B, or 2260 shall, as soon as reasonably possible, submit a report to the CyberTipline of the National Center for Missing and Exploited Children (NCMEC).” The statute goes on to say that “Such report must be based upon the provider’s knowledge that an individual is engaging in violation of any of those sections.”

Crucially, 18 U.S.C. 2258A imposes a duty to report when a covered provider is aware of a potential violation, but it does not impose an affirmative duty to “actively look for violations of these sections.S.C. 2258A.”

CyberTipline submissions can include files, account identifiers, IP addresses, timestamps, and narratives about the user account. The reports are based on the provider’s analysis of the content and IP address that violated their policy.

If law enforcement wants to open an investigation, it will need to independently establish probable cause that a search warrant is warranted. While an IP address and account identifier are important in initiating the investigation, simply having this information is not enough to search someone’s home. Additionally, CyberTipline reports can be duplicates of reports already submitted to law enforcement, they may be false positives, or they may lack the necessary detail for investigators to be able to identify a user.

The CyberTipline is an online complaint center operated by NCMEC. The CyberTipline has received millions of reports, including more than 36.2 million reports during 2023 alone.

Why Were Devices Taken, but No Charges Filed?

Federal agents will sometimes search residential premises and seize a subject’s devices without executing an arrest warrant or making immediate charges. If federal law enforcement agents execute a search warrant, they will search for and seize devices they have probable cause to believe contain evidence of a federal computer crime. Even if agents have no reason to believe that immediate charges are necessary or warranted, they will still seize the devices in question, and the investigation will continue for as long as it takes for prosecutors to determine whether or not to press charges. The absence of immediate charges does not establish case closure.

How Long Can an Investigation Continue After Federal Agents Take Devices?

An investigation can continue for as long as the forensic laboratory that is reviewing the imaged devices takes to complete its review. If the laboratory is backed up and has other cases to examine, this can contribute to a delay in making a charging decision. The use of encryption can further delay the process, and this means that agents may need additional time to decrypt a device before they can see its contents.

However, prosecutors will not make an immediate charging decision even after the forensic lab results are returned because they need to decide whether there is evidence of specific violations. Forensic analysis can provide enough evidence for prosecutors to narrow their scope and decide not to pursue certain charges. It may even show that prosecutors should decline charges entirely, because the subject of the investigation may not have committed a crime.

While prosecutors evaluate whether to pursue charges, federal investigators can still continue their efforts to obtain additional evidence. If the forensic analysis reveals more information about the computer crime, this means prosecutors must re-examine their charging decisions. Even in this situation, federal investigators can continue to work on the case, as prosecutors still need to evaluate any evidence they obtain to decide whether they need to amend or drop any charges.

What Can Investigators Find on a Forensic Device Image?

When federal agents image a device, they will usually be able to recover a complete copy of everything that is stored on the device. This includes all files that have been saved, regardless of whether they were deleted. Even if the files were partially destroyed or modified, forensic analysts can often recover information about the files that the investigators are looking for.

This is the point at which most people call a lawyer. Spodek Law Group takes federal criminal defense cases nationwide from its New York and Los Angeles offices.

What makes a federal investigation take months or years?

What Makes Federal Investigations of Computer Crimes and Online Sexual Abuse Cases So Long?

Computer-related child exploitation cases often involve multiple devices. This means federal agents need to examine the devices, online accounts, cloud storage, network records, and any other information they can gather that may be relevant to their investigation. Due to the large volume of digital evidence that these devices can contain, these cases are often uniquely time-consuming.

What Are Some Factors That Can Significantly Delay a Charging Decision?

There are many factors that can contribute to a delay in determining whether criminal charges are warranted. These include, among others:

• Multiple devices. Seizing multiple devices can lengthen the time it takes for a laboratory to image and examine a subject’s computer.
• The complexity of the computer crime. The complexity of the crime involved can affect how much evidence is necessary to make a charging decision, as well as how long it takes to gather and review the evidence.
• Potential for production. If production is involved, investigators need to identify the victims to determine if they can charge the subject with distribution. If victims are in other jurisdictions, this can lengthen the timeline for making a charging decision.
• Third-party information. If the evidence that is necessary to prove a violation is held by third parties, this means that the time to obtain a search warrant will add to the investigation’s duration. If third parties are based in foreign jurisdictions, investigators need to seek assistance from foreign law enforcement agencies, which can take even longer.
• Multiple users. In cases where multiple people have access to a residence, investigators must use information obtained during the search and through other sources to attribute the files and accounts in question to a single person.
• Multiple law enforcement agencies. ICAC Task Forces involve multiple law enforcement agencies in one case. These agencies must coordinate their efforts, share evidence, and communicate their findings.
• The method of identification. While most ICAC cases are identified through CyberTipline reports, some cases are identified through monitoring of P2P networks. Monitoring reveals the files that are being offered from a particular IP address, but identifying the user involves locating the device that is linked to that IP address.

When Do Complaint Indictment and Speedy Trial Deadlines Start?

The Speedy Trial Act generally comes into operation after a defendant has been arrested or formally charged with a crime. While the act requires, for example, that “the indictment be obtained within 30 days after an arrest,” 18 U.S.C. 3161(b), the act generally does not impose any time limits on federal investigations.

Section 3161(b) is one example of the various deadlines that impose limits on the government’s conduct once a defendant has been arrested. For example, 18 U.S.C. 3161(c)(1) generally requires the trial of the case to be held within 70 days of the indictment or the defendant’s initial appearance. Again, however, these deadlines do not apply to the time it takes to conduct a pre-charge investigation.

When prosecutors determine that sufficient evidence to arrest a subject exists, prosecutors have various options. The U.S. Attorney’s Manual notes that prosecutors can arrest by criminal complaint and seek indictment later, but prosecutors can also “wait for a grand jury indictment before attempting to execute a warrant for the arrest of a suspect.” In most cases, the decision of whether to prosecute will be made after federal investigators finish their work. Therefore, while a complaint or indictment marks the start of the formal charging process, it does not mark the start of the federal investigation.

In many cases, a federal investigation can run for months or years before the subject of the investigation becomes aware of its existence. Once the subject is arrested or served with a summons, or appears before a judicial officer after an indictment or information, the Speedy Trial Act may impose time limits on the government’s next steps. As noted, for example, this includes the 30-day deadline for obtaining an indictment after an arrest under Section 3161(b) and the 70-day trial requirement under Section 3161(c)(1). For a defendant who has gone through several months of investigation, these limitations on the government’s time to pursue the case could be extremely important.

Can Federal Charges Be Brought Years After a Search Warrant Has Been Executed?

In most cases, the statute of limitations imposes a time limit on when prosecutors can pursue charges in federal court. However, while this is true for most cases, 18 U.S.C. 3299 exempts certain offenses. These include any felony violation of Chapter 110, including offenses involving computer-facilitated child exploitation. With a broad exception like this, the question of timing comes into play for other offenses, such as those involving distribution of material that contains explicit images of children.

What are the Implications of the Statute of Limitations?

Section 3282, which sets the general statute of limitations, provides that no person shall be prosecuted, tried, or punished for any non-capital offense unless the indictment is found or the information is instituted within five years next after such offense shall have been committed. But, while Section 3282 establishes when the government must seek an indictment, indictments can be filed after years of investigation. As federal statutes of limitations are measured against the date of the indictment rather than the date of a search warrant, prosecutors can use the time spent by investigators to build the strongest case possible before presenting it to the grand jury. An indictment filed within the statutory time period will preserve the government’s ability to pursue timely charges.

How Often Can a Superseding Indictment Affect a Case’s Limitation Period?

A superseding indictment is when prosecutors present additional or amended charges to a grand jury after the original indictment. While superseding indictments generally have no effect on the statute of limitations, if an indictment for a different offense is returned and if it is filed past the limitation period that applies to that offense, it can create an issue with timely charging.

When Does an Investigation Become the Statute of Limitations’ Priority?

As prosecutors and defense attorneys both explain, the statute of limitations is one of the most important factors of a defendant’s case. With that in mind, federal investigators are typically very cautious about providing status updates, as revealing information about how long an investigation has been open would compromise grand jury secrecy and give insight into the investigative team’s strategy.

Do Files from Years Ago Still Expose a Cyber Crime Risk?

Regardless of the age of the files, even if the user attempted to delete the files from their device, old files continue to expose a risk to users because digital matching values do not expire. When a file is uploaded, it gets matched with its matching value, so when investigators check a matching value of a specific file from years ago, it is still the same matching value today.

Can a Person Flee Prosecution?

While Section 3290 excludes time during which the subject was in another country, this means the time the subject has been outside the United States does not count against the statute of limitations period.

What Can a Lawyer Do While a Federal Child Exploitation Case is Pending?

What Is the Process for Obtaining Copies of the Subject’s Data and Devices?

If your devices are being held by federal agents, your lawyer can file a motion under Federal Rule of Criminal Procedure 41(g) to have your devices returned. To be successful with a motion under Rule 41(g), your lawyer will have to demonstrate a legal basis for the return of your property. Usually, this involves persuading the judge that the devices are not needed for the investigation and that you are entitled to have the property returned.

Can a Lawyer Use a Rule 41(g) Motion to Request Copies of the Data on Seized Devices?

Along with requesting the return of the device itself, your lawyer can also request a copy of all data that is not contraband or that is otherwise not prohibited from your device. While prosecutors can typically grant access to this data, if the device contains information related to your family members or employer, this may require additional approval or even a court hearing to determine whether you have the legal right to access the information.

What Can a Lawyer Do for the Subject of a Federal Child Exploitation Investigation During the Investigation?

When you hire a criminal defense lawyer for a federal child exploitation case, the most important thing he or she can do is get your side of the story. With this information in hand, your lawyer can then determine a strategy that is appropriate for your circumstances.

Along with helping with a potential criminal case, your lawyer can help with the following as well:

• Preservation of evidence. While federal investigators preserve evidence, this is not a given. This means that your lawyer can work on preserving any evidence that could help with your defense, including but not limited to, router logs, mobile device logs, records of your travel, and evidence of unauthorized access to your accounts.
• Identification of other users. In many cases, others have access to the devices in question. Identifying other lawful users of those devices can matter a lot before the decision of whether to file charges is made.
• Evaluation of forensic data. Your lawyer can hire a forensic expert to analyze your data, search-warrant, images, and any other evidence that is being generated by the prosecution. Your lawyer’s expert can look for evidence of malware, look at timestamps and other evidence of account access, and work to determine if the imaging procedure used by federal investigators followed a forensically sound process.
• Mitigation. If it turns out that charges will be filed, your lawyer can work with you to gather any information that could mitigate the subject’s criminal liability. This includes things like family and treatment history, psychiatric and mental-health records, and evidence of good character.
• Communication with prosecutors. While your lawyer will usually maintain communication with the prosecutors on your behalf, any questions you may have about the case should go through your lawyer so that you don’t accidentally provide information that could be used against you in court.

Get Advice on Your Situation

If you want someone to look at the specifics of your case, Spodek Law Group handles federal criminal defense nationwide from New York and Los Angeles. The firm has been practicing since 1976 and its motto is simple: we owe loyalty to only you. Call 212-300-5196.