Recently in Child Trafficking and Exploitation Category

Last December, I covered the story of Theodore Sypnier, a 100-year-old child molester who was released from prison denying that he ever harmed any children. Well apparently he believed in what he said so much that he violated parole and was returned to the clink for failing to attend sex offender classes.

This just in from SkunkPost.com:

It isn’t every day that a 100-year-old man is sentenced to prison.

But not too many 100-year-old men are convicted pedophiles.

Theodore Sypnier is. You may remember, last year when he was released from prison and sent to a halfway house in Buffalo it sparked a huge controversy….including concern he would molest again. His own daughter…who says he molested her as a child… was among those who expressed that concern.

Well, no one needs to worry about that….possibly ever again. Today Sypnier was sentenced to two more years in prison….and since he’ll be nearly 103 by then….chances are very good this amounts to a life sentence.

Why is he going back? Fortunately, not for committing another crime. Instead, he violated his parole. He refused to attend sex offender classes. That refusal shouldn’t have come as a surprise…since Sypnier insisted he never molested any children and didn’t need any counseling.

On the other hand, police say he molested children for decades in Buffalo and the Town of Tonawanda. He was first convicted of a sex crime in 1978, and his most recent sentence was for molesting two young Tonawanda girls when he was 90.

Thank goodness for the power of one's own convictions. Hopefully this time Sypnier's sentence will be for life.

The National Association to PROTECT Children, which describes itself as "a national pro-child, anti-crime membership association. . . . committed to building a powerful, nonpartisan force for the protection of children from abuse, exploitation and neglect," recently issued this rare rebuke of the National Center for Missing and Exploited Children:

The National Center for Missing and Exploited Children (NCMEC) paid its CEO over $1.3 million in salary and compensation in 2008, the St. Petersburg Times reported last week, in an article now drawing fire from the group.

"In 2008, the latest year for which records are available, [Ernie] Allen made $511,069 as head of the center and its international affiliate. He also received $787,126 in deferred compensation and underfunded retirement benefits, as well as $46,382 in nontaxable benefits — a total of $1,344,567," reports Susan Taylor Martin, a veteran investigative reporter.

NCMEC claims that the additional $787,126 it paid Allen in 2008 was for "retirement benefits that have accumulated for more than 20 years." Martin also reports that "the center's 350 employees include 11 who are paid more than $125,000."

Martin asked Sandra Mioniutti of Charity Navigator, which calls itself, "the nation's largest and most-utilized evaluator of charities," about NCMEC's practices. "I think it doesn't pass the smell test with donors... said Mioniutti. "It's very hard for people to wrap their arms around huge salaries, especially right now when we're in a recession.''

The article provoked a rare official response on the issue from the National Center.

"Mr. Allen’s involvement with NCMEC goes beyond the traditional CEO. He was one of the co-founders of both NCMEC and ICMEC. Mr. Allen serves as the full-time chief executive and manages two nonprofit organizations with separate boards of directors, one domestic and one global, and he played a significant role in building both organizations," NCMEC says in the statement on its website. (For a list of the NCMEC Board of Directors, click here.)

"Key facts and information that were provided to Ms. Martin were omitted and the resulting story contained inaccurate and misleading information," claims NCMEC.

Government Salary?

A second issue raised by the St. Petersburg Times is also provoking a defensive response from the Center. The paper's story runs under the headline, "Quasi-governmental missing kids center enjoys key exemptions from federal rules," raising questions about NCMEC's legal status and salaries that dwarf normal government pay scales. Allen's base salary of $511,069 is greater than President Obama's, and nearly three times the salary for a U.S. Senator (source).

"The National Center for Missing & Exploited Children (NCMEC) is not a government agency..." responds the group. "NCMEC is a 501(c)(3) nonprofit organization. It is an information clearinghouse. It assists law enforcement, but does not engage in law enforcement action itself." At NCMEC's 20th anniversary "Tribute to President Ronald Reagan" in 2004, the agency described itself as "a public-private partnership, taking the best of both worlds to better protect America's children."

But NCMEC's legal status is not that simple.

Often referred to as "Congress' Nonprofit," NCMEC operates in a gray area between government and the private sector. Attorney and author Andrew Vachss (a PROTECT National Advisory Board member) calls the agency "the Blackwater of Child Protection."

"Why should we be outsourcing what the government's supposed to do in child protection?" asks Vachss. "Why should this be in private hands?"

By special statutory authority, the ostensibly private Center has access to secure law enforcement databases, warehouses illegal child pornography images and even has federal agents working under its roof. Federal law also gives NCMEC the power to compel private industry to deliver evidence of suspected online crimes, which is then forwarded to law enforcement, effectively making the Center an operational middle man in thousands of criminal investigations.

NCMEC's power and funding have often come at the expense of law enforcement, as Congress starves law enforcement agencies while funding the Center lavishly. When NCMEC took over a critical child pornography database for identifying victims from the FBI, Bureau officials explained sheepishly that "they had the people and we didn't." However, NCMEC says in its official statement that it "is not subject to the Freedom of Information Act (FOIA)," making it impossible for citizens to determine how effectively or quickly thousands of child victims are now being searched for, identified and located.

Many in the law enforcement world resent the power and funding Congress has given to NCMEC and fear its political influence. "I'd rather piss on a Mafia boss' shoes than piss off NCMEC," one former child pornography investigator told PROTECT. That sentiment is whispered among law enforcement nationwide.

Scrutiny Unlikely

It's unlikely, however, that revelations of NCMEC salaries will trigger official action against a massive agency that one top Justice Department official recently called politically "wired."

"It's widely understood on Capitol Hill that openly criticizing or challenging NCMEC is off-limits," says PROTECT executive director Grier Weeks. "Their untouchable status weakened a little after the Foley scandal [Rep. Mark Foley headed NCMEC's Missing and Exploited Children's Caucus], but criticism is still spoken in code and prefaced with effusive disclaimers.

"As far as expecting low- or mid-level bureaucrats at Justice to challenge the Center on issues like million-dollar salaries, forget about it."

NCMEC operates under a $30 million annual "cooperative agreement" with the U.S. Department of Justice. It raises approximately $10 million more a year from private entities, including companies that it has quasi-regulatory power over (see Microsoft settlement, Cuomo prosecution threat).

"The question raised by the St. Petersburg Times is not so much about NCMEC's accountability," says Weeks. "That is what it is. This is about the federal government's accountability. It would be hard to argue at this point that NCMEC is not a re-branded government agency operating outside the bounds of normal government accountability--one free to aggressively influence the political, legislative and budgetary process."

Broadcast today on The Kojo Nnamdi Show on WAMU in Washington, DC:

Traditionally, courts have punished those convicted of possessing child pornography with heavy jail time. But in a growing trend, victims are demanding that offenders pay restitution too. The approach is generating debate about how far courts can go in punishing people who are caught with pornography, but aren't the direct perpetrators of the crime.

Listen to the re-broadcast here.

In two separate stories today, the Los Angeles Times and ABCNews.com consider the issue of restitution for victims of child pornography and contribute new information to the debate (which still to me doesn't seem like much of a debate):

From the LATimes:

The issue of criminal restitution in child pornography possession cases emerged last February in Connecticut when a federal judge said he would order a man convicted of possessing and distributing child pornography to pay about $200,000 to Amy. The judge said it was the first criminal case in which someone convicted of possessing illegal images — but not creating them — would be required to pay restitution.

Since then, requests for restitution have picked up as more victims are identified — and as a couple of victims, including Amy, have hired attorneys, said Meg Garvin, executive director of the National Crime Victim Law Institute in Portland, Ore.

Hundreds of requests have been filed nationwide, most of them by Amy's attorney, James Marsh of New York. Marsh said that as recently as five years ago, restitution would have been impossible because victims wouldn't have known when someone was caught with an image of them. The Crime Victims Rights Act of 2004 set up a system for notifying the victims. Now, Marsh gets several notices a day on behalf of Amy.

Marie Failinger, a Hamline Law School professor, said allowing restitution in criminal cases is important because many victims don't have the resources to pursue civil cases. She predicted it would take three to five years for courts to figure out a consistent way to handle requests for criminal restitution.

Meanwhile, victims' advocates see criminal restitution as one more tool for fighting child porn.

"The people who engage in this stuff need to be held accountable, even if they are not the person who is raping the child," said Ernie Allen, president of the National Center for Missing and Exploited Children. "People who are distributing this stuff, people who are downloading this stuff — when they do that, there's a victim, and there's a real harm."

From ABCNews.com:

Not every jurisdiction agrees with the heavy court-ordered payments for those who view such images. Some judges have said restitution goes too far in punishing pedophiles whose only crime is to view photos, but Amy's lawyer, James Marsh, disagrees, saying the brutality in the "secret society" of child pornography requires tough measures.

"This is not 13-year-olds in bras or sexting or 17-year-old girls gone wild -- these are kids who are raped," said Marsh, a New York City lawyer.

"In one notorious set of images, the father used to put a studded collar around his 6-year-old and wrote on her in what looked like blood, 'I am Daddy's little girl, rape me.' He locked her in a dog cage," he told ABCNews.com.

Marsh is now seeking restitution in 350 cases that involve photos of Amy, through automated filings to the United States attorneys handling the cases.

In 1995, Marsh helped update a federal law that gives victims the right to sue anyone who produces, distributes or possess their child sex abuse images. It now provides statutory damages of $150,000 for each violation of federal child pornography provisions and was incorporated into the Adam Walsh Child Protection and Safety Act and signed by President Bush 2006.

"There is a misunderstanding of the crime, that it's photos of girls in bathing suits running around the sprinkler," said Marsh. "And people think pictures are not a big deal, it's just another greedy lawyer coming to cash in. But they don't understand the true nature of these criminal syndicates or the experience of the victim. For me, it's a no-brainer."

To read both of these excellent stories, visit the LA Times and ABCNews.com.

From Wednesday's New York Times:

When Amy was a little girl, her uncle made her famous in the worst way: as a star in the netherworld of child pornography. Photographs and videos known as “the Misty series” depicting her abuse have circulated on the Internet for more than 10 years, and often turn up in the collections of those arrested for possession of illegal images.

Now, with the help of an inventive lawyer, the young woman known as Amy — her real name has been withheld in court to prevent harassment — is fighting back.

Read the complete story here.

Look who's back! Was it adoption for love? Child trafficking via surrogacy? Or something else? The bizarre case of birdman Stephen Melinger is back in the news, this time in a New York Times article on the perils and pitfalls of surrogacy. Do check out this story in the Times, but just remember from Melinger to womb outsourcing, snowflake adoptions and sperm donor introductions for lesbians, this blog gave you the scoop first.

For those of you who believe in the power of rehabilitation, or that age conquers the irresistible impulse to exploit and abuse children, or for the liberal horde who expressed indignant outrage at the prospect of the death penalty for child sex abusers, this one's for you:

According to the Huffington Post, Theodore Sypnier, a 100-year-old child molester who will soon be released from prison, has an "unrepentant heart" and continues to deny that he ever harmed any children.

New York's oldest registered sex offender is scheduled to move by week's end out of a Buffalo halfway house for released inmates and into a place of his own, after completing his latest term in state prison for molesting little girls.

The judge who sentenced him said at the time that she expected him to die behind bars.

But 10 years after his last arrest, as Sypnier prepared to shed the closely monitored lifestyle of the halfway house, its director warned that the spry and active Sypnier has not changed from the manipulator who used his grandfatherly charm to snare and rape victims as young as 4.

"Whether he's 100 or 101 or 105, the same person that was committing these crimes 10, 25, 30 years ago still exists today and has an unrepentant heart," said the Rev. Terry King, director of Grace House, which has twice taken Sypnier in from prison. "He is someone that we as parents, as members of the community, any community, really need to fear."

Six months after marking his 100th birthday in the Groveland Correctional Facility - becoming the first New York inmate to reach the milestone while incarcerated - the retired telephone company worker now says he wants to get to know the youngest members of a family that has disowned him.

Being grandfatherly was how the 5-foot-5, 150-pound Sypnier found his victims, authorities say. After his most recent arrest at age 90 on charges of raping and sodomizing a 4-year-old girl and her 7-year-old sister, his neighbors in the suburb of Tonawanda recalled what appeared to be a kindly Sypnier offering rides to adults, handing out money to children so they could buy candy, and baby-sitting.

The victimized sisters called him "Grandpa," their mother said at the time, adding that it "was a total shock" when police showed her sexually explicit pictures of her girls found in Sypnier's apartment.

Sypnier's convictions date to 1987, when he was given three years' probation for sex abuse. He spent a year in prison for sexually abusing a minor in 1994. His neighbors in Tonawanda never knew of Sypnier's background because he was convicted before the adoption of laws requiring sex offenders to register with police.

But Sypnier says he is the victim of a miscarriage of justice, despite twice pleading guilty in the case involving the sisters.

"Those children crawled into bed with me because they were frightened, but there was never any sexual hanky-panky," Sypnier told the Buffalo News.

Sypnier initially pleaded guilty in 2000 to two counts of rape, 15 counts of sodomy and endangering the welfare of a child for molesting the Tonawanda girls, as well as three in Buffalo. An appeals court threw out the conviction in 2002 after Sypnier claimed he was confused at the time, leading to another plea the following year to a lesser charge.

In sentencing Sypnier to as many as 10 years in prison, state Supreme Court Justice Penny Wolfgang told him she expected he would spend the rest of his life behind bars.

"The sheer notion of him wandering the streets unattended or unsupervised is a scary proposition," King said.

On Monday, a federal district judge in the Eastern District of Texas issued a memorandum opinion and order denying restitution to a now 20-year-old woman known as "Amy" in the case of a defendant who downloaded and possessed her images.

The Court’s decision is a serious set-back for victims of child pornography like Amy in their effort to obtain just and timely restitution for the ongoing crimes perpetrated against them. How can we, as a country, justify awarding tens of thousands of dollars in damages to record companies for downloading a single song, while criminals who exploit children pay nothing?

For over 30 years, Congress and the Supreme Court have recognized that victims of child pornography experience significant life-long harm by individuals like the defendant in this case who trade and possess images of their rape, abuse and humiliation.

It is now up to Congress, the Fifth Circuit Court of Appeals, and the United States Supreme Court to decide this issue in the interest of children like Amy and the American people who have little tolerance for these crimes and the abuse and exploitation of our nation’s young people.

For coverage of this case see the Tyler Morning Telegraph

Further background can be found here.

Last spring there was a great deal of controversy about Oscar winning film director Roman Polanski's long running attempt to escape justice for his 1977 rape of a 13 year old girl. Back in February, Salon.com published an excellent review of the case and a recently released documentary film about the case. On Saturday, Polanski was jailed in Switzerland on an international warrant as he arrived in Zurich to receive a lifetime achievement award from a film festival.

An international tug-of-war over the 76-year-old director escalated today as France and Poland urged Switzerland to free him on bail and pressed U.S. officials all the way up to Secretary of State Hillary Clinton on the case.

Authorities in Los Angeles consider Polanski a "convicted felon and fugitive." The director pleaded guilty to unlawful sexual intercourse in 1977 with a 13-year-old girl. He was sent to prison for 42 days but then the judge tried to renege on the plea bargain. On the day of his sentencing in 1978, aware the judge would sentence him to more prison time, Polanski fled to France.

French Foreign Minister Bernard Kouchner said he hoped Polanski could be quickly freed by the Swiss, calling the apprehension a "bit sinister." He and his Polish counterpart Radek Sikorski wrote to Secretary of State Hillary Clinton and called Swiss Foreign Minister Micheline Calmy-Rey about the case.

"(Polanski was) thrown to the lions," said French Pedophile Minister Frederic Mitterrand. "In the same way that there is a generous America that we like, there is also a scary America that has just shown its face."

Polanski seems most likely to spend several months in detention, unless he agrees to forgo any challenge to his extradition to the United States. Under a 1990 accord between Switzerland and the U.S., Washington has 60 days to submit a formal request for his transfer.

The Swiss Justice Ministry insisted Sunday that politics played no role in its arrest order for Polanski, who lives in France but has spent much time at a chalet in the luxury Swiss resort of Gstaad. The court theoretically could confine Polanski to his Gstaad chalet, but up to now there has never been a case of house arrest in such a situation.

The U.S. has had an outstanding warrant on Polanski since 1978, but the Swiss said American authorities have sought the arrest of the director around the world only since 2005.

His victim, Samantha Geimer, who long ago identified herself, has joined in Polanski's bid for dismissal, saying she wants the case to be over. She sued Polanski and reached an undisclosed settlement.

A native of France who was taken to Poland by his parents, Polanski escaped Krakow's Jewish ghetto as a child during World War II and lived off the charity of strangers. His mother died at the Nazis' Auschwitz death camp.

The arrest prompted angry criticism from fellow filmmakers and actors across Europe.

"It seems inadmissible ... that an international cultural evening, paying homage to one of the greatest contemporary filmmakers, is used by police to apprehend him," says a petition circulating in France and signed by artists including Costa Gavras, Stefen Frears and Monica Bellucci.

Oscar-winning director Andrzej Wajda and other Polish filmmakers also appealed for Polanski's immediate release.

"(He has) atoned for the sins of his young years," Jacek Bromski, head of the Polish Filmmakers Association, told The AP. "He has paid for it by not being able to enter the U.S. and in his professional life he has paid for it by not being able to make films in Hollywood."

More on tihs story:

LA prosecutors: Polanski efforts go back decades

Polanski arrest draws cheers and jeers in Europe

France rallies to Polanski's defence while Hollywood watches

Legislators call for DA's removal after OK pedophile gets 1 year in jail in plea deal for raping a 4 year old girl Link

Editorial "seldom is there a reason not to impose maximum penalties on [child] predators" who scar victims forever Link

Arlington county bar director / lawyer caught in child sex sting disbarred by DC COA & will serve 1 year in prison Link