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Date: 08-18-2021
Case Style:
Case Number: 3:20-cr-00292-CRB
Judge: Charles R. Breyer
Court: United States District Court for the Northern District of California (San Francisco County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: San Francisco, California criminal defense lawyer represented Defendant charged with charged with distribution of child pornography and cyberstalking.
Defendant possessed child pornography and cyberstalking in furtherance of a "sextortion" scheme stalking a minor victim.
Barry David Goldberg, 57, a resident of Cherry Hill, New Jersey, pleaded guilty to the charges on January 27, 2021. Goldberg admitted he used the internet to misrepresent himself as a minor to a 15-year-old. Goldberg manipulated his victim into sending him images and videos of her engaging in sexually explicit activities. Goldberg acknowledged that he knew at the time the victim was a minor. Goldberg also admitted that once he was in possession of the images and videos, he threatened to post on social media sexually explicit depictions of the minor female victim and to show the materials to her friends and family. Goldberg eventually did post images of the victim on Snapchat and communicated with the minor victim's parents about the sexually explicit photos and videos he had of the minor victim. Goldberg admitted that he did all this intending to injure, harass, and intimidate the minor victim and that he knew his conduct would cause substantial emotional distress.
A further description of Goldberg’s conduct appears in documents filed by the government in the case. In its sentencing memorandum, the government detailed how Goldberg sent to his victim a photo of a random boy he downloaded from the internet to convince her of his false identity. Once Goldberg obtained sexually explicit pictures of his victim, he told her he would disclose her sexual behavior to others including her parents, her high school, and the colleges to which she was applying. Goldberg also created multiple Snapchat usernames, began befriending the victim's schoolmates and friends, and then posted on Snapchat numerous sexually explicit photos and videos of the victim.
Goldberg was charged with distribution of child pornography, in violation of 18 U.S.C. §§ 2252(a)(2) and (b), and cyberstalking, in violation of 18 U.S.C. § 2261A (2). He pleaded guilty to both counts.
In addition to the prison term, Judge Breyer also ordered defendant to serve a 10-year period of supervised release. Judge Breyer ordered the defendant to surrender on or before October 20, 2021, to begin serving his prison term.
Assistant U.S. Attorney Andrew Paulson is prosecuting the case with the assistance of Jasmine Sanders. The prosecution is the result of an investigation by the FBI.
18 U.S.C. §§ 2252(a)(2) and (b) - Distribution of Child Pornography
(1)
18 U.S.C § 2261A(2)(B) - Cyberstalking
(2)
Outcome: Defendant sentenced to the Bureau of Prisons to a term of 120 months on Count 1 and 60 months on Count 2 to run concurrently. Supervised Release for a term of 10 years on Count 1 and 3 years on Count 2 to run concurrently. Special assessment of $200. Fine waived. Refer to Judgment for additional information.
Plaintiff's Experts:
Defendant's Experts:
Comments: