Case 2:17-cr-00067-RAJ-DEM Document 10 Filed 04/20/17 Page 1 of 7 PageID#

FILED42
BIQPENCOURT

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA 'Cp37BISTRlCT^OURT
NORFOl \< t/fl
Norfolk Division

UNITED STATES OF AMERICA

Criminal No. 2:17cr (9?

V.

18 U.S.C. 2251(a) and (e)

Production of Child Pornography
GREGORY KYLE SEEEa)EN, (Count One)

18 U.S.C. 2252A(a)(l) and (b)(1)

Defendant. Transportation of Child Pornography
(Counts Two and Three)

18 U.S.C. 2252A(a)(5)(B) and (b)(2)

Possession of Child Pornography
(Count Four)

18 U.S.C. 2253
Criminal Forfeiture

INDICTMENT

April 2017 Term -- At Norfolk, Virginia

COUNT ONE

THE GRAND JURY CHARGES THAT:

On or about January 1, 2017, in the Eastern District of Virginia, and elsewhere, the

defendant, GREGORY KYLE SEERDEN, did employ, use, persuade, induce, entice, and coerce

a minor, Jane Doe, to engage in sexually explicit conduct for the purpose of producing a visual

depiction of such conduct, and such visual depictions were produced using materials that had

been mailed, shipped, and transported in interstate and foreign commerce by any means,

including by computer, and GREGORY KYLE SEERDEN knew and had reason to know that

such visual depiction would be, and later was, transported by him in interstate commerce from

outside of Virginia into the Eastern District of Virginia.

(In violation of Title 18, United States Code, Sections 2251(a) and (e).)
Case 2:17-cr-00067-RAJ-DEM Document 10 Filed 04/20/17 Page 2 of 7 PageID# 43

COUNT TWO

THE GRAND JURY FURTHER CHARGES THAT:

On or about January 21,2017, within the Eastern District of Virginia and elsewhere, the

defendant, GREGORY KYLE SEERDEN, knowingly transported, using a means and facility of

interstate and foreign commerce, and in and affecting interstate and foreign commerce by any

means, including by computer, child pornography; to wit, GREGORY KYLE SEERDEN

knowingly transported electronic files named "video.mov," "videol.mov," "video2.mov," and

"video3.mov."

(In violation of Title 18, United States Code, Sections 2252A(a)(l) and (b)(1), and
2256(8)(A).)
Case 2:17-cr-00067-RAJ-DEM Document 10 Filed 04/20/17 Page 3 of 7 PageID# 44

COUNT THREE

THE GRAND JURY FURTHER CHARGES THAT:

On or about January 21,2017, within the Eastern District of Virginia and elsewhere, the

defendant, GREGORY KYLE SEERDEN, knowingly transported, using a means and facility of

interstate and foreign commerce, and in and affecting interstate and foreign commerce by any

means, including by computer, child pornography; to wit, GREGORY KYLE SEERDEN

knowingly transported electronic files named "img4.jpg," "imgl l.jpg," "imgl8.jpg," and

"img45.jpg."

(In violation of Title 18, United States Code, Sections 2252A(a)(l) and (b)(1), and
2256(8)(A).)
Case 2:17-cr-00067-RAJ-DEM Document 10 Filed 04/20/17 Page 4 of 7 PageID# 45

COUNT FOUR

THE GRAND JURY FURTHER CHARGES THAT:

On or about January 27, 2017, in the Eastern District of Virginia, the defendant,

GREGORY KYLE SEERDEN, did knowingly possess material which contained images of child

pornography, that had been shipped and transported using a means and facility of interstate and

foreign commerce and in and affecting interstate and foreign commerce by any means, including

by computer, and that was produced using materials that had been mailed, shipped, and

transported in and affecting interstate and foreign commerce, including by computer, and the

child pornography involved a prepubescent minor who had not attained the age of 12 years of

age; to wit, GREGORY KYLE SEERDEN did knowingly possess a white IPhone 7, Model

Number A1660, containing images of child pornography.

(In violation of Title 18, United States Code, Sections 2252A(a)(5)(B) and (b)(2), and
2256(8)(A).)
Case 2:17-cr-00067-RAJ-DEM Document 10 Filed 04/20/17 Page 5 of 7 PageID# 46

CRIMINAL FORFEITURE

THE GRAND JURY FURTHER ALLEGES AND FINDS PROBABLE CAUSE THAT:

A. Defendant GREGORY KYLE SEERDEN, upon conviction of one or more counts

in this Indictment,as part of the sentencing ofthe defendant pursuant to Fed.R.Crim.P. 32.2,

shall forfeit to the United States;

1. Any and all matter which contains child pornography or any visual depiction

described in Title 18, United States Code, Sections 2251,2251A, 2252,2252A, 2252B, or 2260

produced,transported, mailed, shipped, distributed or receivedin violation of Title 18, United

States Code, Section 2251 et seq.;

2. Any and all property, real and personal, used or intended to be used in any

manner or part to commit or to promote the commission of violations of Title 18, United States

Code, Section 2251 et seq., and any property traceable to such property;

3. Any and all property, real and personal, constituting, derived from, or

traceable to gross profits or other proceeds obtained from the violations ofTitle 18, United States

Code, Section 2251 et seq.\ and

4. Any other property of the defendant, up to the value of the property subject to

forfeiture, if any property subject to forfeiture, as a result of any act or omission of the defendant

(a) cannot be located upon the exercise of due diligence, (b) has been transferred to, sold to, or

deposited with a third party, (c) has been placed beyond the jurisdiction ofthe Court, (d) has

been substantially diminished in value, or (e) has been commingled with other property that

carmot be divided without difficulty.

Case 2:17-cr-00067-RAJ-DEM Document 10 Filed 04/20/17 Page 6 of 7 PageID# 47

B. The property subject to forfeiture under Paragraph A includes, but is not limited

to, the following items:

1. One (1) white iPhone 7, Model Number A1660, serial number F4GSF2JTHG77.

(All pursuant to Title 18, United States Code, Sections 2253 and Title 21, United States Code,
Section 853(p).)
Case 2:17-cr-00067-RAJ-DEM Document 10 Filed 04/20/17 Page 7 of 7 PageID# 48

Sealed Pursuant to the

I rr =-GovernmentActof2002
United States v. SEERDEN, 2:17cr ^
A TRUE BILL:

REDACTED COPY

FOREPERSON

DANA J. BOENTE
UNITED STATES ATTORNEY

David A. Layne T
Special Assistant United States Attorney
United States Attorney's Office
World Trade Center, Suite 8000
101 W. Main Street
Norfolk, Virginia 23510
Office Number: 757-441-6331
Fax Number: 757-441-6689
E-Mail Address - david.]avne@,usdoi.gov

By:.
Elizabeth M?
Assistant United States Attorney
United States Attorney's Office
World Trade Center, Suite 8000
101 W. Main Street
Norfolk, Virginia 23510
Office Number: 757-441-6331
Fax Number: 757-441-6689
E-Mail Address - elizabeth.vTJsi@,usdoi.gov
 Case 2:17-cr-00067-RAJ-DEM Document 10-1 Filed 04/20/17 Page 1 of 1 PageID# 49

REDACTED
JS 45 (11/2002)
Criminal Case Cover Sheet U.S. District Court

Place of Offense: Under Seal: Yes No El Judge Assigned;

Citv: EDVA Superseding Indictment: Criminal Number; 2:17cr VW
County/Parish: Same Defendant: New Defendant:

Magistrate Judge Case Number: Arraignment Date:

Search Warrant Case Number:
R 20/R 40 from District of
Defendant Information:

Juvenile: Yes No S FBI#:

Defendant Name: Gregory Kyle Seerden Alias Name(s);
Address: San Diego, CA
Employment: US Nav^
Birth Date: 1986 SS#; xxx/xx/6482 Sex: Race: Nationality: Place of Birth:
Height: Weight; Hair: Eyes: Scars/Tattoos:

Interpreter: Yes No lEI List Language and/or dialect:

Location Status;

Arrest Date:

IE! Already in Federal Custody as of: 04/03 /2017 in: San Dieco. CA

Already in State Custody On Pretrial Release Not in Custody

G Arrest Warrant Requested Fugitive Summons Requested

Arrest Warrant Pending ^ DetentionSought Bond

Name: Court Appointed

Address: Retained

Telephone: Public Defender

office of Federal Public Defendershould not be appointed due to conflict of interest

CJA attomev: should not be aooointed due to conflict of

interest

U.S. Attorney Information:

SAUSA David Layne Telephone No. 757-441-6331 CO Bar#: 47989

Complainant Aeencv. Address & Phone Number or Person & Title:

Naval Criminal Investigative Service - 1329 Bellinger Boulevard, Norfolk, 23511 (757) 444-7329 SA Christi Pickett
U.S.C. Citations;

Code/Section Description of Offense Charged Count(s) Capital/Felony/Misd/Petty

Set 1 18U.S.C.225Ua)and(c) Production of Child Pornography 1 Felony

18U.S.C.2252A(a)(l)and Transportation of Child
Set 2 (b)(1) Pornography 2-3 Felony
18 U.S.C. 2252A(a)(5)(B)
Set 3 and (b)(2) Possession of Child Pornography 4 Felony