April 21, 2008

ORINDA MAN CHARGED WITH CHILD SEX TOURISM AND CHILD PORNOGRAPHY VIOLATIONS

Mortgage Finance Expert Now Considered a Fugitive

OAKLAND – United States Attorney Joseph P. Russoniello announced that a criminal complaint was issued charging Leonard B. Auerbach, 61, of Orinda, California, with traveling internationally for the purpose of engaging in sexual acts with a minor (also known as “child sex tourism”), in violation of 18 U.S.C. § 2423(b), and transporting and possessing child pornography, in violation of 18 U.S.C. § 2252A. According to the affidavit in support of the criminal complaint, Mr. Auerbach is now considered a fugitive from justice. A warrant has been issued for his arrest.

According to the affidavit, Mr. Auerbach traveled approximately 40 times to Costa Rica between 2003 and 2007. Federal agents executed search warrants at Mr. Auerbach’s Orinda home in August 2007. The affidavit states that child pornography recovered from Mr. Auerbach’s home contained embedded data indicating that the photographs were taken at least as early as September 2004, when the child depicted in the photographs was 12 years old. The affidavit further states that the data indicating when the pornographic photographs were taken corresponds with at least ten trips taken by Mr. Auerbach to Costa Rica between September 2004 and April 2007.

The affidavit also quotes from a conversation that was secretly recorded in July 2007 where Mr. Auerbach refers to his “girlfriend,” acknowledges her age, comments on pictures that he has taken of the child when “her clothes are off or half on,” and refers to having sex with the child.

Mr. Auerbach was scheduled to appear in U.S. District Court for arraignment on Wednesday, April 9, 2008. Mr. Auerbach never appeared for court and his whereabouts are unknown. According to the affidavit, Auerbach is considered a fugitive from justice.

The maximum statutory penalty for sex tourism in violation of 18 U.S.C. § 2423(b) is 30 years imprisonment and a $250,000 fine. The maximum statutory penalty for transporting child pornography in violation of 18 U.S.C. § 2252A(a)(1) is 20 years, with a 5-year mandatory minimum sentence, and a $250,000 fine. The maximum statutory penalty for possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5) is 10 years imprisonment and a $250,000 fine. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

An affidavit in support of a criminal complaint contains only allegations against an individual and, as with all defendants, Mr. Auerbach must be presumed innocent unless and until proven guilty.

This case is being investigated by U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security. Andrew S. Huang is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Lead Legal Assistant Cynthia Daniel.

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For more information on federal criminal defense law, contact the Law Offices of Joseph Shemaria of Los Angeles, California.