A federal grand jury in Maryland has indicted Brian Anthony Gilbert, age 33, of District Heights, Maryland, on the federal charges of production, distribution, and possession of child pornography. The indictment was returned on November 2, 2020 and Gilbert had his initial appearance in U.S. District Court in Greenbelt today. At today’s initial appearance, U.S. Magistrate Judge Charles B. Day ordered that Gilbert be detained pending trial.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Assistant Attorney General Brian C. Rabbitt of the U.S. Justice Department’s Criminal Division; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Interim Chief Hector Velez of the Prince George’s County Police Department; and Prince George’s County State’s Attorney Aisha N. Braveboy.
According to the nine-count indictment, between December 28, 2018, and September 10, 2020, Gilbert sexually exploited minor Victim 1, and between January 3, 2019, and September 10, 2020, Gilbert sexually exploited minor Victim 2, in order to produce visual depictions of the children engaged in sexually explicit conduct. On August 26, 2020 and August 29, 2020, Gilbert allegedly distributed visual depictions documenting the sexual abuse of children. Finally, as alleged in the indictment, on September 11, 2020, Gilbert possessed visual depictions of children engaged in sexually explicit conduct, including a prepubescent minor and a minor under 12 years of age.
If convicted, Gilbert faces a mandatory minimum of 15 years and a maximum sentence of 30 years in federal prison for each of the six counts of production of child pornography; a mandatory minimum of five years in prison and a maximum of 20 years in federal prison for each of the two counts of distribution of child pornography; and a maximum of 20 years in federal prison for the possession of child pornography involving a prepubescent minor and a minor under 12 years of age. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Robert K. Hur and Acting Assistant Attorney General Brian C. Rabbitt commended the FBI, the Prince George’s County Police Department, and the Prince George’s County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Leah Grossi and Trial Attorney Jessica L. Urban of the Justice Department’s Child Exploitation and Obscenity Section, who are prosecuting the federal case.