ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Gary Zeitvogel, 45, of Gates, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a minimum term of 5 years imprisonment, a maximum term of 20 years imprisonment, a period of supervised release of at least 5 years and up to life, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that the National Center for Missing and Exploited Children (NCMEC) received a cybertip from Facebook.com in June 2019, in which Facebook reported that Zeitvogel appeared to be engaged in sexually explicit conversations with a 15 year-old female. Utilizing information provided by Facebook, NCMEC was able to determine that Zeitvogel and the minor victim were both located in Rochester, NY. NCMEC forwarded the tip to the New York State Police (NYSP), who located the victim and determined that Zeitvogel was already serving a term of probation with the Monroe County Probation Department. Zeitvogel’s probation followed his conviction for Endangering the Welfare of a Child, in which it was alleged that Zeitvogel had allegedly masturbated in front of a child that he was babysitting.
On July 1, 2019, Monroe County Probation Officers, accompanied by Investigators from the NYSP, searched Zeitvogel’s home in Gates. Zeitvogel was found to be in possession of a cell phone, which, in violation of his probation conditions, contained the Facebook application. Zeitvogel was taken into custody at that time. The NYSP later took custody of the phone and executed a search warrant for both the phone and Zeitvogel’s Facebook account. On the phone, the NYSP observed over 1,500 images of child pornography, some of which depicted prepubescent minors, as well as child pornography depicting the minor victim. Zeitvogel’s Facebook account also revealed that he had engaged in sexually explicit conversations with the minor from at least March 2019 through June 2019, and that the two had been in contact at Zeitvogel’s home. The investigation is ongoing and additional charges may be forthcoming.
The defendant made an initial appearance today before United States Magistrate Judge Marian W. Payson, and is being held without bail.
The criminal complaint is the result of an investigation by the National Center for Missing and Exploited Children; the New York State Police, under the direction of Major Edward Kennedy; Monroe County Child Protective Services; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. #
Source: U.S. Department of Justice, Office of the United States Attorneys
