A federal jury in Lafayette has convicted David Lee Fail, 43, formerly of Abbeville, on charges related to transportation and possession of child pornography. Acting United States Attorney Alexander C. Van Hook announced the verdict.
Evidence presented during the trial showed that Fail uploaded pornographic images of prepubescent children to a widely used cloud-based storage account while residing in Abbeville in 2021. The investigation began after the National Center for Missing and Exploited Children (NCMEC) received a cybertip in December 2021 regarding the upload of child sexual abuse material using a specific IP address.
The Louisiana Bureau of Investigation and Homeland Security Investigations (HSI), part of the U.S. Department of Homeland Security, led the inquiry. Authorities discovered that Fail had two prior convictions for similar child exploitation offenses.
Further investigation established that the online storage account was registered under Fail’s name and had been recently disabled. Afterward, Fail moved from Abbeville to Denver, Colorado. Law enforcement obtained search warrants for his accounts and found more than 150 images depicting child sexual abuse material, including many showing prepubescent females with adult males.
Fail could receive up to 40 years in prison for transporting child pornography and up to 20 years for possessing it, along with a possible $250,000 fine. Sentencing is set for December 9, 2025.
Assistant United States Attorneys Craig R. Bordelon and J. Luke Walker prosecuted the case.
According to NCMEC, child sexual abuse material documents victims’ exploitation and abuse; victims are revictimized each time these images are viewed or shared. In 2023 alone, NCMEC received 36 million reports concerning possession, manufacture, or distribution of such materials. Reports can be filed at https://report.cybertip.org or by calling 1-800-843-5678.
“Child sexual abuse material – referred to in legal terms as 'child pornography' – captures the sexual abuse and exploitation of children. These images document victims’ exploitation and abuse, and they suffer revictimization every time the images are viewed,” according to information provided in connection with this case.
