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Man convicted in child porn case ordered to pay restitution to victim

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news Jamestown, 58401
Jamestown Sun
701-251-2873 customer support
Jamestown North Dakota 121 3rd St NW 58401

FARGO — A federal judge here has ordered a man convicted of possessing child pornography to pay restitution to a victim depicted in the material.

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It’s the first such order in North Dakota since new guidelines were set earlier this year for figuring restitution for victims of child pornography, though it’s not the first time a federal judge here has ordered restitution in a child porn case.

Robert Carey Evans, 58, of Waukesha, Wis., was convicted by a federal jury on Oct. 25 on 14 counts of possession of child porn. In February, Evans was sentenced to 10 years in prison.

U.S. District Court Judge Ralph Erickson last week ordered Evans to pay his victim $3,250 after she submitted a claim for her losses. He’s one of nearly 500 offenders who have been ordered to pay restitution to the victim, who was 10 and 11 years old when her molester recorded the sexual abuse of her.

U.S. Attorney Timothy Purdon said it’s the first time the federal district court in North Dakota has ordered a defendant to pay restitution to a child porn victim since the U.S. Supreme Court clarified that those possessing child porn are liable for victims’ losses.

In April, the high court issued an opinion stating that courts should order restitution where a “victim has outstanding losses caused by the continuing traffic in those images but where it is impossible to trace a particular amount of those losses to the individual defendant.”

Purdon said authorities began investigating Evans after a North Dakota Bureau of Criminal Investigation agent found two computers in the state sharing child pornography via a peer-to-peer network.

Officers raided Evans’ apartment in Fargo and found more than 13 hard drives and 43 DVDs containing more than 22,000 images and nearly 1,400 videos of child porn.

As of Aug. 19, two days before restitution was set for Evans, 496 offenders who were convicted of possessing or distributing child pornography in federal court had been ordered to pay restitution to the victim, court records show.

That includes six offenders in North Dakota and five in Minnesota who have been ordered to compensate the victim for her damages, according to court records.

Damages for the victim, who found out in 2006 that her images were being traded online, are at least $1.3 million, her lawyers claim. A brief filed by a federal prosecutor states the restitution covers future counseling, education and vocation counseling, lost earnings, attorney’s fees and forensic evaluations and supporting records.

As of Nov. 27, the victim had received more than $800,000 in restitution payments, according to the brief.

In an affidavit filed in U.S. District Court in Fargo, Evans said he makes 12 cents an hour working five to six hours a day in the food service area of the Federal Medical Center in Lexington, Ky., where he is being held. His monthly income is about $14, he said. Evans said he already pays $25 every three months toward a federal fine of $1,400 and asked Erickson to consider his limited income in setting restitution.

He was convicted of possessing 23 videos depicting the victim to whom he’s ordered to pay restitution, court records state.

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Emily Welker
(701) 241-5541
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