Television and Radio
WBUR's Hear and Now - Restitution For Victims Of Child Porn - February 23, 2010
Federal judges are now being asked to consider whether someone convicted of possessing child porn should pay restitution to the children in those images. “Amy,” as she’s known in court papers, is now 20; but when she was 8 or 9 her uncle took pictures of her that are among the most circulated child porn images. She’s using the Crime Victims Rights Act of 2004 to win millions of dollars in court-ordered damages from people who use those abusive images of her. We speak with Amy’s attorney, James Marsh, and Jonathan Shapiro, who is defending a man who has been ordered to pay restitution to her.
Russia Today - September 27, 2006 - Commentary on the Congressional Hearing relating to Masha Allen's adoption
Nancy Grace - January 18, 2006 - Background and commentary on Masha Allen
CourtTV - June 13, 2002 - Background and commentary on Danielle van Dam murder case
CNN - October 19, 1999 - Background and commentary on the state of the nation's foster care system
CNN - October 14, 1999 - Background and commentary on the threat of 100 foster parents of District of Columbia children to return them because the District's child welfare system was several months and millions of dollars behind in payments to day-care providers
The O’Reilly Factor - July 1999 - Commentary on child killer Marie Noe
Newspapers, Magazines, and Online Features
Texas Lawyer - Case Highlights Problems for Child-Porn Victims Seeking Restitution - February 15, 2010
Marsh says proximate cause should not matter in determining whether Amy receives restitution.
"We think that the standard is harm. It's not cause," Marsh says. "If the victim was harmed by the criminal defendant's conduct, then she is entitled to restitution under this statute."
The stipulation that Amy did not know who Paroline is or that he possessed her images is a "red herring" in the case, Marsh says.
"It's clear that the victim knows that unlimited numbers of unknown individuals are engaging in this illegal activity. And that knowledge need not be particularized for the victim to be harmed," Marsh says. "I could send her lists of names of individuals, but they are all doing the same thing."
Marsh argues that Amy should be allowed to appeal the trial court's decision because she is the beneficiary of a restitution claim.
ABCNews.com - 'Misty Series' Haunts Girl Long After Rape: 8-Year-Old Abused By Uncle Winning Restitution for Porn Images Circulated on Internet for a Decade - February 8, 2010
Some judges have said restitution goes too far in punishing pedophiles whose only crime is to view photos, but Amy's lawyer, James Marsh, disagrees, saying the brutality in the "secret society" of child pornography requires tough measures.
"This is not 13-year-olds in bras or sexting or 17-year-old girls gone wild -- these are kids who are raped," said Marsh, a New York City lawyer.
"In one notorious set of images, the father used to put a studded collar around his 6-year-old and wrote on her in what looked like blood, 'I am Daddy's little girl, rape me.' He locked her in a dog cage," he told ABCNews.com.
Marsh is now seeking restitution in 350 cases that involve photos of Amy, through automated filings to the United States attorneys handling the cases.
In 1995, Marsh helped update a federal law that gives victims the right to sue anyone who produces, distributes or possess their child sex abuse images. It now provides statutory damages of $150,000 for each violation of federal child pornography provisions and was incorporated into the Adam Walsh Child Protection and Safety Act and signed by President Bush 2006.
At the time, Marsh testified in Congress that social networking sites like MySpace and YouTube, as well as camera-enabled cell phones have "enabled and facilitated" child trafficking and the commercialization and distribution of child pornography.
A 2001 study of 400 inmates at the Butner Federal Correctional Complex in North Carolina concluded that offenders who were "merely collectors" of Internet child pornography were "significantly more likely than not to have sexually abused a child via a hands-on act."
Amy's lawyer insists the person who views the photos creates an incentive for violence against children.
Pornography "does not exist in a vacuum," said Marsh. A "powerful, long-term collector" - with 100,000 to 200,000 images -- can command others to commit sex crimes to obtain the images he wants.
"There is a misunderstanding of the crime, that it's photos of girls in bathing suits running around the sprinkler," said Marsh. "And people think pictures are not a big deal, it's just another greedy lawyer coming to cash in. But they don't understand the true nature of these criminal syndicates or the experience of the victim. For me, it's a no-brainer."
Los Angeles Times - Federal courts struggle with tough new question: restitution for child porn victims - February 8, 2010
Requests for restitution have picked up as more victims are identified — and as a couple of victims, including Amy, have hired attorneys, said Meg Garvin, executive director of the National Crime Victim Law Institute in Portland, Ore.
Hundreds of requests have been filed nationwide, most of them by Amy's attorney, James Marsh of New York. Marsh said that as recently as five years ago, restitution would have been impossible because victims wouldn't have known when someone was caught with an image of them. The Crime Victims Rights Act of 2004 set up a system for notifying the victims. Now, Marsh gets several notices a day on behalf of Amy.
Marsh, who declined to make Amy available for an interview, is seeking restitution for Amy in 350 cases nationwide. Each request is about $3.4 million. She won't get that amount in every case. But any sum collected would go toward that total to cover Amy's counseling, medical costs, future lost earnings and lawyer fees.
"Everyone is really grappling with this in good faith," said Marsh. "It's all over the place."
Minneapolis Star Tribune - Courts: Should child-porn victims get restitution? - February 8, 2010
Every day, "Misty" finds out that another pedophile has been caught with images of her. He could be a pastor, a cop or a mechanic busted with pornographic pictures taken when she was 8 or 9 years old. In each case, another person is making her a victim again and again, said her attorney James Marsh.
In each instance -- now at 350 and growing -- Marsh and Misty are seeking more than $3 million in restitution to help make her whole. It doesn't matter if the offender has one photo or thousands, Marsh said. Each offender should be just as liable as the next to pay full restitution.
"Right now, I am tracking 850 defendants," Marsh said last week. "The statute calls for restitution. Clearly the intent of the statute is to benefit the victims."
Misty's attorney acknowledged that few defendants have millions of dollars, but he said that's not her problem. Under the idea of "joint and several liability," it would be up to the offenders to go after other offenders to recoup their money.
Marsh said he has won restitution settlements ranging from $5,000 to $150,000 in about a third of the cases where they have requested it. In Florida, a judge ordered $3.6 million in restitution. Another Florida judge ordered $3.4 million, Marsh said.
The New York Times - Child Pornography, and an Issue of Restitution - February 3, 2010
When Amy was a little girl, her uncle made her famous in the worst way: as a star in the netherworld of child pornography. Now, with the help of an inventive lawyer, the young woman known as Amy — her real name has been withheld in court to prevent harassment — is fighting back.
The most novel approach is being taken by Amy’s lawyer, James R. Marsh, whose practice focuses on child exploitation cases. Mr. Marsh’s arguments are the fruits of a national movement granting greater rights to crime victims and shifting the financial burden of crimes to criminals, said Paul G. Cassell, a former federal judge and professor of law at the University of Utah, who advised Mr. Marsh and wrote a brief supporting his position in a Texas case.
Mr. Marsh contends that every defendant should be ordered to pay the full amount, under the doctrine of joint and several liability. According to that doctrine, the recipient would stop collecting money once the full damages are paid, and those held responsible for the amount could then sue others who are found culpable for contributions. But the doctrine, which developed in civil law, does not apply as easily in criminal law, especially with an indeterminate population of defendants.
Mr. Marsh has automated the process and e-mailed Amy’s filings to United States Attorneys in 350 cases. “I’m able to leverage the power of the Internet to get restitution for a victim of the Internet,” he said. Mr. Marsh has, in effect, expanded his small New York law firm by hundreds of federal prosecutors.
The Christian Science Monitor - Texas judge refuses bid to make child porn users pay damages - December 10, 2009
A federal judge in Texas Monday sentenced a man to two years in prison for possession of child porn, but refused to make him pay $3.4 million in restitution to the girl in the pictures. Prosecuting lawyers called the ruling a setback for victims of child porn.
The Paroline restitution case in Tyler, Texas, was seen as an important test of a tough anti-child pornography law in which federal prosecutors were seeking to impose the same high level of restitution on those found in possession of child pornography as would be imposed against those who physically abused a child, photographed the abuse, and distributed the images.
Prosecutors argued that the injury to the girl was ongoing as a result of those who continue to download images of her abuse.
The judge agreed that the abuse was ongoing, but he decided that it did not justify holding a defendant in a possession case to the same level of financial responsibility as an individual who carried out the physical abuse and created the child pornography.
Amy's lawyer, James Marsh of New York, has filed 250 restitution requests on her behalf in child pornography cases across the country. He said he was disappointed in Judge Davis's ruling.
"The court's decision is a serious set-back for victims of child pornography like Amy in their effort to obtain just and timely restitution for the ongoing crimes perpetrated against them," Mr. Marsh said in a written statement.
"How can we, as a country, justify awarding tens of thousands of dollars in damages to record companies for downloading a single song, while criminals who exploit children pay nothing," he said.
Marsh says it is now up to Congress, the Fifth US Circuit Court of Appeals, and the US Supreme Court to take up the issue.
Kennebec Journal Morning Sentinel - Many ask 'Who else should be punished?' - October 25, 2009
"Child pornography harms the children in the images perpetually," said James Marsh, the New York lawyer who represents Amy. "It leads to the physical abuse of more children. Demand creates supply."
Marsh said U.S. Supreme Court decisions over the past three decades have upheld the concept that the mere act of viewing child pornography is an act that causes harm to the abused children.
He has filed for restitution for Amy in 310 pending cases nationwide. Marsh said he will stop filing requests when Amy is compensated for the full amount of her damages.
"It doesn't matter who is paying," Marsh said. "The goal is to make the victim whole."
Tyler Morning Telegraph - Attorney For Victim Asks For $3.4 Million - August 21, 2009
A groundbreaking and complex issue of restitution -- which attorneys for Amy claim she is entitled to from those who possessed illegal photos of her -- is spreading around the country and has become part of Paroline's Tyler case, the first in East Texas.
Assistant U.S. Attorney Bill Baldwin, Paroline's defense attorney F.R. "Buck" Files Jr. and New York attorney for Amy, James Marsh, stated their views on the issue and answered questions by U.S. District Judge Leonard Davis during a three-hour hearing Thursday. But more time, resources and information are needed before the restitution issue can be resolved.
Baldwin said the government has the burden to prove the victim has been damaged and it is up to the judge to determine a restitution amount. He said the child pornography photos are a permanent record of her abuse that continues to be exacerbated by its circulation.
"There's a new injury with each publication of these photographs," he said. When Paroline opened those images, "he stepped into the room of abuse with 'Amy'" and became a participant in her abuse, he said.
Baldwin said the victim wanted to go to college and become a teacher but has been unable to do that because of the impact of the abuse.
"This is not a 'stepping into the room case,'" Files said. He said the judge must determine the harm caused by Paroline to the victim. He said it is unconscionable for the government to suggest $3.4 million is appropriate in the case.
Davis said the attorneys needed to decide how much restitution was appropriate, how they arrived at that amount and who pays it. He said victims are entitled to restitution for counseling and loss of income.
Davis said they could be able to use Paroline's case as a vehicle for other cases.
The Christian Science Monitor - A Bold Gambit to Reduce Demand for Child Porn - August 16, 2009
Federal prosecutors and a New York lawyer [James R. Marsh] are persuading courts to order anyone caught with illicit images to pay financial restitution to child victims.
Marsh says he is not seeking restitution for the original crime of sexual assault of a child. His claims on Amy's behalf are based on the idea that those who possess images of his client's abuse are guilty of a current violation of her privacy rights.
"This is an ongoing crime, an ongoing harm, that will never end," he says. "There is nothing that she can do, or I can do, or the US attorney can do, or anyone in the world can do to stop this crime."
Marsh adds: "All she wants is for people to stop looking at her and exploiting her over and over again."
Such an expansive view of restitution liability may introduce a strong deterrent to the flourishing exchange of child porn on the Internet. And it can help empower child victims, Marsh says.
Connecticut Law Tribune - Paying Dearly For Child Porn Possession - March 2, 2009
The victim hired White Plains, N.Y., attorney James Marsh. He said there is no distinction between Hesketh and the people who actually produced the pornography.
“The victim is a victim of sexual exploitation caused by this defendant,” Marsh said. “This notion that somehow we can excuse the defendant because there is no sexual contact is an affront to the victim.”
Hartford Courant - Judge Orders Child Porn Consumer To Pay Restitution - February 24, 2009
New York lawyer James R. Marsh, the victim's attorney and an expert on child abuse law, said Eginton's ruling is unlikely to cause a spike in claims for restitution.
That is because, he said, the number of victims who have been identified from seized computer images is tiny — perhaps 200 children. Many of those victims, he said, are still children; they were photographed or videotaped when they were babies.
Some victims may not be aware of their legal rights, Marsh said. In other cases, he said, parents may decide that children are better served by not going to court.
FoxNews.com - Terms of Enslavement: Web Sites' Outrageous Service Agreements - February 20, 2009
"Companies get into trouble when they try to move that content beyond the four corners of their service — that's what Facebook tried to do — and use content for commercial exploits," said James R. Marsh, a lawyer who writes ChildLaw Blog, which first posted news of Facebook's TOS change late last month.
In the extreme, he said, "They can take little Susie's pictures on the beach to Playboy, who then has their own license for using it — and you may not even know it. And then what? You're institutionalizing child pornography."
Boston Herald - Perv Cools Heels in Prison Hospital; Porn, abuse victim decries treatment of her tormentor - January 17, 2006
A vile sex offender who adopted a 5-year-old from Russia only to turn her into a sex slave is being treated at the cushy Devens prison hospital - an arrangement that prompted cries of outrage from the now-13-year-old survivor.
"Masha feels that treatment is inappropriate and that what (Matthew) Mancuso deserves is punishment for the crimes he committed," said attorney James R. Marsh, who represents Masha Allen.
New York Post - Couple Slam Adoption 'Scam' Lawyer - June 6, 2004
Experts say would-be parents in New York and nationwide must beware.
"The international adoption business is largely unregulated and fraught with scams - and dashed hopes," said James Marsh, an adoption lawyer in Westchester and senior fellow with the Center for Adoption Research in Massachusetts.
Poynter Online - Al's Morning Meeting: Fileswapper Busters - August 13, 2003
Concerned that information about your file-sharing username may have been subpoenaed by the Recording Industry Association of America (RIAA)? Check here to see if your username or IP address is on one of the subpoenas filed with the D.C. District Court. This information is drawn from the court's publicly available PACER database and will be updated when that system is updated.
The RIAA announced on June 25, 2003, that it will begin suing users of peer-to-peer (P2P) file-sharing. According to the announcement, the RIAA will be targeting users who upload/share "substantial" amounts of copyrighted music.
It's interesting that law firms have begun advertising themselves as having special expertise in defending children who are accused of illegally downloading. Here is one I found.
American Bar Association Journal - The Most Vulnerable Clients - Attorneys Must Deal With Special Issues When Kids Come into Contact with the Courts - April 2003
In most cases, parents are given between six months and a year to show significant progress toward complying with court orders regarding their behavior. These mandates most often call for parents to undergo drug treatment, get a job, obtain suitable housing or take parenting classes, says James Marsh, founder of the Children's Law Center in Washington, D.C. Parents who fail to comply are stripped of their parental rights, and other permanency arrangements are sought for their children.
At least, the thinking goes, the children aren't left in suspended circumstances for an indefinite time. But while the safe families act has helped to introduce more certainty to the child welfare system and is widely hailed by children's lawyers as a step in the right direction, some say it can be a double-edged sword.
Sometimes, they suggest, it may be more productive in the long run to allow children to stay at home during efforts to help their parents improve their behavior. In some jurisdictions, for example, state agencies will require parents to submit to random drug testing to regain custody, even when drug use was not a factor in removing the children in the first place. But when a parent has a low-wage job and no car, says Haralambie, complying with the logistics of random drug tests can be next to impossible.
Marsh agrees that the good intentions driving the safe families act sometimes create a catch-22. The act requires states to provide support services to help parents comply with court mandates to improve their behavior, but underfunded state programs often have many more applicants than they can serve, he says. Drug treatment programs, for instance, may not have enough spaces to serve all the people who have been ordered by courts to undergo treatment if they want to retain custody of their children.
Albany Times Union - Bill to require clergy to report abuse cases - June 20, 2002
The measure sounds complex, said James Marsh, director of legal and policy analysis for the Center for Social Work Management, a nationwide watchdog and consulting group. He said people who would be required to report abuse cases might be confused about who they must refer allegations to.
The Washington Times - Lost in foster care? Data only now reflect needs of the children - April 29, 2001
The child welfare system is, in the end, an information system, and there are legal consequences if files are lost because a social worker quits or some other foul-up, said James Marsh, a lawyer who has done pro bono adoptions in the District.
"It's like garbage in, garbage out. If the information is bad, the court won't make a good decision and the child won't end up in a good place," he said.
The Washington Post - D.C. Child Welfare Chief Drops Lawsuit - August 24, 2000
“It is an extraordinary remedy for a judge to order the head of any agency into court,” said James Marsh, president of The Children’s Law Center. “I think it was based on an act of desperation and the reality of the Brianna case.”
The Washington Post - Quote of the Day - January 16, 2000
"The judges don't have crystal balls. It's just like a computer: garbage in, garbage out."
-- James Marsh, president of the Children's Law Center, explaining that decisions in child abuse cases often suffer because the social workers who advise judges are overworked or are insufficiently trained.
The Washington Post - Judges Describe Agonizing Decisions - January 16, 2000
"The judges don't have crystal balls. It's just like a computer: garbage in, garbage out," said James Marsh, president of the Children's Law Center, who went on to give one reason that cases require close monitoring.
"A lot of times, there are other people living in the house, and there are people coming and going," Marsh said. "The family is in one house one day, and they could be in another house the next day. It's difficult for social workers who have 40 or 50 cases to get out there and visit the home."
