PHOENIX – Porn pundits who have wondered when the Federal government would make another major move against the adult industry have their answer thanks to the May 31st presentation of an indictment against JM Productions on 18 counts of interstate trafficking in obscene material.
The decision to indict the company and its owner Jeff Steward was made on May 23rd and contends that the two entities, as well as Tempe, AZ based retailer/online distributor Five Star Video and possibly two of its principals, “knowingly used an interactive computer service and other facilities and means of interstate and foreign commerce to sell and distribute, to a location in Northern Virginia, obscene DVDs … in violation of Title 18, United States Code, sections 1465 [‘Transportation of obscene matters for sale or distribution’] and (2)(a),” – meaning that the Federal government has the right to go after the various company principals in addition to the company itself.
The alleged offense took place on February 6th and 10th of 2006 when the videos Gag Factor 15 and 18, we well as American Bukkake 13, and Filthy Things 6 were sent via USPS. According to the Feds, this means that the defendants “knowingly used the United States mails to mail and deliver to a location in Northern Virginia, a DVD containing obscene matter."
Although only seven of the 18 counts are currently known, one set claims that the entities “defendants "knowingly used an express company or other common carrier for carriage in interstate commerce and delivery to a location outside of the State of Arizona, of a package which contained DVDs that are obscene."
Three of the accused titles are produced by JM Productions, with the last produced by Powersville Production but distributed via JM Productions. Both American Bukkake 13 and Gag Factor 18 received AAAA reviewer ratings from Adult Video News magazine , while the others scored a mere half point lower. Gag Factor 15 contained a scene featuring Flower Tucci and Johnny Thrust that earned a pre-nom for Best Oral Scene.
Some observers are already commenting on the fact that not only do the indictments put the accused at risk for personal imprisonment and financial penalty, but the 18th count calls upon U.S.C. §1467, the Criminal Forfeiture statute, which would allow the Federal government to not only deny convicted parties of enjoying profits from materials deemed obscene, but also forfeit “any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense;” as well as “any property, real or personal, used or intended to be used to commit or to promote the commission of such offense, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property in the offense."
Those are hefty penalties for profiting from material that hadn’t been deemed obscene at the time of sale.
Industry attorneys are remaining silent on the case, although more information is anticipated early next week.
This is the second major indictment launched by the Bush administration against the adult pornography industry during of its self-proclaimed anti-obscenity battle. Interestingly enough, Gag Factor 15 contains a scene during which Ashley Blue parodies the Abu Ghraib Iraqi prison scandal, with jailers this time torturing prisoners with deep throat sex.
