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UNITED STATES DISTzuCT COURT

MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

I.INITED STATES OF AMERICA

CASE NO. 6: 1 7-cr-8-Or1-41KRS

RICHARD LUECK

PLEAAGREEMENT

Pursuant to Fed. R. Crim. P. 1l(c), the United States of America, by

W. Stephen Muldrow, Acting United States Anomey for the Middle District

of Florida, and the defendant, RICHARD LUECK, and the attomey for the

defendant, D. Todd Doss, Esq., mutually agree as follows:

A. Panicularized Terms

l. Count Pleading To

The defendant shall enter a plea ofguilty to Count One ofthe

Indictment. Count One charges the defendant with receipt of child

pomography, in violation of 18 U.S.C. 92252A(a)(2).

2. Minimum and Maximum Penalties

Count One is punishable by a mandatory minimum term of

imprisonment of five years up to a maximum term of imprisonment of 20

years, a maximum fine of$250,000, a term of supervised release ofa

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mandatory minimum of five years up to a maximum of life, and a special

assessment of $100 per felony count. With respect to certain offenses, the

Court shall order the defendant to make restitution to any victim of the

offense(s), and with respect to other offenses, the Court may order the

defendant to make restitution to any victim ofthe offense(s), or to the

community, as set forth below.

Additionally, pursuant to 18 U.S.C. $ 3014, the Court shall impose a

$5,000 special assessment on any non-indigent defendant convicted ofan

offense in violation of certain enumerated statutes invotving: (l) peonage,

slavery, and trafiicking in persons; (2) sexual abuse; (3) sexual exploitation

and other abuse ofchildren; (4) transportation for illegal sexual activity; or (5)

human smuggling in violation of the Immigration and Nationality Act

(exempting any individual involved in the smuggling of an alien who is the

alien's spouse, parent, son or daughter).

3. Elements of the Offense

The defendant acknowledges understanding the nature and

elements of the offense with which defendant has been charged and to which

defendant is pleading guilty. The elements of Count One are:

Firsl the Defendant knowingly received an item of child

pomography;

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Second: the item of child pomography had been transported

in interstate or foreign commerce using a means or
facility of interstate commerce or in or affecting
interstate of foreign commerce, including by
computer; and

Third: when the Defendant received the child

pomography, he believed the item was child
pomography.

4. Counts Dismissed

At the time of sentencing, the remaining counts against the

defendant, Counts Two and Three, will be dismissed pursuant to Fed. R.

Crim. P. 1l(c)(lXA).

5. No Further Charges

If the Court accepts this plea agreement, the United States

Attomey's Office for the Middle District of Florida agrees not to charge

defendant with committing any other federal criminal offenses known to the

United States Attomey's Office at the time of the execution of this agreement,

related to the conduct giving rise to this plea agreement.

6. Mandatory Restitution to Victims of Offense of Conviction

Pursuant to 18 U.S.C. $ 2259 , defendant agrees to make

restitution to known victims of the offense for the full amount of the victims,

losses as determined by the Court. Further, pursuant to t8 U.S.C.

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$ 3664(dX5), the defendant agrees not to oppose bifurcation ofthe sentencing

hearing if the victims' losses are not ascertainable prior to sentencing.

7. Guidelines Sentence

Pursuant to Fed. R. Crim. P. 11(c)(1)(B), the United States will

recommend to the Court that the defendant be sentenced within the

defendant's applicable guidelines range as determined by the Court pursuant

to the United States Sentencing Guidelines, as adjusted by any deparnrre the

United States has agreed to recommend in this plea agreement. The parties

understand that such a recommendation is not binding on the Court and that,

if it is not accepted by this Court, neither the United States nor the defendant

will be allowed to withdraw from the plea agreement, and the defendant will

not be allowed to withdraw from the plea of guilty.

8. Acceptance ofResponsibilitv - Three Levels

At the time of sentencing, and in the event that no adverse

information is received suggesting such a recommendation to be unwarranted,

the United States will recommend to the Court that the defendant receive a

two-level downward adjustment for acceptance of responsibility, pursuant to

USSG $3E1.1(a). The defendant understands that this recommendation or

request is not binding on the Court, and ifnot accepted by the Court, the

defendant will not be allowed to withdraw from the plea.

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Further, at the time of sentencing, if the defendant's offense level

prior to operation ofsubsection (a) is level 16 or greater, and ifthe defendant

complies with the provisions of USSG 93E1.1(b) and all rerms of this Plea

Agreement, including but not limited to, the timely submission of the financial

afiidavit referenced in Paragraph 8.5., the United States agrees to file a motion

pursuant to USSG $3E1.1(b) for a downward adjustmenr of one additional

level. The defendant understands that the determination as to whether the

defendant has qualified for a downward adjustment of a third level for

acceptance of responsibility rests solely with the United States Auomey for the

Middle District of Florida, and the defendant agrees that the defendant cannot

and will not challenge that determination, whether by appeal, collateral attack,

or otherwise.

9. Forfeiture of Assets

The defendant agrees to forfeit to the United States immediately

and voluntarily any and all assets and property, or portions thereof, subject to

forfeiture, pursuant to 18 U.S.C. $ 2253, whether in the possession or conffol of

the United States, the defendant or defendant's nominees.

The assets to be judicially forfeited specifically include, but are not

limited to, the following: HP desktop computer and intemal Seagate hard

drives, which assets were used in the commission of the offense as described in

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Count One of the Indictment. The defendant further agrees to the

administrative forfeiture of the following assets: Dell laptop and intemal

Seagate hard drive; 500 Gigabyte extemal hard drive; and 250 Gigabyte
extemal hard drive, which assets were used to access and store child
pomography.

The defendant agrees and consents to the forfeiture ofthese assets

pursuant to any federal criminal, civil judicial or administrative forfeiture

action. The defendant also agrees to waive all constitutional, statutory and

procedural challenges (including direct appeal, habeas corpus, or any other

means) to any fofeiture carried out in accordance with this Plea Agreement on

any grounds, including that the forfeiture described herein constitutes an

excessive fine, was not properly noticed in the charging instrument, addressed

by the Court at the time of the guilty plea, announced at sentencing, or

incorporated into the judgment.

The defendant admits and agrees that the conduct described in the

Factual Basis below provides a sufficient factual and statutory basis for the

forfeiture of the property sought by the govemment. pursuant to Rule

32.2@)(4), the defendant agrees that the preliminary order of forfeiture will
satist/ the notice requirement and will be final as to the defendant at the time it
is entered. In the event the forfeiture is omitted from the judgment, the

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defendant agtees that the forfeiture order may be incorporated into the written

judgment at any time pursuant to Rule 36.

The defendant agrees to take all steps necessary to identifr and

locate all property subject to forfeiture and to transfer custody ofsuch property

to the United States before the defendant's sentencing. The defendant agrees to

be interviewed by the govemment, prior to and after sentencing, regarding such

assets and their connection to criminal conduct. The defendant further agrees

to be polygraphed on the issue of assets, if it is deemed necessary by the United

States. The defendant agrees that Federal Rule of Criminal Procedure 11 and

USSG 0 1B 1.8 will not protect from forfeiture assets disclosed by the defendant

as part of the defendant's cooperation.

The defendant agrees to take all steps necessary to assist the

govemment in obtaining clear title to ttre forfeitable assets before the

defendant's sentencing. In addition to providing fuIl and complete information

about forfeitable assets, these steps include, but are not limited to, the surrender

of title, the signing of a consent decree of forfeiture, and signing of any otier

documents necessary to effectuate such transfers. To that end, the defendant

agrees to make a full and complete disclosure of all assets over which defendant

exercises control directly or indirectly, including all assets held by nominees, to

execute any documents requested by the United States to obtain from any other

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parties by lawful means any records of assets owned by the defendant, and to

consent to the release of the defendant's tax returns for the previous five years.

The defendant agrees to be interviewed by the govemment, prior to and after

sentencing, regarding such assets and their connection to criminal conduct.

The defendant agrees that the United States is not limited to

forfeiture of the property specifically identified for forfeiture in this Plea

Agreement. If the United States determines that property of the defendant

identified for forfeiture cannot be located upon the exercise ofdue diligence; has

been transferred or sold to, or deposited with, a third parfy; has been placed

beyond the jurisdiction of the Court; has been substantially diminished in value;

or has been commingled with other property which cannot be divided without

difficulty; then the United States shall, at its option, be entitled to forfeirure of

any other property (substitute assets) of the defendant up to the value of any

propefy described above. The Defendant expressly consents to the forfeiture

of any substitute assets sought by the Govemment. The defendant agrees that

forfeiture of substitute assets as authorized herein shall not be deemed an

alteration of the defendant's sentence.

Forfeiture of the defendant's assets shall not be treated as

satisfaction of any fine, restitution, cost of imprisonment, or any other penalty

the Coun may impose upon the defendant in addition to forfeiture.

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The defendant agrees that, in the event the Court determines that

the defendant has breached this section ofthe Plea Agreement, the defendant

may be found ineligible for a reduction in the Guidelines calculation for

acceptance of responsibility and substantial assistance, and may be eligible for

an obstruction of justice enhancement.

The defendant agxees that the forfeiture provisions of this plea

agreement are intended to, and will, survive the defendant, notwithstanding the

abatement of any underlying criminal conviction after the execution of this

agleement. The forfeitabiliry of any particular properry pursuant to this

agreement shall be determined as if the defendant had survived, and that

determination shall be binding upon defendant's heirs, successors and assigns

until the agreed forfeiture, including any ageed money judgment amount, is

collected in full.

10. Sex Offender Registration and Notification

The defendant has been advised and understands, that under the

Sex Offender Registration and Notification Act, a federal law, the defendant

must register and keep the registration current in each of the following

jurisdictions: the location ofthe defendant's residence, the location ofthe

defendant's employment; and, if the defendant is a student, the location of the

defendant's school. Registration will require that the defendant provide

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information that includes name, residence address, and the names and

addresses of any places at which the defendant is or will be an employee or a

student. The defendant understands that he must update his registrations not

later than three business days after any change of name, residence,

employment, or student status. The defendant understands that failure to

comply with these obligations subjects the defendant to prosecution for failure

to register under federal law, 18 U.S.C. g 2250, which is punishable by a fine

or imprisonment, or both.

B. Standard Terms and Conditions

l. Restitution, Special Assessment and Fine

The defendant understands and agrees that the Court, in addition

to or in lieu of any other penalty, shall order the defendant to make restitution

to any victim of the offense, pursuant to l8 U.S.C. S 36634, for all offenses

described in 18 U.S.C. g 3663A(c)(l); and the Court may order the defendant

to make restitution to any victim of the offense pursuant to l8 U.S.C. S 3663,

including restitution as to all counts charged, whether or not the defendant

enters a plea of guilty to such counts, and whether or not such counts are

dismissed pursuant to this agreement. The defendant further understands that

compliance with any restinrtion payment plan imposed by the Court in no

way precludes the United States from simultaneously pursuing other statutory

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remedies for collecting restitution (18 U.S.C. S 3003(bX2), including, but not

limited to, gamishment and execution, pursuant to the Mandatory Victims

Restitution Act, in order to ensure that the defendant's restitution obligation is

satisfied. On each count to which a plea of guilty is entered, the Court shall

impose a special assessment pursuant to l8 U.S.C. S 3013. The special

assessment is due on the date Of sentencing.

The defendant understands that this agreement imposes no

limitation as to fine.

2. Supervised Release

The defendant understands that the offense to which the

defendant is pleading provides for imposition ofa term ofsupervised release

upon release from imprisonment, and that, if the defendant should violate the

conditions ofrelease, the defendant would be subject to a further term of

imprisonment.

3. Immigration Consequences of Pleading Guilty

The defendant has been advised and understands that, upon

conviction, a defendant who is not a United States citizen may be removed

from the United States, denied citizenship, and denied admission to the

United States in the future.

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4. Sentencinglnformation

The United States reserves its right and obligation to report to the

Court and the United States Probation Office all information conceming the

background, character, and conduct of the defendant, to provide relevant

factual information, including the torality of the defendant's criminal activities,

if any, not limited to the count to which defendant pleads, to respond to

comments made by the defendant or defendant's counsel, and to correct any

misstatements or inaccuracies. The United States further reseryes its right to

make any recommendations it deems appropriate regarding the disposition of

this case, subject to any limitations set forth herein, if any.

5. Financial Disclosures

Pursuant to 18 U.S.C. S 3664(dX3) and Fed. R. Crim. p.

32(dX2XAXii), the defendant agrees to complete and submit to the United

States Aftomey's Office within 30 days of execution of this agreement an

affidavit reflecting the defendant's financial condition. The defendant

promises that his financial statement and disclosures will be complete,

accurate and truthful and will include all assets in which he has any interest or

over which the defendant exercises control, directty or indirectly, including

those held by a spouse, dependent, nominee or other third party. The

defendant further aglees to execute any documents requested by the United

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States needed to obtain from any third parties any records of assets owned by

the defendant, directly or through a nominee, and,by the execution of this

Plea Agreement, consents to the release of the defendant's tax retums for the

previous five years. The defendant similarly agrees and authorizes the United

States Attomey's Office to provide to, and obtain from, the United States

Probation Office, the financial affidavit, any of the defendant's federal, state,

and local tax retums, bank records and any other financial information

concerning the defendant, for the purpose of making any recommendations to

the Court and for collecting any assessments, fines, restitution, or forfeiture

ordered by the Court. The defendant expressly authorizes the United States

Attomey's Office to obtain current credit reports in order to evaluate the

defendant's ability to satisry any financial obligation imposed by the Court.

6. SentencingRecommendations

It is understood by the parties that the Court is neither a parqy to

nor bound by this agreement. The Court may accept or reject the agreement,

or defer a decision until it has had an opportunity to consider the presentence

reportpreparedbythe United States Probation Ofiice. The defendant

understands and acknowledges that, although the parties are permitted to

make recommendations and present .uguments to the Court, the sentence will
be determined solely by the Court, with the assistance of the United States

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Probation Office. Defendant further understands and acknowledges that any

discussions between defendant or defendant's attomey and the attomey or

other agents for the govemment regarding any recommendations by the

govemment are not binding on the Court and that, should any

recommendations be rejected, defendant will not be permitted to withdraw

defendant's plea pursuant to this plea agreement. The government expressly

reserves the right to support and defend any decision that the Court may make

with regard to the defendant's sentence, whether or not such decision is

consistent with the government's recommendations contained herein.

7. Defendant's Waiver of Right to Appeal the Sentence

The defendant agrees that this Court has jurisdiction and

authority to impose any sentence up to the statutory maximum and expressly

waives the right to appeal defendant's sentence on any ground, including the

ground that the Court erred in determining the applicable guidelines range

pursuant to the United States Sentencing Guidelines, except (a) the ground

that the sentence exceeds the defendant's applicable guidelines range as

determined by the Court pursuant to the United States Sentencing Guidelines;

(b) the ground that the sentence exceeds the statutory maximum penalty; or (c)

the ground that the sentence violates the Eighth Amendment to the

Constitution; provided, however, that if the government exercises its right to

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appeal the sentence imposed, as authorized by l8 U.S.C. S 3742b), then the

defendant is released from his waiver and may appeal the sentence as

authorized by 18 U.S.C. S 37a2@).

8. Middle District of Florida Agreement

It is further understood that this agreement is limited to the

Office of the United States Attomey for the Middle District of Florida and

cannot bind other federal, state, or local prosecuting authorities, although this

offrce will bring defendant's cooperation, if any, to the attention of other

prosecuting officers or others, ifrequested.

9. Filing of Agreement

This agreement shall be presented to the Court, in open court or

in camera, in whole or in part, upon a showing of good cause, and filed in this

cause, at the time of defendant's entry ofa plea of guilty pursuant hereto.

10. Voluntariness

The defendant acknowledges that defendant is entering into this

agreement and is pleading guilty freely and voluntarily without reliance upon

any discussions between the attorney for the government and the defendant

and defendant's attomey and without promise of benefit of any kind (other

than the concessions contained herein), and without threats, force,

intimidation, or coercion of any kind. The defendant further acknowledges

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defendant's understanding of the nature of the offense or offenses to which

defendant is pleading guilty and the elements thereoi including the penalties

provided by law, and defendant's complete satisfaction with the representation

and advice received from defendant's undersigned counsel (if any). The

defendant also understands that defendant has the right to plead not guilfy or

to persist in that plea ifit has already been made, and that defendant has the

right to be tried by a jury with the assistance ofcounsel, the right to confront

and cross-examine the witnesses against defendant, the right against

compulsory self-incrimination, and tlle right to compulsory process for the

attendance ofwitnesses to testi$r in defendant's defense; but, by pleading

guilty, defendant waives or gives up those rights and there will be no trial.

The defendant further understands that ifdefendant pleads guilty, the Court

may ask defendant questions about the offense or offenses to which defendant

pleaded, and if defendant answers those questions under oath, on the record,

and in the presence of counsel (if any), defendant's answers may later be used

against defendant in a prosecution for pedury or false statement. The

defendant also understands that defendant will be adjudicated guilty ofthe

offenses to which defendant has pleaded and, if any ofsuch offenses are

felonies, may thereby be deprived ofcertain rights, such as the right to vote, to

hold public ofnce, to serve on a jury, or to have possession of firearms.

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ll. Facnral Basis

Defendant is pleading guilty because defendant is in fact guilty.

The defendant certifies that defendant does hereby admit that the facts set

forth, are true, and were this case to go to trial, the United States would be

able to prove those specific facts and others beyond a reasonable doubt.

FACTS

In February 2015, the FBI identified the defendant tfuough an

FBI investigation into the child pornography website, Playpen, operating on

the anonymous Tor network. The defendant had registered an account on the

site on February 18, 2015, using the alias "Fred Flinstone" and accessed and

downloaded child pomography from the website until March 4, 2015, when

the FBI shut down the website.

The FBI obtained a search wanant for the defendant's residence

in Brevard County and executed it on September 15, 2015. The defendant's

Dell laptop computer, HP desktop computer, and two external hard drives (a

250 GB hard drive and a 500 GB hard drive) were among the digital items that

the FBI seized from the defendant. During a non-custodial, voluntary

intewiew, the defendant admitted that he had used his laptop and desktop

computers to obtain child pomography from tlre Intemet. The defendant said

that he masturbated to the images and then deleted them. The defendant said

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that he preferred images depicting females ages nine and up, and stated that he

last viewed child pornography two to three days earlier.

The defendant said that about six years earlier he started using

Tor, and continued using Tor so that he could view child pomography

without law enforcement detection ofhis IP address. The defendant said that

he knew it was illegal to download child pomography, but that he considered

viewing child pomography a victimless crime. The defendant also admitted to

viewing and downloading child pornography from Playpen.

A forensic computer examiner reviewed the hard drives in the

IIP desklop computer and located over 118 images ofnaked children that the

defendant had obtained from the internet (the files still resided in the cache) in

or about September 2015. Among those images, was an image that the

defendant received on September 13, 2015, showing an adult male penetrating

a prepubescent female. The examiner also found an irnage depicting a naked

child sitting on a closed toilet seat with her legs spread and exposing her

vagina. The defendant used the internet to receive this image on August 28,

2015, and stored it in his "Richards\Downloads" folder. The examiner also

Iocated a .zip fille that contained approximately 25 images depicting the sexual

exploitation and abuse of a prepubescent child. The defendant copied that

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folder onto his hard drive on January 9.2012. That hard drive was

manufactured in China.

Finally, the examiner located 14 encrypted file containers

holding over 500 gigabytes of data on the intemal hard drives associated with

the HP desktop computer and the extemal hard drives. The examiner found a

spreadsheet that the defendant created listing the contents of some ofthe

encrypted containers along with the volumes where they were mounted. The

descripions indicate that some of the encrypted folders contain child

pomography.

12. Entire Agreement

This plea agreement constitutes the entire agreement between the

govemment and the defendant with respect to the aforementioned guilty plea

and no other promises, agreements, or representations exist or have been

made to the defendant or defendant's attomey with regard to such guitty plea.

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13. Certification

The defendant and defendant's counsel certifr that this plea

agreement has been read in its entirety by (or has been read to) the defendant

and that defendant fully understands its terms.

ra
DATED tt i, t3 ay of Apnl,2ol7 .

W. STEPHENMI.IDLROW
Acting United States Attomey

RICHARDLUECK

d^^ c+
. Todd Doss, Esq. ffi
Assistant United States Attomev
Chief. Orlando Division

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