Common use of Factual Basis Clause in Contracts

Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in Count Three of the indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt and constitute relevant conduct pursuant to Guideline § 1B1.3: On or about November 25, 2013, at Elgin, in the Northern District of Illinois, Eastern Division, XXXXX XXXXXXX, knowingly transported and caused to be transported child pornography, as defined in Title 18, United States Code, Section 2256(8)(A), namely, a computer file titled (1) “SSPX0060.3g2” and (2) “2010_2Bpthc_Bbabyshivid_2Bfrifam_2BPussyPlay03_2528 withsound_2529.avi,” using a means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce by any means, including by computer, in violation of Title 18, United States Code, Section 2252A(a)(1). Specifically, defendant used the Yahoo! email addresses “kimdavid5582” and “george_mason57” to receive, trade, and distribute child pornography while at his office and residence in Elgin, Illinois, among other locations. For example, on November 25, 2013, at approximately 10:43 a.m., defendant, using the Yahoo! email address “kimdavid5582,” sent an email while in his Elgin office with the following message: “do you trade. This is what I lik.” The defendant attached two files that defendant knew contained child pornography. The first attachment was a video clip titled “SSPX0060.3g2,” which depicted a naked female, approximately 6 to 7 years old, lying on her back and holding her legs behind her head while an adult male rubbed his penis against her labia and anus. The second attachment was a video clip titled “2010_2Bpthc_Bbabyshivid_2Bfrifam_2BPussyPlay03_2528withsound_2529.avi,” which depicted a naked female, approximately 2 to 3 years old, being vaginally penetrated by an adult male penis. In addition, defendant possessed images and videos depicting child pornography on computers and electronic storage devices in his residence, car and offices, including on his (1) Seagate, 320 GB hard drive, model Momentus 5400.6, bearing serial number 6VDHZZSG, stamped “Product of China”; (2) Dell Dimension 9200 computer, which contained a Seagate, 160 GB hard drive, model Barracuda 7200.9, bearing serial number 5LS8KGSX, stamped “Made in China”; (3) HP Compaq Pro 6305 computer, which contained a Seagate, 500 GB hard drive, model Barracuda, bearing serial number Z3TJJZMG, stamped “Product of Thailand”; and

Factual Basis. 6. Defendant will plead guilty because he is in fact guilty of the charge contained in Count Three of the indictmentinformation. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt and constitute relevant conduct pursuant to Guideline § 1B1.3: On or about November 25December 16, 20132018, at ElginStreamwood, in the Northern District of Illinois, Illinois Eastern Division, XXXXX XXXXXXXand elsewhere, defendant XXXXXXX XXXXXXX did knowingly transported and caused to be transported receive child pornography, as defined in Title 18, United States Code, Section 2256(8)(A2256(8)(B), namelyincluding an image containing the lascivious exhibition of the genitalia of Victim A, a computer file titled (1) “SSPX0060.3g2” and (2) “2010_2Bpthc_Bbabyshivid_2Bfrifam_2BPussyPlay03_2528 withsound_2529.avi,” minor-aged boy, using a means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce by any means, including by computercommerce, in violation of Title 18, United States Code, Section 2252A(a)(12252A(a)(2). Specifically, defendant used the Yahoo! email addresses “kimdavid5582” and “george_mason57” to receivebetween on or about December 15, trade2018, and distribute child pornography while December 16, 2018, at his office and residence home in ElginStreamwood, Illinois, among other locationsXXXXXXX engaged in a text message conversation with Victim A, who was 16-years old at the time of the text message exchange. For exampleDuring that text message conversation, on November 25XXXXXXX knowingly enticed 16- year-old Victim A to create and send pornographic content to XXXXXXX. Pursuant to XXXXXXX’x request, 2013Victim A created a pornographic video that depicted Victim A masturbating. XXXXXXX then knowingly received child pornography, at when Victim A sent XXXXXXX two videos that depicted Victim A masturbating and ejaculating. More specifically, between approximately 10:43 11:41 p.m. and 12:21 a.m., defendantfrom between approximately December 15, 2018, and December 16, 2018, XXXXXXX, using a cellular telephone, and Victim A, using a cellular telephone, engaged in the Yahoofollowing text message conversation: VICTIM A: Hey it’s me LIEDKTE: How about that video haha VICTIM A: I will as long as you do the same LIEDKTE: Sure I’ll send back whatever you send VICTIM A: [Sent Video 1 – a video approximately 7 seconds in length that shows a close-up video of masturbation.] LIEDKTE: Wish my mouth was around that VICTIM A: Me too so bad LIEDKTE: [Sent Video 2 - a video approximately 13 seconds in length that shows a close-up video of masturbation.] VICTIM A: So hot I want to be on top of it now send me a video of you rubbing your chest XXXXXXX: It’s your turn for a video VICTIM A: Ok what do u want now sweetie XXXXXXX: Your whole body, eventually i want to see a video of you shooting your load so record that! email address [XXXXXXX asked Victim A to send a video in which Victim A masturbates and ejaculates.] VICTIM A: Will do VICTIM A: [Sent Video 3 - a video approximately 10 seconds in length that shows a close-up video of masturbation] XXXXXXX: Where’s the cumshot? [XXXXXXX wanted Victim A to send a video in which Victim A ejaculated.] VICTIM A: I’m not there yet you said eventually I have to jerk it more XXXXXXX: [Sent Video 4 - a video approximately 17 seconds in length that shows XXXXXXX rubbing his bare chest and face] XXXXXXX: Hope you like the full xxxxx VICTIM A: You are so sexy I want to makout rn [right now] beards are so hot XXXXXXX: Show me a video of you like I sent… I know you don’t want face in nudes [XXXXXXX acknowledged that Victim A did not want to create a nude video with his face visible in the video] but just the top half with you rubbing your chest like I did VICTIM A: [Sent Video 5 - a video approximately 15 seconds in length that shows a small portion of Victim A’s face and depicts Victim A rubbing his bare chest] VICTIM A: I look fat sorry XXXXXXX: Omg you are far from fat…. I couldnt see your face though VICTIM A: U said I didn’t have to put my face in it! XXXXXXX: But I want to lick those nipples XXXXXXX: You don’t have to put your face in it while showing you nude haha XXXXXXX: If you don’t want to, you don’t have to, but I’d like to see it VICTIM A: I want to bury my face in your chest XXXXXXX: [Sent Video 6 - a video approximately 5 seconds in length showing a penis underneath a wash cloth that appears to be “kimdavid5582,” waving.”] XXXXXXX: It’s waving hi to you VICTIM A: [Victim A sent a picture of his face smiling] VICTIM A: Laughed at a movie [Victim A sent an email while emoji regarding Video 6] XXXXXXX: You are too cute! Video would be nicer though so I can see you smiling and rubbing your chest VICTIM A: I’m gonna need to see some full body video with talking then XXXXXXX: If you send the same VICTIM A: If you send that u get to see a video with my face XXXXXXX: But I already one upped you and sent one with my face . . . I’m getting the short end of the deal lol VICTIM A: Ok fine daddy you win VICTIM A: [Sent Video 8 – a video approximately 9 seconds in length depicting Victim A’s full face and Victim A rubbing his Elgin office bare chest] VICTIM A: I’m so gross XXXXXXX: [Sent Video 9 – a video approximately 17 seconds in length of XXXXXXX rubbing his chest and face. During this video, XXXXXXX says, “[Victim A’s first name], you’re so hot. You’re far from gross. Do you like this body? What would you do with this?] VICTIM A: I would lick you all over and hold you so tight to feel that skin on skin contact XXXXXXX: Show me that cumshot stud . . .I need to go to sleep haha XXXXXXX: I want to hear you moan when you shoot on video VICTIM A: Ok gimme a sex and u have to send yours too with talking XXXXXXX: You want to FaceTime? VICTIM A: Some other time VICTIM A: [Sent Video 10 – a video approximately 24 seconds in length showing close up masturbation with ejaculation] VICTIM A: Where’s mine XXXXXXX: [Sent Video 11 – a video approximately 45 seconds in length showing close-up masturbation with ejaculation] XXXXXXX: That was hot VICTIM A: Wow that was intense VICTIM A: Ttyl [talk to you later] daddy :) LIEDKTE acknowledges that he received the following message: “do you tradepornographic material from Victim A using a cellular telephone and a means and facility of interstate commerce. This is what I lik.” The defendant attached two files Additionally, from on or about January 8, 2019, through on or about January 20, 2019, LIEDKTE, without authorization, knowingly possessed and operated a video camera that defendant knew contained child pornographyhe intentionally hid in the ceiling of a public restroom at the DuPage County Training Academy in Xxxxx Stream, DuPage County, Illinois. The first attachment was video camera surreptitiously recorded persons using the restroom at the facility, and XXXXXXX stored the recordings on a video clip titled “SSPX0060.3g2,” which digital memory card and on an external hard drive. XXXXXXX possessed recordings that depicted a naked femalethe lewd exhibition of the unclothed genitalia and buttocks of approximately 400 people using the restroom. Of those recordings, approximately 6 300 depicted children who were under the age of 18. XXXXXXX intended to 7 years old, lying on her back and holding her legs behind her head while an adult male rubbed his penis against her labia and anus. The second attachment was a place the video clip titled “2010_2Bpthc_Bbabyshivid_2Bfrifam_2BPussyPlay03_2528withsound_2529.avi,” which depicted a naked female, approximately 2 camera in the public restroom of the DuPage County Training Academy in order to 3 years old, being vaginally penetrated by an adult male penis. In addition, defendant possessed obtain lewd images and videos depicting child pornography on computers and electronic storage devices in his residence, car and officesof persons, including on his (1) Seagatechildren under the age of 18, 320 GB hard drive, model Momentus 5400.6, bearing serial number 6VDHZZSG, stamped “Product of China”; (2) Dell Dimension 9200 computer, which contained a Seagate, 160 GB hard drive, model Barracuda 7200.9, bearing serial number 5LS8KGSX, stamped “Made in China”; (3) HP Compaq Pro 6305 computer, which contained a Seagate, 500 GB hard drive, model Barracuda, bearing serial number Z3TJJZMG, stamped “Product of Thailand”; andwith their genitals or buttocks exposed.