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JM Productions Indicted on Federal Obscenity ChargesBy: Mark Kernes (Courtesy of AVN.com)
PHOENIX – Federal indictments charging seven counts of interstate trafficking in obscene material were reportedly unsealed today against JM Productions and its principal Jeff Steward, as well as retailer/Internet distributor Five Star Video, based in Tempe, Ariz., and what appear to be two of Five Star’s principals.
The indictment charges that Five Star engaged in both physical and Web transportation of the video features Gag Factor 1518 and American Bukkake 13, all of which were produced by JM, and Filthy Things 6, a Powersville Production distributed by JM. and
Specifically, the indictment, which was handed down on May 23, charges that the Five Star Video defendants "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)," which allows the government to target the principals of a business. The transportation allegedly took place on Feb. 6 and 10 of this year.
The indictment also charges that those same defendants "knowingly used the United States mails to mail and deliver to a location in Northern Virginia, a DVD containing obscene matter," while another set of counts charges that those same 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."
So far, AVN has only been able to obtain information as to the first seven counts of the indictment, which consists of a total of 18 counts. Counts 8 through 14 also relate to transportation of obscene material using a common carrier, while Counts 15 through 17 charge some or all of the defendants with "Engaging in a Business of Selling or Transferring Obscene Material."
The final count, Count 18, invokes 18 U.S.C. §1467, the Criminal Forfeiture statute, which states in part, "(a) Property Subject to Criminal Forfeiture.—A person who is convicted of an offense involving obscene material under this chapter shall forfeit to the United States such person’s interest in — (1) any obscene material produced, transported, mailed, shipped, or received in violation of this chapter; (2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and (3) 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."
Several adult industry attorneys are reportedly already involved in the case, but so far, none have been willing to comment on the indictment.
This indictment represents the Bush administration’s second major federal assault on an adult video production company, and as in the case of the first target, Extreme Associates, the government’s focus has been on videos which fall somewhat outside standard adult video fare. In Gag Factor 15, for instance, Ashley Blue essays a parody of Iraq’s Abu Ghraib prison, where prisoners are tortured through throat-fucking, while in American Bukkake 13, Sabrina Jayde is fitted with one of those conical shields veterinarians use to keep dogs from licking their wounds, but which in this case the "Bukkake Boys" use to direct their spew so Sabrina can lick it all up.
All of the above-named videos were directed by award-winning director Jim Powers, and two, American Bukkake 13 and Gag Factor 18, received AAAA ratings, with the other two scoring just half a point lower. In addition, the Flower Tucci/Johnny Thrust scene from Gag Factor 15 was pre-nominated for Best Oral Scene. Reviews of all of the named features can be found on AVN.com.
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