News Release from U.S. Attorney's office:

TULARE WESTERN HIGH SCHOOL BAND INSTRUCTOR INDICTED FOR
RECEIPT AND POSSESSION OF CHILD PORNOGRAPHY

FRESNO, Calif.—United States Attorney McGregor W. Scott announced today that a grand jury returned an indictment against RAYMOND FERENCI, of Tulare, Calif., charging him with one count each of receipt or distribution and possession of child pornography.

This case is the result of an investigation by the Fresno Internet Crimes Against Children Task Force, specifically the Tulare Police Department, the Fresno County Sheriff’s Department, and U.S. Immigration and Customs Enforcement.

According to Assistant United States Attorney David Gappa, who is prosecuting the case, the indictment alleges that on May 22, 2008, FERENCI knowingly possessed on a computer hard drive images of minors engaged in sexually explicit conduct. The indictment alleges that he used a computer to receive the images from approximately May 2006 through July 2008. According to previously filed court documents, FERENCI allegedly sent inappropriate text messages to several students at Tulare Western High School. While investigating those allegations, investigators discovered numerous images of child pornography on a laptop computer belonging to and used by him. During an interview with investigators, FERENCI admitted to using a peer-to-peer software program to search for images of child pornography.

If convicted, FERENCI faces the following potential prison terms for each charge: receipt or distribution–mandatory five years and maximum 20 years; possession–maximum 10 years. For each charge, he faces a potential fine of $250,000 and a potential lifetime term of supervised release. The actual sentence, however, will be determined at the discretion of the court after consideration of the Federal Sentencing Guidelines, which take into account a number of variables and any applicable statutory sentencing factors.

The charges are only allegations and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.