Grand Rapids, Michigan - July 20, 2006 - United States Attorney Margaret M. Chiara announced that on Thursday, July 20, 2006, Tod Allen Marsh, 40, of Benton Harbor, Michigan, was indicted by a federal grand jury in Grand Rapids, Michigan, on two counts of sending child pornography via the Internet, two counts of receiving child pornography via the Internet, and one count of possession of child pornography. Marsh was notified today that his initial court appearance is scheduled for July 31, 2006, in Grand Rapids, Michigan.

The alleged movement of child pornography via the Internet occurred in April, 2004. The alleged possession occurred in March, 2006. The maximum penalty for the interstate movement of child pornography is not less that 5 years’ nor more than 20 years’ imprisonment, a $250,000 fine, and lifetime supervised release on each count. The maximum penalty for possession of child pornography that has traveled in interstate commerce is 10 years’ imprisonment, a $250,000 fine and lifetime supervised release.

The case was investigated by the Federal Bureau of Investigation and the Berrien County Sheriff's Department. It is being prosecuted by Assistant United States Attorney Richard Murray. The charges in an indictment are merely accusations, and the defendant is presumed innocent until and unless proven guilty in a court of law.