The Complaints Against Weldon Marc Gilbert for Production of Child Pornography and Sex Traveling by backgroundnow

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WELDON MARC GILBERT, 48, of Lake Tapps, Washington, pleaded guilty yesterday evening to 35 counts of Sexual Exploitation of a Minor in the Production of Child Pornography, Transportation of a Minor to Engage in Illegal Sexual Activity and Obstruction of Justice. U.S. District Judge Ricardo S. Martinez remained at the Seattle federal courthouse into the evening hours to conduct the plea hearing, to ensure GILBERT knowingly and voluntarily entered his guilty plea. GILBERT remains detained at the Federal Detention Center at SeaTac, and will be sentenced by U.S. District Judge Benjamin H. Settle in Tacoma on August 17, 2009. Under the terms of the plea agreement, GILBERT must be sentenced to between 19 years and 25 years in prison. Prosecutors will ask for a 25 year prison term. The plea is also dependent upon GILBERT’s guilty plea to charges in Pierce County Superior Court. He will serve both sentences concurrently.

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									Case 3:07-cr-05732-BHS

Document 279

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Case 3:07-cr-05732-BHS

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Case 3:07-cr-05732-BHS

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Case 3:07-cr-05732-BHS

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 v. WELDON MARC GILBERT, Defendant.

Judge Benjamin H. Settle

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) NO. CR07-5732BHS GOVERNMENT’S SENTENCING MEMORANDUM

I. INTRODUCTION 1 The Court should sentence Weldon Marc Gilbert to 25 years in prison. For the better part of two decades, he serially molested child after child, creating hundreds of

17 pornographic videotapes memorializing the abuse. He has admitted to making dozens of 18 child pornography videos, involving seventeen different victims, some as young as 10, 12, 19 13, and 14 years of age. Investigators found hundreds of individual scenes of child 20 pornography that Gilbert created for a singular reason – to satisfy his sadistic sexual 21 urges. 22 Many of the videos show a pornographic ritual where Gilbert punishes a naked boy 23 for some real or imaginary transgression. Gilbert referred to such a ritual as, “a 24 spanking.” Some of the so-called punishments were relatively mild spankings. Others, 25 26
1

27 28

In an effort to protect the identity of the victims, the Government intends to file this memorandum in a

redacted format, removing all information that might serve to identify the victims that are discussed. The Government has separately moved to file several of the exhibits under seal to further protect the victims’

SOURCED: WWW.BACKGROUNDNOW.COM 2009-11-18 identities and privacy www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; U N ITED STATES ATTO R N EY and distributes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters S TREET , S UITE 5220readers. 700 S TEWART and interested

Government’s Sentencing Memorandum Gilbert/CR07-5732BHS - Page 1

S EATT LE , W ASHINGTON 98101 (206) 553 7970

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however, were sustained beatings that left the victim’s buttocks bruised, blistered, and/or bloody. See Plea Agreement, Dkt. #249, at paragraph 6. Many of the videos were staged and scripted to satisfy Gilbert’s sexual fantasies. The victims’ genitals were almost always shown clearly, and the “punishments” gave Gilbert excuses to grope his young victims’ chests, backsides, and genitalia. The worst videos show Gilbert beating and caning boys until their backsides are dark red or black and blue. They scream, cry, struggle, and beg for mercy. Other videos show nude boys masturbating, performing sexual acts and having sexual contact2 with each other, and performing sex acts or having sexual contact with Gilbert. Marc Gilbert was a masterful manipulator who posed as a mentor and father figure to young boys. Gilbert, a UPS pilot and successful businessman, used his money, charisma, and status to ensnare his victims. He gave these boys things they would not otherwise have had – alcohol, fancy dinners, flying lessons, and expensive vacations. The victims, however, paid a terrible price: they became Gilbert’s sexual playthings. The Marc Gilbert who will appear before this Court for sentencing is a man who has proved incapable of real remorse or repentance. From the moment the case began, through his arrest and indictment, and even after entering his guilty plea and participating in a pre-sentence interview, Gilbert has refused to accept moral responsibility for his crimes. He says that he is sorry, but his apologies are hollow exercises in rationalization and self-pity. Time and time again, Gilbert has insisted that he is the real victim in this case -- the victim of a trumped-up prosecution by the United States, and unfair media coverage. Gilbert insists that hundreds of instances of sexual abuse and sadism, spread out over at least two decades, amount to nothing more than “harmless fun,” errors in “judgment,” or “crossing a line,” and that nobody was hurt. Gilbert has made it clear that he does not understand, and does not care to understand, the tremendous damage he has done to so many people.

2

These terms “sexual act,” and “sexual contact,” are adequately defined in Title 18, United States Code,

SOURCED: WWW.BACKGROUNDNOW.COM 2009-11-18 Sections 2246(2) and 2246(3) www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; U N ITED STATES ATTO R N EY and distributes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters S TREET , S UITE 5220readers. 700 S TEWART and interested

Government’s Sentencing Memorandum Gilbert/CR07-5732BHS - Page 2

S EATT LE , W ASHINGTON 98101 (206) 553 7970

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Most troubling of all, Gilbert has never stopped trying to psychologically control and torment his victims. He has admitted to obstructing justice by using threats and bribes in a campaign to corrupt a victim into lying on his behalf. In an attempt to avoid justice, Gilbert has continued to use the same tools – fear, guilt, money, shame – that he used for so long to abuse so many children. After pleading guilty, Gilbert sent an outrageously manipulative and misguided letter to the parents of two of his victims, declaring among other things, that he had fallen in love with their son. Despite his admissions in the plea agreement, he has declared, in writing, that he did not produce child pornography. Marc Gilbert has remorselessly sought out boys between the ages of 10 and 17 for sexual abuse. At sentencing, the Court should focus on protecting the public and making sure that Gilbert never hurts another child. Gilbert’s behavior and history demand that the Court issue the longest sentence available to it – 25 years in prison. This is one of those very few cases where no lesser sentence is sufficient. II. GILBERT’S ABUSE OF MINORS Gilbert saw each of the dozens of boys that he sexually abused as sex objects he could obtain by giving them things. He gave them things that were otherwise unattainable for a teenage boy, but easy for a wealthy man to provide – money, cell phones, ski trips, boat rides, airplane trips, international travel, help with homework, strippers, and an unending supply of alcohol. Gilbert figured out what each boy needed or wanted most, and tailored his enticements appropriately. There is no way, in this proceeding, to fully present the scope of the harm that Gilbert inflicted on each and every one of the seventeen victims in this case.3 Each victim’s life has been damaged, in some cases devastated, by Gilbert’s exploitation and abuse. The Government will summarize, in greatly abbreviated form, the stories of two victims, John Does (“JD”) 1 and 12, as illustrations.

3

The PSR, authored by Daniel Acker, represents a valiant attempt to capture the extent and intensity of

SOURCED: WWW.BACKGROUNDNOW.COM 2009-11-18 Gilbert’s activity background checks to businesses; www.BackgroundNow.com providesThis activity, of course, included victims that are not charged in the indictment. publishes fraud, corruption, and other criminal and civil case news; U N ITED STATES ATTO R N EY and distributes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters S TREET , S UITE 5220readers. 700 S TEWART and interested

Government’s Sentencing Memorandum Gilbert/CR07-5732BHS - Page 3

S EATT LE , W ASHINGTON 98101 (206) 553 7970

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 zenith.

A.

JD1

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4

Descriptions of

the defendant’s videos, including many that relate to JD1 are attached as Exhibit 2.5 The abuse that JD1 suffered was not limited to physical beatings and sexual exploitation. Perhaps even more damaging was Gilbert’s mental and emotional domination of an incredibly vulnerable young boy .

The story of JD1 shows Gilbert’s powers of manipulation and control at their

. Like many predators, Gilbert knew how to spot a vulnerable victim. Gilbert befriended JD1 and offered him what the boy needed most desperately in the world – .

4

23 24 25

The following description of JD1's experiences with the defendant are confirmed by the declaration of

JD1, attached as Exhibit 1.
5

This exhibit includes general descriptions of every single video. It also includes detailed descriptions of approximately 10 videotapes that constituted different counts of the superseding 26 indictment. The video descriptions were primarily created by Agent Jeffrey Stetler, however the more detailed descriptions relate to videotapes that the Government intended to present at trial, and were 27 edited by the undersigned AUSAs. The undersigned AUSA apologizes for the language used in the 28 general descriptions, which is coarse and direct, but represents the agent’s attempt to accurately describe SOURCED: WWW.BACKGROUNDNOW.COM 2009-11-18 more than provides background checks to www.BackgroundNow.com200 different videotapesbusinesses;
publishes fraud, corruption, and other criminal and civil case news; U N ITED STATES ATTO R N EY and distributes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters S TREET , S UITE 5220readers. 700 S TEWART and interested

Government’s Sentencing Memorandum Gilbert/CR07-5732BHS - Page 4

S EATT LE , W ASHINGTON 98101 (206) 553 7970

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SOURCED: WWW.BACKGROUNDNOW.COM 2009-11-18 6 In his report attached as to businesses; www.BackgroundNow.com provides background checks Exhibit 11, Dr. Les Rawlings provides a helpful definition of grooming. publishes fraud, corruption, and other criminal and civil case news; U N ITED STATES ATTO R N EY and distributes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters S TREET , S UITE 5220readers. 700 S TEWART and interested

What began as the very best day of JD1's young life, ended with the horrifying act of a 44 year-old man stroking his penis.

Essentially, Gilbert had spun a brilliant web of manipulation from which JD1 could neither escape nor fully understand. Gilbert’s hubris led him to believe that he controlled JD1 completely. But as with most sexual abusers, the defendant underestimated his victim’s strength and courage. As

Government’s Sentencing Memorandum Gilbert/CR07-5732BHS - Page 5

S EATT LE , W ASHINGTON 98101 (206) 553 7970

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discussed below, Gilbert eventually went too far with JD1,

B.

JD12 7

The defendant convinced JD1 that he was unique and special, and that the defendant’s attention was related to JD1's character rather than the defendant’s sexual urges. The cynicism of this manipulation is clear when one considers that the defendant said essentially the same things to

Gilbert referred to each cluster of boys he molested as a “Generation” --

To JD12, Gilbert, a rich 747 pilot, seemed like “a God.”

as with JD1, the abuse began the very first day Gilbert was alone with

7

These facts are taken from the September 10, 2008 Report of Investigation with JD12 and JD8.

SOURCED: WWW.BACKGROUNDNOW.COM 2009-11-18 It is attached to this memorandum businesses; www.BackgroundNow.com provides background checks to as Exhibit 12. publishes fraud, corruption, and other criminal and civil case news; U N ITED STATES ATTO R N EY and distributes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters S TREET , S UITE 5220readers. 700 S TEWART and interested

Government’s Sentencing Memorandum Gilbert/CR07-5732BHS - Page 6

S EATT LE , W ASHINGTON 98101 (206) 553 7970

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his prey. Gilbert took JD12 to his house, stripped the boy nude, and spanked him over his knees.

JD12 saw Gilbert as all-powerful. Gilbert reinforced that image by quashing a 2001 criminal investigation by the Pierce County Sheriff’s Office. PSR § 71. In that case, Gilbert spanked a boy who worked at his company. The boy told his parents, and they reported it to the police. Gilbert learned that the police were looking into the report, and he launched a counter-campaign to derail the investigation. Gilbert destroyed the physical evidence. He enlisted a friend to help him destroy his collection of homemade child pornography, consisting of numerous videotapes. PSR § 31. Gilbert also tampered with the witnesses. He gathered JD12 and his friends together to prepare them to be interviewed by the police. He coached each boy to lie and deny the abuse. The boys obeyed, and the investigation went nowhere. PSR § 71. This brush with law enforcement did not make Gilbert remorseful. To the contrary – he relished his victory. He actually mentioned the investigation during one of his homemade child pornography videos. Gilbert filmed three nude boys on a bed in the Mario room. While watching the boys masturbate and touch each others’ genitals, Gilbert sarcastically exclaimed that, Denny Wood would love to see this. Denny Wood was the investigator in the 2001 case. In an act of astonishing arrogance, Gilbert stored his child pornography on a computer hard drive and labeled it “Denny.” To Gilbert, the investigation was a joke, and his obstruction of justice was a secret triumph. He reveled in this victory, while at the same time demonstrating to his victims that he was untouchable.

SOURCED: WWW.BACKGROUNDNOW.COM 2009-11-18 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; U N ITED STATES ATTO R N EY and distributes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters S TREET , S UITE 5220readers. 700 S TEWART and interested

Government’s Sentencing Memorandum Gilbert/CR07-5732BHS - Page 7

S EATT LE , W ASHINGTON 98101 (206) 553 7970

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Gilbert’s exploitation of investigation. and possessive, and got angry whenever terrified of Gilbert.

continued, unabated, after the 2001 Gilbert was jealous spent time with girlfriends. was

Gilbert, relentless and resourceful, finally broke the victim down by using a powerful weapon against him --

Gilbert refused unless allowed Gilbert to perform oral sex on him. PSR § 69. That is the kind

of mentor Marc Gilbert was. The stories of JD1 and JD12 disprove a claim that Gilbert makes at every opportunity: in letters and recorded phone conversations, Gilbert has insisted that he mentored and spent time with young boys because he cared about them as people and wanted to help them succeed in life. Gilbert downplays his sexual interest in the boys, describing it as a secondary by-product of the relationships. Gilbert says that the taperecorded sessions of sexual abuse were simply “teenage horseplay,” and that if these boys were truly abused, they would not have returned to his home again and again. Gilbert may actually believe thes
								
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