Case 1:21-cr-00147-PLM ECF No. 1, PageID.

1 Filed 08/18/21 Page 1 of 8

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

JEFFREY STEPHEN COLE,

INDICTMENT
Defendant.
_________________________________/

The Grand Jury charges:

COUNT 1
(Sexual Exploitation and Attempted Sexual Exploitation of a Minor)

Between about February 2021 and about June 2021, the exact date being

unknown to the grand jury, in Kent County, in the Southern Division of the

Western District of Michigan,

JEFFREY STEPHEN COLE

knowingly used, persuaded, induced, and enticed, and attempted to use, persuade,

induce, and entice, a minor to engage in sexually explicit conduct for the purpose of

producing visual depictions of such conduct and that were produced using materials

which had been shipped or transported in interstate or foreign commerce.

Specifically, the defendant used, persuaded, induced, and enticed, and

attempted to use, persuade, induce, and entice a girl, Victim 1, who was

approximately 3 years old, to engage in sexually explicit conduct. The defendant

produced and attempted to produce images depicting sexually explicit conduct,

including, but not limited to, one or more of the seven images that he produced.
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The defendant produced the images using digital devices, including, but not limited

to a Samsung, model SM-102, cellular telephone, that was manufactured outside

the State of Michigan.

18 U.S.C. § 2251(a) and (e)

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COUNT 2
(Attempted Coercion and Enticement)

Between on or about June 1, 2021, and on or about June 23, 2021, in Kent

County, in the Southern Division of the Western District of Michigan, and

elsewhere,

JEFFREY STEPHEN COLE

used facilities and means of interstate or foreign commerce to communicate with an

individual to attempt to knowingly persuade, induce, entice, and coerce an

individual who defendant believed was under the age of 18 years to engage in

sexual activity for which any person could be charged with a criminal offense.

Specifically, defendant used the internet to communicate with a person he

believed to be a 14-year-old girl to attempt to convince her to engage in criminal

sexual activity. Sex acts with the 14-year-old would constitute Third Degree

Criminal Sexual Conduct, in violation of Michigan Compiled Law § 750.520d.

Sexual contact with the 14-year-old would constitute Fourth Degree Criminal

Sexual Conduct, in violation of Michigan Compiled Laws § 750.520e.

18 U.S.C. § 2422(b)

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 Case 1:21-cr-00147-PLM ECF No. 1, PageID.4 Filed 08/18/21 Page 4 of 8

COUNT 3
(Possession of Child Pornography)

On or about June 23, 2021, in the Southern Division of the Western District

of Michigan, and elsewhere,

JEFFREY STEPHEN COLE

knowingly possessed images of child pornography that involved prepubescent

minors, including, but not limited to, one or more of the images and videos listed

below:

1. All images charged in Count 1 and incorporated herein,

2. A baby cumming Party.mov,
3. Pthc Vid-20161228-Wa0099.3.gp
4. Pthc-!!!2014 sanucka.mpg,
5. Pthc_(NEW)_-_9yo_tastes_cock-.mpg,
6. 468365318026436867.0,
7. 55.jpg,
8. 56.jpg,
9. 80.jpg,
10. 85.jpg,
11. 7817752467204131764.0, and
12. 1315074733796408007.0.

Such images were produced using materials which had been shipped or transported

in interstate or foreign commerce, including, but not limited to, a Samsung, model

SM-102 cellular telephone, Motorola, model Razer MAXX cellular telephone, and a

Dell Latitude laptop computer, which were manufactured outside the State of

Michigan.

18 U.S.C. § 2252A(a)(5)(B) and (b)(2)

18 U.S.C. § 2256(8)(A)

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 Case 1:21-cr-00147-PLM ECF No. 1, PageID.5 Filed 08/18/21 Page 5 of 8

FORFEITURE ALLEGATION
(Sexual Exploitation of a Minor and
Possession of Child Pornography)

The allegations contained in Counts 1 and 3 of this Indictment are hereby

realleged and incorporated by reference for the purpose of alleging forfeiture

pursuant to 18 U.S.C. § 2253.

Pursuant to 18 U.S.C. § 2253, upon conviction of one or both of the offenses in

violation of 18 U.S.C. §§ 2251 and 2252A,

JEFFREY STEPHEN COLE

shall forfeit to the United States of America any visual depiction described in 18

U.S.C. § 2252A; any matter which contains any such visual depiction that was

produced, transported, mailed, shipped, and received in violation of Title 18, United

States Code, Chapter 110; any property, real or personal, constituting or traceable

to gross profits or other proceeds obtained from the offenses; and any property, real

or personal, used or intended to be used to commit or to promote the commission of

the offenses or any property traceable to such property. The property to be

forfeited, as to all counts, includes, but is not limited to, the following:

1. Samsung cellular telephone, model SM-102,

2. Samsung cellular telephone, model SM-110,
3. Motorola cellular telephone, model Razer MAXX, and
4. Dell Latitude laptop computer, model P111G, S/N#14XHLT2.

If any of the property described above, as a result of any act or omission of the

defendant:

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

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c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided

without difficulty,

the United States of America shall be entitled to forfeiture of substitute property

pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 2253(b) and by 28

U.S.C. § 2461(c).

18 U.S.C. § 2253
21 U.S.C. § 853(p)
28 U.S.C. § 2461(c)
18 U.S.C. § 2251
18 U.S.C. § 2252A

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FORFEITURE ALLEGATION
(Attempted Coercion and Enticement)

The allegations contained in Count 2 of the Indictment are hereby re-alleged

and incorporated by reference for the purpose of alleging forfeiture pursuant to 18

U.S.C. § 2428.

Pursuant to 18 U.S.C. § 2428, upon conviction of an offense in violation of 18

U.S.C. § 2422 set forth in Count 2 of the Indictment,

JEFFREY STEPHEN COLE

shall forfeit to the United States of America, any property, real or personal, used or

intended to be used to commit or to facilitate the commission of the offense and any

property, real or personal, constituting or derived from any proceeds obtained,

directly or indirectly, as a result of the offense.

1. Samsung cellular telephone, model SM-102,

2. Samsung cellular telephone, model SM-110,
3. Motorola cellular telephone, model Razer MAXX, and
4. Dell Latitude laptop computer, model P111G, S/N#14XHLT2.

If any of the property described above, as a result of any act or omission of

the defendant:

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided

without difficulty,

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the United States of America shall be entitled to forfeiture of substitute property

pursuant to 21 U.S.C. § 853(p) as incorporated by 28 U.S.C. § 2461(c).

18 U.S.C. § 2428
21 U.S.C. § 853(p)
28 U.S.C. § 2461(c)
18 U.S.C. § 2422

A TRUE BILL

__________________________________________
GRAND JURY FOREPERSON

ANDREW BYERLY BIRGE

United States Attorney

___________________________________
DANIEL Y. MEKARU
Assistant United States Attorney