Case: 1:20-cr-00358-SL Doc #: 40 Filed: 11/02/21 1 of 26.

PageID #: 337

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

UNITED STATES OF AMERICA, ) CASE NO.: 1:20CR358

)
Plaintiff, ) JUDGE SARA LIOI
)
v. )
)
ROBERT D. McWILLIAMS, ) GOVERNMENT'S SENTENCING
) MEMORANDUM
Defendant. )

The United States of America, by its counsel, Bridget M. Brennan, Acting United States

Attorney, and Carol M. Skutnik, Assistant United States Attorney, respectfully submit this

memorandum setting forth the United States’ position regarding the sentencing of Robert D.

McWilliams (hereafter “McWilliams” or “Defendant”). On July 16, 2021, McWilliams pleaded

guilty to all charges set forth in the Indictment without a plea agreement, which included

pleading to production and distribution of sexually explicit images of minors and juvenile sex

trafficking.

The government has reviewed the Presentence Report (“PSR”) submitted by the

Probation Department and recognizes that the advisory Guidelines range for the offenses to

which Defendant pleaded guilty is a life term of incarceration. The government recommends a

within-Guidelines term in this instance, but further states that if the Court determines that such a

term is greater than necessary to comport with the purposes of sentencing, a term of no less than

40 years would be sufficient but not greater than necessary. The reasons for the government’s

position are set forth in this memorandum and will be more fully stated during the sentencing

hearing. Additional reasons for the government’s position, namely those relating to the privacy

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protections afforded minor victims and codified in Title 18, United States Code, Section 3509,

must be and will be submitted to the Court in a sealed filing.

I. Factual Background

A. The Identified Victims

This investigation originated in October of 2019, long after McWilliams’ offense conduct

began. It revealed how McWilliams, a Catholic Priest, led the quintessential double life

professing the tenants of Christianity in public while using fake identities and technology to

conceal his sexual attraction to minors. McWilliams amassed a disturbing collection of child

pornography, extorted teenage boys for sexually explicit images, and provided compensation to

two other teen boys in exchange for sexual acts. Below are the victims covered by the

Indictment:

Count Offense Date Range Victim/Offense Conduct

1 Title 18 U.S.C. § March 2018 Minor Victim #1
1591(a)(1) and (b)(2): Sex through October Age: ~15-16 years old
Trafficking of a Minor 25, 2019
(between 14 and 18 years
old)
2 Title 18 U.S.C. § March 2018 Minor Victim #2
1591(a)(1) and (b)(2): Sex through January Age: 13 years old
Trafficking of a Minor (less 31, 2019
than 14 years old)
3 Title 18 U.S.C. § 2251(a): November 26, Minor Victim #3
Sexual Exploitation of 2017 through May Age: 15 in some images
Children 17, 2018
4 Title 18 U.S.C. § 2251(a): May 17, 2018 Minor Victim #4
Sexual Exploitation of through July 23, Age: ~17-18 years old
Children 2019
5 Title 18 U.S.C. § 2251(a): May 13, 2017 Minor Victim #5
Sexual Exploitation of through September Age: ~9-11 years old
Children 29, 2019
6 Title 18 U.S.C. § May 15, 2018 120 videos and 2 images of child
2252(a)(1): Transportation through September pornography uploaded to
of Child Pornography 15, 2018 Dropbox. Those files were
submitted to NCMEC and only

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17 videos and 1 image belong to

children from 13 identified series
7 Title 18 U.S.C. § January 2017 McWilliams received sexually
2252(a)(2): Receipt and through September explicit images from Victims 3-5
Distribution of Visual 2019 and distributed images of Victims
Depiction of a Minor 3 and 4 and unknown minor
Engaged in Sexually female victim to the victims and
Explicit Conduct their parents.
8 Title 18 U.S.C. § December 5, 2019 Seagate External HDD that
2252A(a)(5)(B): contained 12 images and 1,383
Possession of Child videos of CP plus an HP Spector
Pornography laptop that contained 210 images
and 201 videos of CP

B. The Defendant

Until 2017, McWilliams was a seminarian associated with St. Helen’s Catholic Church in

Newbury Township, Ohio, which includes a church, Teen Life Program, and an elementary

school. McWilliams was especially active in the Teen Life Program. The families of Victims 3

through 5 are members of St. Helen’s parish. Not long after McWilliams entered their lives, the

parents noticed behavioral issues with their sons and thought McWilliams, someone who

appeared to have the ability to engage teenagers, might be able to help them. McWilliams would

take them to lunch, attend their functions, spend time talking with them, and bring them gifts.

He would also invite himself to family dinners and show up at their homes unannounced.

In the spring of 2017, he was ordained a Catholic priest and appointed Parochial Vicar of

Saint Joseph Catholic Church in Strongsville, Ohio. St. Joseph Catholic Church is the spiritual

home of over 2,880 families and hosts a robust Youth Ministry Program that serves 7th through

12th grade parishioners. However, McWilliams chose to frequent the homes of the St. Helen’s

families and appeared at many activities planned for the children. These families had no idea

what McWilliams was truly up to.

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C. Execution of the State Search Warrant

McWilliams came to the attention of the Geauga County Sheriff’s Office in October of

2019, after two families from the St. Helen’s parish filed a report detailing how their sons were

extorted online for sexually explicit images of themselves. [Further details of these offenses will

be filed separately, under seal.] Investigator Richard Warner from the Geauga County

Prosecutor’s Office agreed to handle the investigation given his expertise in the investigations of

crimes against children. Inv. Warner was able to use information located on the victims’

cellphones to track text message communications back to McWilliams, who was using

applications like “TextMe” and “TextNow” to hide his phone number.

On December 4, 2019, Investigator Warner, and members of the Ohio Internet Crimes

Against Children (“ICAC”) executed a search warrant at McWilliams’ living quarters at Saint

Joseph Catholic Church in Strongsville, Ohio. They seized two laptop computers, a hard disc

drive, one tablet, and a cellphone.

The forensic examination of the devices revealed McWilliams’ iPhone was synced to his

laptop using the iTunes Back up feature. Inv. Warner located several sexually explicit images of

Victim #4 taken when he was no older than 16-years-old. Inv. Warner also located sexually

explicit images of Victim #3, taken in 2018, when he was just 16 years old. Other text messages

found on McWilliams’ cellphone from November 26, 2017, when Victim #3 was 15 years old,

illustrated how McWilliams extorted images from his victims.

D. Dropbox

McWilliams’s devices revealed a cloud storage container he created with Dropbox Inc.

using the email address “forsafe_keeping@aol.com. It contained three folders filled with child

pornography. Most of the files were videos and depicted prepubescent boys being anally raped,

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performing oral sex or being masturbated on. Videos are the most graphic form of child

pornography because they depict a continuous rape with the horror of sound. Many of

McWilliams’ Dropbox videos involved young boys, including toddlers, and were unusually

lengthy. He also had numerous image and video files of pubescent and prepubescent boys

masturbating or performing sexual acts with other males while on a webcam. McWilliams’ two

other Dropbox accounts contained folders labeled “Worship Music – Master Collection” and

“Camera Uploads.” Many of the images in those folders ironically depicted McWilliams

conducting religious ceremonies and posing with families from the church.

Ohio ICAC performed a forensic evaluation on McWilliams’ devices seized during the

search warrant. McWilliams had a Seagate external hard drive that contained a folder named

“Yaaaaas” filled with 12 images and 1,383 videos of child pornography. This folder was located

among other folders labeled “Homilies and Reflections,” “Psalm Bible Studies,” and “Self-

Evaluations.” His HP laptop was found to contain 210 images and 201 videos of child

pornography.

Further investigation revealed McWilliams created several email addresses that he used

to send himself child pornography. For example, he sent 20 images of prepubescent boys

engaged in oral sex, anal sex, or the lascivious exhibition of their genitals to himself on January

2, 2019. This method is sometimes used by collectors to store child pornography or allow access

to the images on multiple devices. Among these emails were sexually explicit images of Victim

#3 sent in December of 2017. Clearly it was important to McWilliams that he have access to the

images he extorted from the victims. McWilliams further used his email accounts to locate

males on Craigslist for sexual encounters.

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E. Sex Trafficking of Minors

The forensic examination of McWilliams iPhone and the iTunes Back up files further

revealed chat messages that established McWilliams was also engaged in juvenile sex

trafficking. The first boy identified by Inv. Warner was Victim #1, a 16-year-old boy from

Medina, Ohio. Victim #1and his friend, Victim #2, were searching through the Grindr.com

application when they began chatting with man named “Mike.” “Mike” offered to pay them for

sex. Victim #1 and Victim #2 were later able to identify McWilliams, known to them as “Mike,”

in a photo array. [Further details of these offenses will be filed separately, under seal.]

III. The United States’ Recommendation is Reasonable and Necessary to Comply with §
3553(a)

The recommendations of the Sentencing Guidelines are no longer mandatory but

sentencing courts “must consult these Guidelines and take them into account when sentencing.”

United States v. Booker, 543 U.S. 220, 264 (2005). The Sentencing Guidelines are “the ‘starting

point and the initial benchmark.’” Kimbrough v. United States, 552 U.S. 85, 108 (2007) (quoting

Gall v. United States, 552 U.S. 38, 49 (2007) (noting that the Guidelines should “be kept in mind

throughout the process”). The sentencing court must conduct a two-step process: first

calculating the sentence using the advisory Sentencing Guidelines, and then applying an

individualized assessment under the statutory sentencing factors set forth in 18 U.S.C. § 3553(a).

United States v. Boulware, 604 F.3d 832 (4th Cir. 2010). These factors include:

(1) the nature and circumstances of the offense and the history and characteristics of the
defendant;

(2) the need for the sentence imposed—

(A) to reflect the seriousness of the offense, to promote respect for the law, and to
provide just punishment for the offense;

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(B) to afford adequate deterrence to criminal conduct;

(C) to protect the public from further crimes of the defendant.

(6) the need to avoid unwarranted sentence disparities among defendants with similar
records who have been found guilty of similar conduct

18 U.S.C. § 3553(a).

According to the PSR, McWilliams has a total offense level of 43, after acceptance, and

is a Criminal History Category I. [R. 36: Sealed PSR, PageID 187]. Therefore, the advisory

Sentencing Guidelines for McWilliams recommend life in prison.

A. Nature and Circumstances of the Offense

McWilliams’ criminal conduct is multi-faceted and unprecedented. He is a consumer of

child pornography, and an extortionist who violated the sacrament of confession to obtain

information he later used, under aliases, to seek the production of sexually explicit material from

boys he was “counseling,” and a juvenile sex trafficker. McWilliams targeted a vulnerable

population that is also our most valuable resource: our children. His conduct is beyond serious

and demands an appropriately lengthy sentence.

B. History & Characteristics of the Defendant

Many defendants involved in other federal crimes, such as drugs and guns, have dire

family life circumstances that lead them to the all-too-predictable path of crime. The defendant

in this case experienced the antithesis of that lifestyle. Although his parents were divorced, both

remained active in his childhood. His mother remarried several times, but McWilliams reported

that he had a positive relationship with his stepfathers, and he was not exposed to domestic

violence. [R. 36: Sealed PSR, PageID 189]. He did not disclose any abuse or neglect to the PSR

writer, and his mother reported he was never abused or neglected.” [Id., PageID 189-90]. The

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Defendant’s attorney did advise the PSR writer that McWilliams was speaking to a professional

about those issues. [Id.] The defendant was raised in good neighborhoods in the Akron area,

and he never witnessed any drugs or violence in those neighborhoods. [Id.]

While committing these crimes, he had a supportive family in his mother and sister. He

reports being estranged from his brother that uses drugs. [Id.] He was in good overall physical

health, but reports being borderline diabetic. While incarcerated he reports chronic lower back

pain, constipation, hypertension, and sciatica. [Id., PageID 190]. He denied any mental health

issues, which was corroborated by his mother. He did make a vague reference to anxiety -related

symptoms that would not be inconsistent with a person incarcerated for very serious federal

charges.

It is not uncommon for offenders to allege or for observers to speculate that a person

accused of child sex crimes must have been sexually abused as a child. But both common sense

and scientific research undercut such post-hoc rationalizations for why they committed crimes

that mimicked their own alleged sexual abuse.

It does not require a Ph.D. to conclude that a person who experiences a traumatic event is

more likely to empathize with another person who is going through similar trauma. This same

common-sense logic applies to those who suffer sexual abuse of any kind, whether childhood

sexual abuse or sexual assault as an adult. Those individuals will naturally be more empathetic

towards someone who has experienced the same type of sexual abuse. The research on empathy

supports this common-sense analysis. “Theoretically, the closer that one’s own personal

victimization experience matches a victim’s condition (i.e., relationship context), the more one

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should identify with that situation.”1 Indeed, “those who have experienced some type of sexual

victimization report more empathy than those without such experience.”2

In a study published in 2016, researchers conducted qualitative research on male victims

of sexual abuse, inquiring why they had not perpetuated the abuse on others. “By far, the most

commonly cited reason the participants gave for having not sexually offended was experiencing

empathy for other people and having no desire to hurt others.”3 When asked to explain,

participants in the study made statements such as, “Experiencing pain is like putting your hand in

the fire. You don’t have to tell anyone twice that they are experiencing pain. I wouldn’t want to

stick someone else’s hand in the fire. . . I’m aware of the pain and emotions that an abused

person would go through and I don’t want to put anyone else through that.”4 The study’s authors

observed that “[s]uch evidence is unique as it directly contradicts the victim–offender cycle

hypothesis because it demonstrates that not all victims become offenders and, in fact, the

victimizing experience contributed to their status as a nonoffender.”5 In other words, instead of

making them more likely to offend against a child, being a victim of sexual abuse actually makes

them less likely to offend because the natural empathy developed from such experiences deters

such perpetuating behavior. “This, coupled with the knowledge that the majority of victims do

not become sexual offenders (Salter et al., 2003), adds substantially to the argument that the

1
Osman SL. (2014). Participant Sexual Victimization by an Acquaintance and Gender Predicting
Empathy with an Acquaintance or Stranger Rape Victim. Journal of Social and Clinical
Psychology, Vol. 33, No. 8, 2014, pp. 732-742.
2
Osman SL. (2011). Predicting rape empathy based on victim, perpetrator, and participant
gender, and history of sexual aggression. Sex Roles 64, 506–515.
3
Id.
4
Id.
5
Id.

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pathway from victim to offender is not as direct as the literature would have us believe.”6 And

studies have shown that “not all victims of childhood sexual abuse go on to sexually abuse

others. In fact, the majority of victims do not go on to perpetuate the abuse.”7 “Furthermore, not

all sexual offenders have a history of sexual abuse. Thus, ‘sexual abuse history is neither a

sufficient nor a necessary condition for adult sexual offending.’”8

These claims should also be viewed with skepticism because research has consistently

shown that such self-reports by those accused of sexual offending are inherently unreliable in a

statistically significant way. In 2001, a series of studies from 1978 through 1994 were examined

in an article published in Federal Probation. The article explained that the three different studies

showed remarkable consistency such that the following conclusions could be summarized as

follows:

1. Adults will lie and understate by a factor of five to six the number of sexual
crimes they have committed.
2. Adults will lie and under report their history as a juvenile sex offender.
3. Adults will lie and over report their history of childhood sexual victimization.
4. With polygraphs, they disclose six times as many victims and most confess
that they were sexually offending as juveniles.

Hindman, J. & Peters, J.M. (2001), Polygraph testing leads to better understanding adult and

juvenile sex offenders, Federal Probation, 65(3), 8–15. One chart puts the evidence in stark relief:

6
Id.
7
Id. (citing Jespersen et al., 2009; Thomas & Fremouw, 2009; Widom & Ames, 1994; Salter et
al., 2003).
8
Id. (quoting Jespersen et al., 2009, p. 190).

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As the chart makes clear in the second row, before taking a polygraph, 61% claimed to have

been sexually abused as a child. But that number fell by half to 30% when the polygraph

examination was administered. In other words, more than half of the defendants who claimed to

have been sexually abused had lied. The article’s authors summarized the situation thus:

“Today, just as in 1978, adult offenders not polygraphed are very likely to minimize the history

of their abusive behavior and to overstate their own histories of victimization.” Id.

Even if there were a correlation between being a victim of child molestation and a

defendant later engaging in serial, sexually exploitative conduct on children—which is not

supported by logic or science—correlation is not causation. While this “correlation” may appear

attractive as an explanation for inexplicable conduct, reality does not bear it out. If being

sexually abused makes one more likely to offend in a like manner, why don’t girls, who make up

a disproportionately larger percentage of child exploitation victims, make up an equally large

percentage of child exploitation offenders? In other words, if abuse begets abuse, then the large

volume of female victims would result in a demonstrably larger volume of female offenders.

Statistics do not bear this out. Indeed, this Court’s own experience likely is instructive: How

many female pedophiles has this Court sentenced as compared to males?

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Research in this area further illustrates that a defendant’s suggestion—being abused

caused him to abuse—is scientifically unsupported. “The victim-offender cycle in male sexual

abuse has been popularized as an explanation of why some males sexually offend. However,

there are serious limitations to this explanation.”9 As one journal article explained it, “sexual

abuse at particular ages and frequency of abuse do not of themselves necessarily lead to an

increased likelihood of perpetuating abuse across generations.”10 Indeed, “the data do not

provide strong support for a cycle of sexual abuse encompassing a substantial proportion of male

perpetrators.”11

With respect to studies which have suggested that “prior victimization may have some

effect in a minority of perpetrators . . . [a]nother possibility is that some sexual perpetrators may

feign sexual victimization in order to gain sympathy, preferential treatment, or therapy.”12

“There is also legitimate concern regarding the validity of many of the self-reports of pedophiles

who claim to have been abused as children themselves. These statements are often made in a

legal or group treatment setting, in which pedophiles may be trying to mitigate their sentence or

gain sympathy for their behavior.”13 In fact, “[s]tudies into prevalence of childhood sexual abuse

among sex offenders have produced mixed results with 8% to 60% of child molesters reporting

having been sexually abused as a child. Variability in prevalence rates across studies may be due

9
Lambie, Ian, et al., Resiliency in the victim-offender cycle in male sexual abuse, Sex Abuse: A Journal of Research
and Treatment 14(1), 43 (2002).
10
Briggs, F. and R. Hawkins, A Comparison of the Childhood Experiences of Convicted Male Child Molesters and
Men who were Sexually Abused in Childhood and Claimed to be Nonoffenders, Child Abuse & Neglect 20(3), 230
(1996).
11
Glasser, M. et al., Cycle of child sexual abuse: links between being a victim and becoming a perpetrator, The
British Journal of Psychiatry 179, 488 (2001).
12
Glasser, M. et al., Cycle of child sexual abuse: links between being a victim and becoming a perpetrator, The
British Journal of Psychiatry 179, 488 (2001).
13
Hall, R.C.W., A Profile of Pedophilia: Characteristics of Offenders, Recidivism, Treatment Outcomes, and
Forensic Issues, Mayo Clinic Proceedings 82(4), 464 (2007).

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in part to differing motivations on the part of subjects to give self-serving histories.”14

Additionally, “[p]erpetrators may lie about their actions or attempt to excuse their behavior by

pointing to their own victimization as children.” 15 Moreover, “[e]xcuse-making may be more

prevalent in settings where such behavior may be useful, such as in the early stages of therapy

(before learning that excuse-making is not acceptable) or during the trial process (perhaps under

the guidance of enthusiastic defense lawyers).”16 Indeed, as explained above, “when verified by

polygraph . . . the percentage of offenders who experienced sexual victimization in their own

lives drops significantly.”17

Williams submitted a written statement for acceptance of responsibility to the PSR writer.

The statement simply read “I admit and accept responsibility for the offenses I pled guilty to in

the Indictment. Along with this acceptance, I want to state my shame and sorrow for having hurt

the victims, their families, and the church.” (R. 36: Sealed PSR, PageID 182). The statement

rings hollow given the gravity and duration of McWilliams’ crimes. It also seems focused on the

Defendant’s consequences (shame and sorrow) and not those of the victims. In this case, we

don’t have to speculate about the harm visited upon McWilliams’ victims and the families that

have experienced this process with them. The families have expressed some of those feelings in

their own words to the Court. Indeed, many victims of sexual exploitation experience PTSD, as

explained below regarding the Adverse Childhood Events studies.

14
Haywood, Thomas et al., Cycle of Abuse and Psychopathology in Cleric and Non-cleric Molesters of Children
and Adolescents, Child Abuse & Neglect 20(12) 1234, (1996.
15
Briggs, F. and R. Hawkins, A Comparison of the Childhood Experiences of Convicted Male Child Molesters and
Men who were Sexually Abused in Childhood and Claimed to be Nonoffenders, Child Abuse & Neglect 20(3), 232
(1996).
16
Id.
17
Hindman, Jan et al., Shedding Light on the Histories of Sex Offenders Using Clinical Polygraphy, The Sexual
Predator (vol. IV), 20-5 (2010); see also Hindman, Jan et al., Polygraph Testing Leads to Better Understanding
Adult and Juvenile Sex Offenders, Federal Probation 65(3), 8 (2001).

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On balance, the history and characteristics of McWilliams make clear that he has lived a

relatively stable life with family support. He was not corralled into this crime by a series of

unfortunate life circumstances. Rather, his actions were deliberate and methodical, and his

sentence should reflect those facts.

C. Seriousness of the Offense, Promoting Respect for the Law, Providing Just
Punishment

There can be no question that Defendant’s offenses are very serious under the law. The

known victims may not become fully aware of their thoughts and feelings until they are much

older. Others have already manifested their feelings of betrayal evidenced by their unwillingness

to trust others, attend church, or discuss their faith. The children depicted in McWilliams child

pornography collection remain in a continuous loop of emotions, never able to truly heal from

the original exploitation because people like McWilliams are downloading their images for

sexual enjoyment. Many of these children are now at an increased risk of falling prey to alcohol

abuse, illicit drug use, sexual promiscuity, and suicide. Research in this area is startling and

demonstrates the need for a significant punishment.

In the late 1990s, the Kaiser Permanente San Diego Health Appraisal Clinic, a primary

care clinic where more than 50,000 adult members of an HMO receive medical examinations,

began a study to examine the long-term relationship between Adverse Childhood Experiences

(ACEs) and a variety of health behaviors and health outcomes in adulthood. First, they took a

survey of adults who were members of the Kaiser HMO to determine the number of ACEs

experienced. An ACE was defined to include an experience occurring to the adult before the age

of 18 such as verbal abuse, physical abuse, contact sexual abuse, a battered mother, household

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substance abuse, household mental illness, incarcerated household members, and parental

separation or divorce. The survey data was collected in 1995 through 1997.

In early 2009, using the National Death Index mortality data, researchers analyzed how

many of the 17,337 original survey respondents were deceased 10 years after the survey. The

results were startling. “People with six or more ACEs died nearly 20 years earlier on average

than those without ACEs.” David W. Brown, et al, Adverse Childhood Experiences and the Risk

of Premature Mortality, 37 American Journal of Preventive Medicine 389-96 (2009). In other

words, if a person in the control group lived to 79.1 years old, that same person will only live to

age 60.6 years old if he/she experienced six or more ACEs before the age of 18.

While it is certainly alarming to know that serious negative experiences in childhood

could be correlated with such a precipitous drop in life expectancy, the ACE Study expressly

observed that “[t]here are several reasons to believe that these estimates of the relationship

between ACEs and premature death are conservative.” (Id. at 394 (emphasis added).) Indeed,

when the initial survey was conducted in 1995 to 1997, approximately 60% of the survey

respondents were already 50 years or older. Given that fact, “it is reasonable to postulate that

people who are exposed to ACEs (particularly multiple ACEs) are more likely (compared to

those who are unexposed) to be aborted; die during childhood or young adulthood; be

institutionalized; or be otherwise lost prior to the initiation of the ACE Study.” (Id. at 394-95.)

In other words, the ones who lived long enough and thrived well enough to be available for the

HMO study were the hardiest of those who had experienced 6 or more ACEs; yet even that hardy

group experienced a premature mortality of 20 years. In addition, the survey respondents were

of a population who were enrolled in a major health plan at that time, i.e., “predominantly white,

middle-class adults.” (Id. at 394.) Due to these facts about the survey population, “the

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association between ACEs and premature all-cause mortality would be biased downward.” (Id. at

395.) In other words, it is reasonable to conclude that an ACE victim’s risk of premature

mortality is even greater than the ACE Study results show.

Additional research using the same survey data has drilled deeper to better understand the

relationship between the severity of the childhood sexual abuse (not just adverse childhood

experiences) and the long-term health and social problems. See Shanta R. Dube, et al, Long-

Term Consequences of Childhood Sexual Abuse by Gender of Victim, 28 American Journal of

Preventive Medicine 430-38 (2005). First, the study bifurcated the population of sexual abuse

victims by classifying them into “sexual abuse, no intercourse” and “intercourse.” Intercourse

was defined as answering yes to the question of whether any “adult, relative, family friend, or

stranger ever” attempted or actually had “any type of sexual intercourse with you (oral, anal, or

vaginal).”

Using those definitions and categories, the study showed that adult women who were

sexually abused in the form of intercourse as a child, were 360% more likely to attempt suicide

than women who had never been sexually abused as a child. (Id. at 432, Table 4.) Equally

unsettling was that even the children who experienced non-intercourse sexual abuse (so-called

“just fondling”) were 80% more likely to attempt suicide than those who had never been sexually

abused. Sadly, this data set does not (because it cannot) include actual suicides, which

undoubtedly would increase the odds described in the study.

In addition to suicide risk, non-intercourse female child sexual abuse victims were 60%

more likely to use illicit drugs (“street” drugs, e.g., meth, heroin, cocaine), and 50% more likely

to have alcohol problems. Even worse, intercourse victims were 90% more likely to do each.

(Id.)

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Below is a chart summarizing the increased health risks to people like the victims

depicted in the defendant’s collection, who each experienced adverse childhood experiences

while being photographed or recorded:

Years of life lost 18.5

Increased risk of attempted suicide 360%
Increased risk of using street drugs, e.g., 90%
meth, heroin, cocaine
Increased risk of adolescent pregnancy 60%
Increased risk in first pregnancy resulting in 10.2%
fetal death

Section 3553(a)(2)(A) instructs this Court to fashion a sentence “to reflect the seriousness

of the offense, to promote respect for the law, and to provide just punishment for the offense.”

(emphasis added). The scientific articles interpreting the ACE Study very clearly demonstrate

the profound long-term consequences of various kinds of adverse childhood experiences,

especially childhood sexual abuse. The victims involved in this case have an increased risk of

attempting suicide, using illicit drugs, alcohol problems and dying prematurely. In short,

through the manipulation and exploitation of these teenagers and the consumption of images of

children that were raped by others, McWilliams has forever impacted their lives in ways that

could have significant potential long-term health consequences.

A significant sentence of imprisonment would therefore be both reasonable and

appropriate — “just punishment” in the terms of § 3553(a)—given the consequences that these

victims will likely experience due to the defendants’ actions.

D. Adequate Deterrence & Protect the Public

Both specific and general deterrence calls for significant sentences above the mandatory

minimum to send a message that engaging in sexual abuse of children that causes extensive harm

will result in a federal prison term that takes one far into old age. A long sentence is also

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necessary to minimize the risk of harm to the public lest this Defendant return to society at an

age where his physical functioning and predilections result in continued inappropriate sexual

behavior.

Congress, the Supreme Court, and the Sentencing Commission believe general

deterrence is a very important factor when considering an appropriate sentence. United States v.

Irey, 612 F.3d 1160, 1206 (citing United States v. Ferber, 458 U.S. 747, 760 (1982) (The most

expeditious if not the only practical method of law enforcement may be to dry up the market for

[child pornography] by imposing severe criminal penalties on persons selling, advertising, or

otherwise promoting the product); Osbourne v. Ohio, 495 U.S. 102, 109-10 (1990) (It is also

surely reasonable for the State to conclude that it will decrease the production of child

pornography if it penalizes those who possess and view the product, thereby decreasing

demand); United States v. Goff, 501 F.3d 250, 261 (3rd Cir. 2007) (Deterring the production of

child pornography and protecting the children who are victimized by it are factors that should

have been given significant weight at sentencing.); United States v. Barevich, 445 F.3d 956, 959

(7th Cir. 2006) (The avenue Congress has chosen to weaken the child pornography industry is to

punish those who traffic in it. Consuming child pornography increases market demand.

In fact, the Bistline Court reversed a district court that failed to see any importance in

general deterrence. See United States v. Bistline, 665 F.3d at 767. The district court stated,

“general deterrence . . . will have little [if] anything to do with this particular case.” Id. The

Sixth Circuit found “that [the district court’s] statement is inexplicable, and in any event

conflicts with our statement that ‘general deterrence is crucial in the child pornography

context[.]’” Id. (citing United States v. Camiscione, 591 F.3d 823, 834 (6th Cir. 2010)).

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Further, this Court must consider specific deterrence because the risk Defendant poses to

children is immense. “An analogy often used in the field may make this question easier to

answer: How many people who collect baseball cards have also played the game (or would play,

if given the opportunity)? In other words, do the things we collect reflect our fantasies and

interests? An answer in the affirmative seems obvious.” Handbook of Behavioral Criminology,

p. 332, edited by Dr. Vincent B. Van Hasselt and Dr. Michael L. Bourke, Springer Intl.

Publishing (2017). Likewise:

A similar analogy addresses online collecting behavior and involves people who
download images and videos about trout fishing. How many have spent time in the
water with a rod and reel? Perhaps not all, but surely most. Equally important, how
many of the people who watch fishing videos engage in fantasy while watching
them? And this is the key point: When they view fish being pulled from scenic
mountain streams, are they fantasizing about the next time they will be able to
watch a fishing video, or the next time they will have the opportunity to hook a
trout? It seems clear we view and collect things that reinforce our fantasies, and
we fantasize about things we would like to do.

Id. (emphasis added). Thus, the public has a right to be protected from this defendant who has

demonstrated a cruel desire to manipulate vulnerable children into talking about their private

thoughts only to later use that information to force them into the classic Hobson’s Choice18:

continue to send pictures to a stranger of yourself masturbating or have this stranger publish your

humiliation to your family and friends who don’t know about your struggles.

Even though McWilliams, and others who have an overwhelming desire for children,

may not be deterred even if the sentence for the crimes was life, it is also true that others would

certainly not be deterred if McWilliams received a low sentence. These offenders do talk to each

other via the Internet and social media, and they are concerned enough about law enforcement

18
Merriam-Webster’s dictionary defines Hobson’s Choice “an apparently free choice when there is no real
alternative. 2: the necessity of accepting one of two or more equally objectionable alternatives.”
https://www.merriam-webster.com › dictionary › Hobson'.

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that they encrypt their hard drives, seek foreign websites, and use anonymous phone applications

to avoid detection. In fact, McWilliams possessed an unusually heightened knowledge of the

way law enforcement catches child predators and the potential penalties one faces. There is

much to be gained here by a significant sentence—increased safety for our children.

E. Need to Avoid Unwarranted Sentencing Disparities

This Court has encountered many cases involving the receipt, distribution, and possession

of child pornography. Sadly, this Court has also seen several cases where a child was exploited

for the creation of an image or exploited for commercial sex. However, it is rare to encounter

such a triple threat defendant. McWilliams used technology to disguise his phone number,

created secret email accounts, and used cloud storage to grow and organize his collection of child

pornography. Yet, it was the non-technical aspects of his crimes that make him so much more

dangerous. He was cunning, calculating and extremely cruel. Only a sociopath could accept the

hospitality of a family only to disappear into another room to transmit images of a victim to his

mother so he could witness the pain inflicted upon his hosts. Yet, this was just the tip of the

iceberg.

Some Courts may rely on sentencing statistics when fashioning a sentence that

contemplates sentencing disparities. The Government would note, however, that sentencing

statistics maintained by the U.S. Sentencing Commission fall into two different categories,

relative to this case. According to the USSG, Appendix A (Descriptions of Datafiles and

Variables), the followings types of crimes are grouped in the two listed categories:

Child Pornography includes the receipt or possession of materials

involving the sexual exploitation of minors. This category
includes offenders sentenced under §§2G2.2 and 2G2.4 (deleted)
of the Guidelines Manual.

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Sexual Abuse includes criminal sexual abuse, sexual abuse of a

minor, sexual abuse of a ward, abusive sexual contact,
transportation of minor for sex, sex trafficking of children, sex
trafficking of adults by force, fraud or coercion, child pornography
production, and child exploitation enterprises. This category
includes offenders sentenced under §2G1.1 who received a Base
Offense Level of 34, and all offenders sentenced under §§2A3.1,
2A3.2, 2A3.3, 2A3.4, 2G1.2 (deleted), 2G1.3, 2G2.1, 2G2.3, and
2G2.6 of the Guidelines Manual.

Id. at A-6 and A-8.

The details of the data incorporated into each category is relevant because, for example,

average sentences for a child pornography defendant encompasses every type of offender from

the mere possessor to the trafficker. Defendants that produce child pornography are grouped

with hands on offenders that range from touching over the clothes to rape to sex trafficking. This

method makes the statistical averages a less attractive and reliable result. The Guidelines in this

case capture many of the factors that make this case egregious. Moreover, statistics are less

informative in this case because McWilliams’ crimes cover multiple offense categories. This is

not a fact pattern captured by any one sentencing statistic. The Government submits that a

within-Guidelines sentence or, alternatively, one that does not fall below a 40-year term of

incarceration, would avoid unwarranted sentencing disparities.

IV. Lifetime supervised release is reasonable and appropriate

Regardless of the term of imprisonment, this Court should impose a term of supervised

release that extends for the life of the defendant. “Supervised release fulfills rehabilitative ends,

distinct from those served by incarceration.” United States v. Johnson, 529 U.S. 53, 59 (2000).

Supervised release is not a punishment in lieu of incarceration. See United States v. Granderson,

511 U.S. 39, 50 (1994). If being on supervised release were the punitive equivalent of being in

prison, and if it served the just desserts function, there would be no need to put most criminals in

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prison. See United States v. Irey, 612 F.3d 1160, 1210 (11th Cir. 2010). The life term

recommendation contained in Section 5D1.2(b) is evidence that recidivism rates for sex

offenders do not appreciably decline as offenders age. See H.R. Rep. No. 107-527, at 2 (2002)

(discussing the merits of a life term of supervised release for sexual offenders); see also supra

(discussing defendants over the age of 60 who have committed similar federal child exploitation

crimes). Because, in sex crimes cases, there is no reason to believe that the need for supervision

inherently decreases with time, Congress found lifetime supervised release to be appropriate, and

thus directly inserted such a recommendation into the Guidelines. See id. More specifically, the

passage of 18 U.S.C. § 3583(k) recognized the long-standing concerns of federal judges and

prosecutors regarding the inadequacy of the existing supervision periods for sex offenders,

particularly for the perpetrators of child sexual abuse crimes, whose criminal conduct may reflect

deep-seated aberrant sexual disorders that are not likely to disappear within a few years of

release from prison. Many of these offenders need long term or lifetime monitoring and

oversight. See H.R. Conf. Rep. No. 108-66, at 49-50 (2003), reprinted in 2003 U.S.C.C.A.N.

683, 684. A term of supervised release for life is reasonable and appropriate in this case to

achieve rehabilitative ends and to protect children from further victimization.

I. MONETARY PENALTIES

A. THE AMY, VICKY, AND ANDY CHILD PORNOGRAPHY VICTIM

ASSISTANCE ACT OF 2018 (AVAA) GENERALLY

The Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 (AVAA),

enacted on December 7, 2018, made several changes to existing child pornography laws,

specifically with regard to restitution. Specifically, the law: (1) provides that restitution must be

ordered for all “child pornography trafficking offenses” of no less than $3,000 per victim; (2)

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imposes a new special assessment for those defendants who are convicted of certain child

pornography related offenses; (3) permits victims of child pornography trafficking offenses to

seek a one-time payment of $35,000 from a reserve fund; (4) amends the definition of “sexually

explicit conduct” under 18 U.S.C. § 2256(2); and (5) adds 18 U.S.C. § 3509(m)(3), which

allows victims, their attorneys, and any purported expert to access a victim’s own sexually

explicit images during any criminal proceeding.

The Government received a report from NCMEC identifying only 17 video files and 1

image file from 13 different identified series. However, none of the identified victims have

submitted a restitution request to date. Further, to date Minor Victims 1 through 5 have not

submitted a request for restitution.

B. FINE

The Government agrees that McWilliams does not have the current ability to pay a fine

in this matter.

C. 18 U.S.C. § 3014 ADDITIONAL SPECIAL ASSESSMENT

McWilliams is also subject to a mandatory $5,000 additional Special Assessment

pursuant to 18 U.S.C. § 301419. The statute states, in pertinent part:

[I]n addition to the assessment imposed under section 3013, the

court shall assess an amount of $5,000 on any non-indigent
person or entity convicted of an offense under—

(1) chapter 77 (relating to peonage, slavery, and trafficking in

persons);

(2) chapter 109A (relating to sexual abuse);

19
This provision was due to expire on September 30, 2021. However, H.R. 5305 extended the
statute until December 31, 2021.

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(3) chapter 110 (relating to sexual exploitation and other abuse

of children);

(4) chapter 117 (relating to transportation for illegal sexual activity

and related crimes) ...

18 U.S.C. § 3014(a) (emphasis added).

These assessments are deposited in the Domestic Trafficking Victims’ Fund and awarded as

grants or enhanced programming for victims. 18 U.S.C. §§ 3014(c) and (e)(1). Because the

defendant has been convicted of an offense under Chapter 110, the Court must impose this

additional special assessment unless it finds he is unable to pay; however, both the defendant’s

current and future financial status is to be evaluated when making the indigency determination

under § 3014. See United States v. Shepherd, 922 F.3d 753 (6th Cir. 2019). See also United

States v. Janatsch, 722 F. App'x 806, 810-11 (10th Cir. 2018). That is, negative net worth at the

time of sentencing is not dispositive of the issue. United States v. Kelley, 861 F.3d 790, 801-802

(8th Cir. 2017). If “at some point” a defendant would be able to pay the Additional Special

Assessment, “[t]his ability to earn money in the future preclude[s] a finding of indigence for

purposes of § 3014.” Id.

McWilliams future ability to pay this special assessment will likely depend on the length

of his prison term. He does have a high school diploma, a college degree in philosophy, and a

master’s degree in theology. McWilliams could certainly not return to his current line of work

but his history does demonstrate his mastery of the written and spoken word and his ability to

maintain employment.

VI. Conclusion

This Court has the opportunity to bring security to the community—both here in Cleveland

and in the larger community on the internet — by ensuring that children do not have to worry

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about being targeted by a predator such as McWilliams for a very long time. This Court can also

provide the victims and their families with closure by imposing a punishment that assures the

Defendant will not harm them again. The lives of child pornography victims are forever changed

in the most profound ways. And this Defendant’s life should be changed as well—by spending

time behind bars for a sentence commensurate with the harm these victims have suffered and will

continue to suffer for the rest of their lives.

Respectfully submitted,

BRIDGET M. BRENNAN
ACTING UNITED STATES ATTORNEY

/S/ Carol M. Skutnik

Carol M. Skutnik (OH: 0059704)
Bridget M. Brennan (OH:0072603)
Assistant U.S. Attorneys
801 West Superior Avenue, Suite 400
Cleveland, Ohio 44113
Tel. No. (216) 622-3785/3810
E-mails: carol.skutnik@usdoj.gov and
bridget.brennan@usdoj.gov

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CERTIFICATE OF SERVICE

I certify that on November 2, 2021, a copy of the foregoing Government’s Sentencing

Memorandum was filed electronically under seal. Notice of this filing will be sent by operation

of the Court’s electronic filing system to all parties indicated on the electronic filing receipt and a

copy of the document will be sent by electronic mail to defense counsel.

/s/ Carol M. Skutnik

Assistant U.S. Attorney

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