The U.S. Department of Justice's Federal Bureau of Investigation New Haven Field Office issued the following press release:
Kevin J. O'Connor, United States Attorney for the District of Connecticut, announced that PHILIP D. RUSSELL, 49, of Greenwich, Connecticut, was sentenced today by Senior United States District Judge Alan H. Nevas in Bridgeport to one year of probation, the first six months of which RUSSELL must spend confined to his home with electronic monitoring. Judge Nevas also ordered RUSSELL to pay a fine in the amount of $25,000 and to perform 240 hours of community service. On September 27, 2007, RUSSELL pleaded guilty to one count of misprision of a felony, admitting that he was aware that an individual had committed a child pornography crime, yet he failed to report it to authorities. RUSSELL then concealed the crime by destroying a laptop computer containing the child pornography.
According to documents filed with the Court and statements made in court, RUSSELL was admitted to practice law in Connecticut and has specialized in criminal and civil litigation in state and federal courts. On October 7, 2006, an employee of Christ Church Greenwich, who at the time was working in the Church's choir program, discovered images of naked boys on a laptop regularly used by Robert F. Tate, who had been the choirmaster and organist at the Church for approximately 34 years. On October 8, 2006, Church officials sealed and wrapped Tate's laptop computer, treating it as evidence.
RUSSELL represented the Church with respect to Tate's conduct. On October 9, 2006, RUSSELL and two Church officials met with Tate and confronted him about the images found on his laptop computer. Tate acknowledged that the images on the laptop were his, that they were inappropriate, and that they were personal to him. RUSSELL told Tate, words to the effect, that "this is serious business," "this is a federal crime that carries a minimum of five years in jail," and "you need a lawyer." RUSSELL then provided Tate with the name and telephone number of a criminal defense attorney, and Tate said he would resign from the Church.
RUSSELL then took possession of Tate's laptop computer knowing that it contained child pornography and returned to his law office. At his office, RUSSELL told an employee to go outside and RUSSELL then destroyed and concealed Tate's laptop. RUSSELL failed to report to law enforcement that Tate, who was not his client, had possessed child pornography.
On January 22, 2007, Tate pleaded guilty to an Indictment charging him with unlawfully possessing digital images of minors engaging in sexually explicit conduct. He awaits sentencing.
U.S. Attorney O'Connor commended the outstanding investigative work of the Federal Bureau of Investigation and the Connecticut Computer Crimes Task Force, which includes federal, state and local law enforcement agencies. U.S. Immigration and Customs Enforcement and the Greenwich Police Department have assisted the investigation. This case is being prosecuted by Assistant United States Attorney Peter S. Jongbloed.
This prosecution is part of the U.S. Department of Justice's Project Safe Childhood Initiative, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
To report cases of child exploitation, please visit http://www.cybertipline.com.
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