Case of Howard Marc Watzman, MD

Case of Howard Marc Watzman, MD

(AKA: Marc Watzman, Howard Watzman, H. Marc Watzman, Marc H. Watzman)

Potomac, MD

Chicago, IL

(2005) Edward Hospital - Naperville, IL

(2000-2005) Children's Hospital of Illinois - Peoria, IL

(2001-2005) Swedish American Hosptial - Rockford, IL

(2004-2005) Pediatric Intesive Care, St. Francis Medical Center - Wichita, KS

(1999 - 2000) Followship in Pediatric Critical Care, Temple Children's Hospital - Philadelphia, PA

Residency in Pediatrics, University of Maryland Medical Center - Baltimore, Maryland

Residency in Anesthesiology, University of Chicago Hospitals - Chicago, IL

Plead guilty to charges that he spent thousands of dollars collecting hundreds of computer images of child pornography including photos of victims as young as 4 years old engaging in sex with adults.

Federal agents said they found a desktop computer in Watzman's apartment with about 40 images of child pornography and more than 200,000 erased images.  They said they also seized a laptop containing 3,000 to 5,000 images of sexually explicit pictures of children.  His laptop also contained software called "Evidence Eliminator," used to erase images from computers, prosecutors said.

Federal agents also said they found DVDs showing nude young girls as well as evidence that Watzman is a paid member of adult fetish Web sites and Web sites that feature child pornography.

Watzman's resume listed him as an attending physician in pediatric intensive care (specializing in pediatric medicine and anesthesiology) at St. Francis Medical Center, Wichita, Kan., from December until the present; Children's Hospital of Illinois in Peoria from December 2000 to the present; Swedish-American Hospital in Rockford from September 2001 to the present and Temple Children's Hospital in Philadelphia from December 1999 until June 2000/

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, at 1-800-843-5678 or http://www.cybertipline.com .

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Table of Contents:  

2003

1. Pediatrician arrested with kiddie porn, knockout drugs, officials say  (10/27/2003)
2. Chicago pediatrician arrested with child porn, knockout drugs, officials say  (10/27/2003) 
3. Nation in Brief (10/28/2003) 
4. Across the Nation  (10/28/2003) 
5. Chicago doctor arrested on child porn charges  (10/28/2003) 
6. CNN: Newsnight With Aaron Brown  (10/28/2003) 
7. Doctor faces porn charge Man worked part-time at Edward Hospital  (10/28/2003) 
8. Doctor treating kids charged with child porn (10/28/2003) 
9. A Summary of Illinois News (10/28/2003) 
10. Pediatrician accused of possessing child pornography released on bond (10/31/2003) 
11. DuPage County in 60 seconds  (10/31/2003) 
12. Doctor charged with child porn kept date rape drug, official says  (10/31/2003) 
13. State suspends license of Chicago pediatrician (10/31/2003) 
14. Doc accused of financing child porn ; Prosecutor says pediatrician paid Russian company to make films  (11/01/2003) 
15. Edwards doctor pleads not guilty to child porn (11/19/2003) 

2004

1. Child Porn Operation Busted, FBI Says; Web Sites Based In Belarus, Latvia  (01/26/2004)
2. Illinois Accounts For More Than 200 Arrests IN Initiative Targeting Child Sex Predators  (03/03/2004) 
3. Closer Look Porn Ring Busted  (03/26/2004) 
4. UNITED STATE OF AMERICA, Plaintiff, v. H. MARC WATZMAN, Defendant  (09/30/2004) 

2005

1. UNITED STATES OF AMERICA, Plaintiff, v. H. MARC WATZMAN, Defendant. (01/27/2005) 
2. UNITED STATES OF AMERICA, Plaintiff, v. H. MARC WATZMAN, Defendant. (01/27/2005) 
3. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF UNITED STATES OF AMERICA v. H. MARC WATZMAN, also known as "Watzmanm@aol.com", "Howard Watzman", "Howard Marc Watzman", and "Marc Watzman" 
4. Chicago pediatrician pleads guilty to child pornography charges (06/07/2005) 
5. Doctor pleads guilty to child porn (06/08/2005) 

2008

1. Federal Bureau of Prisons (01/18/2008)

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Pediatrician arrested with kiddie porn, knockout drugs, officials say

By MIKE ROBINSON - Associated Press Writer

Associated Press - October 27, 2003

CHICAGO (AP) - Thousands of sexually explicit photos of children as young as 8 were discovered on computers belonging to a Chicago pediatrician, federal prosecutors announced Monday.

Dr. H. Marc Watzman, 37, also had drugs commonly used to induce unconsciousness and lack of muscular control as well as Viagra in his car and apartment when he was arrested, federal prosecutors said.

He has been held in federal custody since his arrest Saturday after federal agents searched his Chicago apartment.

Watzman is charged with possession of child pornography. A bond hearing was scheduled for Monday afternoon.

He was practicing at a hospital in suburban Naperville until Oct. 8, prosecutors said. Agents said a resume discovered as part of their search indicated he had also worked at hospitals in Peoria, Rockford, Wichita, Kan., Philadelphia and in Maryland.

While not naming the hospitals where Watzman practiced, the affidavit attached to the criminal complaint said agents had Watzman under surveillance at Edward Hospital in Naperville on Oct. 7.

A spokesman for Edward Hospital, Brian Davis, confirmed that Watzman was an independent, part-time contractor who had been on the medical staff since Aug. 21. He said the hospital was unaware of any allegations against Watzman until Monday and added the "charges are extremely disturbing."

"We have received no patient complaints about Dr. Watzman and he has no further shifts scheduled at Edward," Davis said. "We are investigating his medical staff status."

A spokesman for the Illinois Department of Professional Regulation, Tony Sanders, said Watzman had never been disciplined. He said the department was searching to see if it had any records concerning him.

Agents said they found a desktop computer in Watzman's apartment with about 40 images of child pornography and more than 200,000 erased images.

They said they also seized a laptop containing 3,000 to 5,000 images of sexually explicit pictures of children.

The laptop also contained software called "Evidence Eliminator," used to erase images from computers, prosecutors said.

Agents also said they found DVDs showing nude young girls as well as evidence that Watzman is a paid member of adult fetish Web sites and Web sites that feature child pornography.

Agents said they also discovered a hidden side panel in Watzman's car that contained an array of drugs as well as evidence of thousands of dollars in wire transfers to Guayaquil, Ecuador.

The drugs, some of which were also found in the apartment, were morphine, two compounds used to induce unconsciousness, a substance used to induce temporary muscular paralysis and a sedative used by surgeons.

The agents also found a supply of Viagra, they said.

Customs agents said that on Sept. 30 they opened a package addressed to Watzman from a fictitious postal box in Sweden. It contained two videos with images of naked adults on a beach.

On Oct. 11, agents said they seized a parcel from Germany addressed to Watzman. It contained software used to hide pictures within pictures, hide text within pictures and encrypt computer files.

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Chicago pediatrician arrested with child porn, knockout drugs, officials say

By MIKE ROBINSON - Associated Press Writer

Associated Press - October 27, 2003

CHICAGO (AP) - A Chicago pediatrician was arrested after thousands of images of child pornography were found on his computers, but federal prosecutors said Monday there were no allegations that patients were involved.

Dr. H. Marc Watzman, 37, has been held in custody since his arrest Saturday after federal agents searched his Chicago apartment. He is charged with possession of child pornography.

"There has been no allegation that any patients are involved in any of these pictures or any other conduct," U.S. Attorney Patrick J. Fitzgerald said.

But federal agents said they were still investigating.

"This is the beginning and if there is more, then we'll find out about it and you will hear about it," said Brian M. Moskowitz, associate special agent in charge of Immigration and Customs Enforcement in Chicago, which is investigating the case.

Prosecutors said Watzman also had drugs commonly used to induce unconsciousness and a lack of muscular control, as well as Viagra, in his car and apartment when he was arrested. He has not been accused of trying to use the drugs on anyone.

Edward Hospital in the Chicago suburb of Naperville acknowledged that Watzman had been an independent contractor on its medical staff since late August. The hospital is investigating his status on the staff. Hospital spokesman Brian Davis said there had been no complaints about Watzman.

A resume seized in a search of Watzman's car also listed him as working in hospitals in Peoria, Rockford and Wichita, Kan.

The resume listed him as an attending physician in pediatric intensive care at St. Francis Medical Center, Wichita, Kan., from December until the present; Children's Hospital of Illinois in Peoria from December 2000 to the present; Swedish-American Hospital in Rockford from September 2001 to the present and Temple Children's Hospital in Philadelphia from December 1999 until June 2000.

How it was that Watzman worked at four different hospitals at once wasn't addressed.

The seized resume also said Watzman had done his residency in anesthesiology at the University of Chicago Hospitals, held a fellowship in pediatric critical care at Children's Hospital in Philadelphia and a residency in pediatrics at the University of Maryland Medical Center in Baltimore.

A spokesman for the Illinois Department of Professional Regulation, Chris Ganschow, said there were no complaints on file against Watzman. He said the department opened one after learning of the federal charge.

At a bond hearing Monday before U.S. Magistrate Judge Nan Nolan, defense attorney Brian Collins said his client worked mainly as an anesthesiologist.

Fitzgerald said Watzman was both an anesthesiologist and a pediatrician and that he "may have practiced pediatric anesthesiology."

Watzman, clad in the bright orange jump suit of a federal prisoner, sat quietly at the defense table while his attorneys asked Nolan for bond.

Federal prosecutors urged her to keep him locked up in the Metropolitan Correctional Center, saying he was both a risk to jump bond and a danger to the community. She continued the hearing until Friday when Watzman's family may be on hand to play a role in any release on bond.

Agents said they found a desktop computer in Watzman's apartment with about 40 images of child pornography and more than 200,000 erased images.

They said they also seized a laptop containing 3,000 to 5,000 images of sexually explicit pictures of children.

The laptop also contained software called "Evidence Eliminator," used to erase images from computers, prosecutors said.

Agents also said they found DVDs showing nude young girls as well as evidence that Watzman is a paid member of adult fetish Web sites and Web sites that feature child pornography.

Agents said they discovered a hidden side panel in Watzman's car that contained an array of drugs.

The drugs, some of which were also found in the apartment, were morphine, two compounds used to induce unconsciousness, a substance used to induce temporary muscular paralysis and a sedative used by surgeons.

The agents also found a supply of Viagra, they said. They said a quantity of marijuana also was discovered.

An affidavit filed by agents said they found evidence of thousands of dollars in wire transfers sent to Ecuador and Assistant U.S. Attorney Markus T. Funk told Nolan that there had been transfers to Russia as well.

Funk also said Watzman had visited the Philippines. Collins said Watzman went there as part of Operation Smile, a mission by doctors to care for those unable to afford treatment.

Immigration and Customs Enforcement agents credited a nationwide effort billed as Operation Predator for coming up with the tip that led to the arrest.

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Nation in Brief

The Washington Post - October 28, 2003

* CHICAGO -- A Chicago pediatrician was arrested after thousands of images of child pornography were found on his computers, federal prosecutors said. A résumé discovered by investigators indicated that H. Marc Watzman, 37, has worked at hospitals in Naperville, Peoria and Rockford, Ill.; Wichita; Philadelphia; and Maryland, authorities said.

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Across the Nation

Seattle Times - October 28, 2003

CHICAGO A pediatrician was arrested after thousands of images of child pornography were found on his computers, federal prosecutors said yesterday.

Dr. H. Marc Watzman, 37, also had a hidden panel in his car that contained drugs such as morphine, compounds used to induce unconsciousness, and a substance used to induce temporary muscular paralysis. Some drugs also were found in his apartment.

Watzman was charged with possession of child pornography. He has not been accused of trying to use the drugs on anyone, and federal prosecutors said there have been no allegations that patients were involved.

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Chicago doctor arrested on child porn charges

Milwaukee Journal Sentinel - October 28, 2003

Chicago -- A Chicago pediatrician was arrested after thousands of images of child pornography were found on his computers, federal prosecutors said Monday.

H. Marc Watzman, 37, also had a hidden panel in his car that contained drugs such as morphine, compounds used to induce unconsciousness and a substance used to induce temporary muscular paralysis.

Watzman was taken into custody Saturday after agents searched his Chicago apartment. He was charged with possession of child pornography. He has not been accused of trying to use the drugs on anyone.

Agents said they found a desktop computer in Watzman's apartment with about 40 images of child pornography and more than 200,000 erased images.

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CNN: Newsnight With Aaron Brown

CNN - October 28, 2003

DAN LOTHIAN, CNN CORRESPONDENT (voice-over): It was a house call by federal agents at the Chicago apartment of pediatrician Marc Watzman.

UNIDENTIFIED MALE: Pretty much removing evidence from the house. They're taking out the computer. They had maybe two vans here that they're filling up with boxes. They took his garbage.

LOTHIAN: What authorities allegedly uncovered behind this door was a secret life filled with child pornography. According to the criminal complaint, two computers with 3,000 to 5,000 sexual explicit photos of children as young as eight; 200,000 deleted images, some of them recovered, showed children having sex.

Encrypted DVDs requiring a secret code to view. And an evidence eliminator program. This week, the 37-year-old doctor who last worked at this Illinois hospital was charged with possession of child pornography.

PATRICK FITZGERALD, U.S. ATTORNEY: What I want to make clear to everyone is that Dr. Watzman is not charged with any offense against any children. It is not alleged that he has taken any illegal conduct against any children. LOTHIAN: In court, federal prosecutors admitted they had more questions than answers in this case. Inside the doctor's apartment and his car agents say they found morphine, Viagra, and drugs that caused temporary paralysis and unconsciousness.

(on camera): But no drug charges have been filed. His attorney says the narcotics are tools of the trade for his other job as an anesthesiologist.

(voice-over): If convicted on child pornography charges, he faces up to five years behind bars.

Dan Lothian, CNN, Boston.

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Doctor faces porn charge Man worked part-time at Edward Hospital

by Susan Stevens Daily Herald Staff Writer

Chicago Daily Herald - October 28, 2003

A part-time pediatric intensive care doctor at Edward Hospital in Naperville had thousands of sexually explicit pictures of children on computers, federal prosecutors announced Monday.

Dr. H. Marc Watzman, 37, of Chicago, also had drugs commonly used to induce unconsciousness and lack of muscular control in his car and apartment when he was arrested, prosecutors said.

He has been in custody since his arrest Saturday after federal agents searched his Chicago apartment. Watzman is charged with possession of child pornography.

Brian Davis, a spokesman for Edward Hospital, confirmed Watzman has covered a dozen 24-hour shifts at the Naperville facility between Aug. 21 and Oct. 7.

Watzman, an independent contractor, covered shifts for pediatric intensive care doctors at Edward on a part-time basis, Davis said.

Federal agents had Watzman under surveillance on Oct. 7 at Edward. But hospital officials did not learn of the criminal investigation until the charges were announced Monday, Davis said.

"We haven't received any (patient) complaints about him," Davis said. "Nothing in his background showed any inclination to this. His references were excellent."

Watzman will not work at Edward until the hospital completes its own investigation of his record and decides whether to suspend his privileges based on the allegations, Davis said.

A spokesman for the Illinois Department of Professional regulation, Tony Sanders, said Watzman never had been disciplined.

A resume discovered as part of the federal investigation indicated Watzman has worked at hospitals in Peoria; Rockford; Wichita, Kan.; Philadelphia and Maryland, agents said.

John Easton, a spokesman for the University of Chicago Medical Center, said Watzman completed a residency in anesthesia at the hospital June 30. Watzman previously did residencies in pediatrics and pediatric intensive care in Philadelphia, Easton said.

The University of Chicago Medical Center received no complaints about Watzman during his residency, which is a three- or four-year program, Easton said.

"I spoke briefly with his department chair, who was very much surprised," Easton said. "We know of no suspicious behavior here."

Agents said they found a desktop computer in Watzman's apartment with about 40 images of child pornography and more than 200,000 erased images. They said they also seized a laptop containing 3,000 to 5,000 sexually explicit pictures of children.

The images showed children as young as 8, prosecutors said.

The laptop also contained software called "Evidence Eliminator," used to erase images from computers, prosecutors said.

Agents said they also discovered a hidden side panel in Watzman's car that contained an array of drugs as well as evidence of thousands of dollars in wire transfers to Guayaquil, Ecuador.

The drugs, some of which also were found in the apartment, were morphine, two compounds used to induce unconsciousness, a substance used to induce temporary muscular paralysis and a sedative used by surgeons, authorities said.

Agents also said they found DVDs showing nude young girls as well as evidence that Watzman is a paid member of Web sites that feature child pornography.

Authorities also said Watzman had visited the Philippines as part of Operation Smile, a mission by doctors to care for those unable to afford treatment.

Immigration and Customs Enforcement agents credited a nationwide effort billed as Operation Predator for coming up with the tip that led to the arrest.

Customs agents said that on Oct. 11, they seized a parcel from Germany addressed to Watzman. It contained software used to hide pictures within pictures, hide text within pictures and encrypt computer files.

- Daily Herald news services contributed to this report.

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Doctor treating kids charged with child porn

by Steve Warmbir

Chicago Sun-Times - October 28, 2003

For years, Dr. H. Marc Watzman specialized in treating children, but federal prosecutors on Monday said he harbored a much darker interest in youngsters.

Watzman, an anesthesiologist living in Chicago who worked at Edward Hospital in Naperville and others throughout the state, collected more than 3,000 computer images of child pornography, had erased roughly 200,000 other images out of his computer and kept a stash of drugs in his apartment designed to knock people out, plus Viagra, prosecutors said.

Watzman, 37, of the 1400 block of North Wieland, even apparently took a laptop computer with child porn on it to Edward Hospital, according to a federal affidavit.

In a news conference, U.S. Attorney Patrick Fitzgerald stressed what Watzman had been charged with -- possessing child pornography - - and what he had not.

"I will also tell parents . . . not to panic, that there's been no allegation that there's been any patients involved in any of these pictures or any other conduct," Fitzgerald said.

Prosecutors urged a judge to keep Watzman, 37, locked up as a danger to children. They said there were more questions in the case than answers, including why Watzman was transferring money overseas and keeping a post office box.

But U.S. Magistrate Judge Nan Nolan said she was "definitely considering" bond for Watzman, as long as a relative came to Chicago to live with him. Nolan may decide by Friday.

Watzman's lawyer, Brian Collins, suggested prosecutors had paltry reasons to keep Watzman behind bars and simply wanted him locked up while they tried to gather more evidence to justify their request.

Watzman was a free-lancer who had worked at hospitals in Wichita, Kan.; Peoria; Rockford, and Philadelphia.

Edward Hospital called the charges against Watzman "very disturbing" and said he's an independent part-time contractor, on the medical staff since August. The state agency that licenses doctors said it had found no complaints against him but had launched an investigation.

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A Summary of Illinois News

By The Associated Press

The Associated Press - October 28, 2003

CHICAGO (AP) -- A Chicago pediatrician was arrested after thousands of images of child pornography were found on his computers, but federal prosecutors said Monday there were no allegations that patients were involved.

Dr. H. Marc Watzman, 37, has been held in custody since his arrest Saturday after federal agents searched his Chicago apartment. He is charged with possession of child pornography.

"There has been no allegation that any patients are involved in any of these pictures or any other conduct," U.S. Attorney Patrick J. Fitzgerald said.

But federal agents said they were still investigating.

"This is the beginning and if there is more, then we'll find out about it and you will hear about it," said Brian M. Moskowitz, associate special agent in charge of Immigration and Customs Enforcement in Chicago, which is investigating the case.

Prosecutors said Watzman also had drugs commonly used to induce unconsciousness and a lack of muscular control, as well as Viagra, in his car and apartment when he was arrested. He has not been accused of trying to use the drugs on anyone.

Edward Hospital in the Chicago suburb of Naperville acknowledged that Watzman had been an independent contractor on its medical staff since late August. The hospital is investigating his status on the staff. Hospital spokesman Brian Davis said there had been no complaints about Watzman.

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Pediatrician accused of possessing child pornography released on bond

By MIKE ROBINSON

Associated Press - October 31, 2003

CHICAGO (AP) - A pediatrician who authorities said spent thousands of dollars on child pornography was freed on $50,000 bond Friday despite warnings from prosecutors that he could be dangerous and might flee.

Under terms of the bond, Dr. H. Marc Watzman, 37, may not have unsupervised contact with children, must live with his father, get mental health treatment and wear an electronic monitoring bracelet.

State regulators suspended his medical license on Thursday.

Watzman, who before his arrest worked at hospitals in suburban Naperville as well as in Peoria, Rockford and Wichita, Kan., is also forbidden to use computers or hand-held devices to access the Internet.

Prosecutors told U.S. Magistrate Judge Nan R. Nolan that Watzman sent thousands of dollars to Russia and Ecuador to buy child pornography and gain access to Web sites that specialize in selling child pornography

Assistant U.S. Attorney Virginia M. Kendall acknowledged that the government has no evidence to date that Watzman personally molested either his youthful patients or any other youngsters.

But she and Assistant U.S. Attorney T. Markus Fund said the court should take no chances. They said Watzman should stay in federal custody.

"He has an insatiable desire to view images of children being molested," Kendall said.

Prosecutors said that when he was arrested, Watzman was arranging with a child pornographer to have materials made to his personal specifications.

They said that was tantamount to attempting to manufacture child pornography, although Watzman is charged only with possession of child pornography.

Prosecutors also said Watzman was a flight risk. They said he was making $25,000 a month when he was arrested but has total assets of only $35,000.

That may indicate he has money in hidden bank accounts, they said.

Nolan rejected their arguments. She said that no matter what suspicions prosecutors may have there was no evidence he molested anyone.

"It is very important in a case that has so much emotional content as this that we stick to the facts," she said.

She said most appeals courts have held it wrong to presume that an individual who collects child pornography is necessarily a pedophile.

"I think it is very clear that child pornography is in a different category and I'm trying very hard to keep it in that category," she said.

Watzman was arrested last Saturday after agents raided his Chicago apartment and found thousands of images of child pornography on his computers. Boys and girls as young as 8 years old were being molested.

Prosecutors have said drugs used to induce unconsciousness or lack of muscular control were found in a hidden compartment of his car along with a quantity of Viagra. He has not been accused of trying to use the drugs on anyone.

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DuPage County in 60 seconds

Chicago Daily Herald - October 31, 2003

Medical license suspended:

The Illinois Department of Professional Regulation announced Thursday that it has suspended the license of Dr. H. Marc Watzman, a pediatrician who worked part-time at Edward Hospital in Naperville. Watzman has been charged with possession of child pornography after investigators said they found thousands of sexually explicit images of children on two computers he owned. Federal agents also found narcotic, sedative and muscle-relaxing drugs in Watzman's Chicago apartment and car. State regulators suspended Watzman's medical license because of the potential risk to patients, although regulators said they uncovered no evidence any patients were in danger.

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Doctor charged with child porn kept date rape drug, official says

by Curtis Lawrence

Chicago Sun-Times - October 31, 2003

A children's doctor arrested earlier this week on child pornography charges also had narcotics, including the powerful date rape drug "Special K," in his home and car, according to a state official who announced the temporary suspension of the anesthesiologist's license on Thursday.

Dr. H. Marc Watzman, 37, who most recently practiced at Edward Hospital in Naperville, was arrested Saturday after federal investigators found more than 3,000 images of child pornography at his apartment in the 1400 block of North Wieland.

Among the muscle-relaxing drugs found in a side panel of Watzman's car and in a kitchen drawer were morphine, Diprivan, used to induce unconsciousness, and Ketamine, also known as "Special K," according to court documents.

"Dr. Watzman's possession of these powerful drugs outside of a hospital setting would itself be grounds for an emergency suspension," said Fernando E. Grillo, director of the Illinois Professional Regulation Department. "His apparent insatiable appetite for child pornography made this action even more of a necessity."

Grillo said his office has been cooperating with U.S. Attorney Patrick Fitzgerald, who announced child porn charges against Watzman on Monday.

Grillo said he agreed with Fitzgerald that there was no evidence to suggest Watzman's patients were in danger, but added that the risk to young children if Watzman kept his license "was unacceptable."

There had been no complaints to state regulators about Watzman's conduct, Grillo said.

Watzman, who is scheduled for a bond hearing today, completed his residency at the University of Chicago Hospitals in July. He most recently worked in the critical care unit at Edward.

A Professional Regulation Department hearing on Watzman's suspension is scheduled for Nov. 13.

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State suspends license of Chicago pediatrician

Peoria Journal Star - October 31, 2003

PEORIA - The state has suspended the license of a Chicago pediatrician arrested Saturday on child pornography charges.

The Illinois Department of Professional Regulation on Thursday announced it issued a summary suspension of Dr. H. Marc Watzman's license. The 37-year-old doctor practiced part-time in Peoria.

"Even if Dr. Watzman is granted bond on Friday, we have assured the community that he will not be practicing medicine on Monday," director Fernando Grillo said in a prepared statement.

Watzman worked part-time at The Children's Hospital of Illinois at OSF Saint Francis Medical Center and at the University of Illinois College of Medicine at Peoria. He has remained jailed since his arrest on charges of child pornography.

Federal agents searched his Chicago apartment and car last weekend, allegedly finding more than 3,000 illicit images and an assortment of drugs commonly used to induce unconsciousness and a lack of muscular control, as well as Viagra.

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Doc accused of financing child porn ; Prosecutor says pediatrician paid Russian company to make films

by Steve Warmbir

Chicago Sun-Times - November 1, 2003

A Naperville pediatrician was ordered released Friday on a $50,000 bond under strict conditions, even after prosecutors alleged he paid $4,000 to a Russian outfit offering to create child porn movies with real children using the doctor's own scenarios.

"Your honor, we're talking about paying someone to rape a little girl," Assistant U.S. Attorney T. Markus Funk said.

Despite efforts by prosecutors to keep the doctor behind bars, U.S. Magistrate Judge Nan Nolan set a $50,000 bond for Dr. H. Marc Watzman, who had worked at Edward Hospital in Naperville and specialized in pediatric critical care.

His father said nurses describe Watzman as an excellent doctor who was very caring with children. Watzman's attorneys said he had saved hundreds of children's lives.

Federal prosecutor Virginia Kendall, though, called Watzman, 37, of the 1400 block of North Wieland in Chicago, a danger to the community, pointing to his "insatiable desire to see children being molested."

"The same day he is paying to look at child pornography is the same day he is going into a medical office to take good care of children," Kendall said.

Prosecutors have no evidence Watzman molested any children.

Watzman was arrested last week on charges he had at least 3,000 computer images of child pornography. He also had drugs at home that can be used to knock people out.

Watzman's attorney, Brian Collins, argued it was normal for Watzman, who is also an anesthesiologist, to have the drugs.

Prosecutors disagreed, and so did the state agency licensing doctors.

The agency temporarily suspended Watzman's license on Thursday.

The judge put Watzman on an electronic home monitor and released him to the custody of his father, who is moving in with Watzman.

Watzman cannot use computers nor can he have unmonitored access to children.

On Friday, prosecutors for the first time said Watzman tried to manufacture child porn, as well as possess it.

They found out about this after going through hundreds of Watzman's e-mails, uncovered by a search warrant.

Watzman never got the two films he ordered from the St. Petersburg child porn studio, called PEDOSHOP, prosecutors said. The studio appears to have been raided after Watzman placed his order. Watzman's attorney disputed prosecutors' interpretation of the e- mails.

"SPECIAL FOR YOU WE WILL MAKE SPECAIL(sic) FOR YOU 2 FILMS USING YOUR SCENARIO!!!!" says one e-mail to Watzman, who allegedly was using the alias Marvin Barash.

Watzman used more than 20 aliases when allegedly buying kiddie porn, including Barash, Herb Watman and VD Butthead.

He spent about $1,000 a month just to maintain access to child porn sites on the Internet, authorities said.

Watzman had accessed nearly 100 such sites, authorities said.

One DVD that Watzman had, which investigators accessed after breaking the passcode protection, had 30 child porn videos on it. Watzman has dozens more DVDs, which investigators haven't yet examined.

He even allegedly had kiddie porn on his hand-held computer.

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Edwards doctor pleads not guilty to child porn

by Kevin Grasha Medill News Service

Chicago Daily Herald - November 19, 2003

A Chicago pediatrician accused of storing thousands of images of children engaging in sex acts on two computers pleaded not guilty Tuesday in federal court to child pornography charges.

Authorities allege that Dr. H. Marc Watzman, 37, kept more than 3,000 sexually explicit images of children on a desktop computer he used at home as well as a laptop he used at Edward Hospital in Naperville, where he worked in pediatric intensive care. The computer images, they said, included girls ages 8 to 10 exposing themselves.

A hospital spokesman said Watzman's privileges have been temporarily revoked. His medical license was suspended Oct. 30, according to the Illinois Department of Professional Regulation.

Prosecutors said they uncovered no evidence that Watzman's patients were ever in danger.

Federal agents, according to a criminal complaint filed on Oct. 26, found thousands of images on Watzman's desktop computer at his apartment on North Wieland Street in the Old Town neighborhood.

In addition, they said they discovered Watzman had memberships to Web sites that feature child pornography and adult fetishes.

Investigators also said that during a search of Watzman's Nissan Pathfinder, they found drugs used to induce paralysis and unconsciousness hidden behind a rear side panel.

Watzman's attorney, Thomas Durkin, would not comment on the case.

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Child Porn Operation Busted, FBI Says; Web Sites Based In Belarus, Latvia

By Michael Powell, Washington Post Staff Writer

The Washington Post  - January 16, 2004

Federal officials said Thursday that they have broken open a global Internet child pornography ring that probably has tens of thousands of paying customers in the United States.

FBI agents began rounding up some of those customers Thursday, arresting 15 people in New Jersey -- including a pediatrician, a minister and a high school bandleader -- and charging them with downloading graphic child pornography images onto their home computers. Those arrested had used credit cards to pay for memberships on about 50 pornography sites run out of Belarus and Latvia, prosecutors said.

The company had advertised its Web sites as "underground pedo worlds," with names such as "Lo Littles," "Dark Feelings" and "Boyz Movies." Visitors to the sites often take out monthly subscriptions.

Three of the four executives of the Belarusan company, Regpay Co., were arrested last summer in Spain and France, where they are being held while the United States seeks to extradite them. An American credit card processing company, Connections USA of Hollywood, Fla., helped process payments for Regpay. Eugene Valentine, an executive with that company, has acknowledged knowing about the child pornography and pleaded guilty to money laundering, according to court documents.

Valentine is working with federal prosecutors.

"This is the first time that this sort of computer investigation has been able to go after child pornography from the top to the bottom," said U.S. Attorney Christopher J. Christie, flanked by an array of federal officials at a news conference here. "We've started at the top."

The Internet child pornography companies appear to have found a vast customer base in the United States. Regpay and Connections USA processed 270,000 credit card transactions in the past year on Visa and MasterCard alone. About 100,000 of these transactions involved American customers.

Christie cautioned that there could be some duplication, but he said "it would be safe to say" that American customers number in the tens of thousands.

"We are talking about a large number of targets," Christie said. "We're expecting many more arrests."

Federal prosecutors ordered the arrest of one of the customers last October, when FBI agents picked up a Chicago pediatrician, H. Marc Watzman. He is accused of having thousands of images of child pornography on his desktop computer at home. But until Thursday prosecutors had not directly linked his case to their investigation of Regpay and Connections USA.

The year-long investigation began with federal prosecutors in New Jersey and now spans two continents and many federal and international agencies, along with the cooperation of Visa and MasterCard companies. Prosecutors said they decided to follow the money up the chain and within six months were able to arrest owners of the Web sites.

Past investigations of global Internet child pornography have come asunder because the United States does not have extradition treaties with some of the former Soviet republics, including Belarus, where many child pornography Web sites are based.

In this case, however, officials said that the Belarusan police appeared eager to cooperate, not least because the pornographers often shoot their videos in Belarus.

"The police there know that it's their children who are being abused," said Michael J. Garcia, assistant secretary of homeland security in charge of the Bureau of Immigration and Customs Enforcement.

What makes this case different, however, is that for the first time federal authorities have broken through the electronic veil of the Internet and gotten ownership and billing records. "We're exploiting the weakness in this enterprise," Garcia said. "It's not like file swapping. You have to use credit cards to access this stuff, and that leaves a trail."

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Illinois Accounts For More Than 200 Arrests IN Initiative Targeting Child Sex Predators

US Fed News - March 3, 2005

CHICAGO, March 3 -- The U.S. Department of Homeland Security's U.S. Immigration and Customs Enforcement issued the following press release:

More than 200 of the 5,000 child sex offenders arrested by U.S. Immigration and Customs Enforcement (ICE) as part of an ongoing international initiative known as Operation Predator have occurred in Illinois, making the state one of the top 10 in the nation in terms of most arrests.

Michael J. Garcia, Homeland Security Assistant Secretary for ICE, announced today that the 20-month long effort has surpassed 5,000 arrests nationwide. Some cases of those individuals arrested in Illinois include:

• Dr. Joseph Nurek, a Chicago school principal, was arrested for having thousands of sexually explicit images of children on his computer and was recently charged with traveling across state lines to have sex with a minor. Dr. Nurek remains in federal custody without bond.
  
  
• Michael Clements, an Army sergeant major, traveled from Italy to Naperville, Ill., to have sex with "a 14-year-old girl" he met in an Internet chat room. However, the girl was actually an undercover officer.
  
  
• Dr. Marc Watzman, a Chicago pediatrician, had more than 3,000 sexually explicit images of children on his computer and date-rape drugs hidden in his car.
  
  
• Scott Wolters, an Aurora police officer, who purchased child pornography found on three of his home computers.
  
  
• And most recently, a Highland Park High School security guard, was arrested after authorities discovered that his home computer contained numerous images of child pornography involving family incest. 

Operation Predator is a comprehensive initiative aimed at those who prey on and exploit children, including human traffickers, international sex tourists, Internet pornographers, and foreign national predators whose crimes make them deportable.

"These arrests are an outstanding achievement as well as a sobering statistic," said Elissa A. Brown, special agent-in-charge of the ICE Chicago office. "Child sex predators can come from all walks of life, and we know from the arrests we've made that they can occupy positions of trust in the community - as teachers, as police officers, and as members of our armed forces. That makes the work we are doing in Operation Predator all the more urgent."

Operation Predator evolved out of ICE's mission to find and deport illegal aliens - particularly those with criminal records, and reflects the agency's traditional public safety mission. Those arrested fall into four general categories:

Foreign National Child Predators: More than 85 percent of the arrests in Operation Predator involve foreign national sex offenders whose crimes make them removable from the United States. To date, more than 2,100 of these predators have been deported, including Ankil Bhavsar, an Indian national who broke into a physically disabled woman's home in DuPage County and sexually abused her. Bhavsar was deported from Chicago to India Jan. 31.

International Child Sex Tourists: Working cooperatively with foreign governments through ICE's attaché offices worldwide, ICE agents made 14 arrests, including the first 12 arrests, under the child sex tourism provisions of the PROTECT Act.

Human Smuggling & Trafficking of Children: The criminal networks engaged in human smuggling and trafficking have become more violent and more profit-driven than ever before. At the same time, some of their victims are getting younger and younger.

Internet Child Pornography: Drawing on ICE's cyber crime investigative expertise, ICE is tackling the crimes that cross the nation's virtual borders. One massive investigation resulted in more than 1,200 arrests worldwide, and marks the first time the government has gone after the financial side of child pornography. Moreover, through the National Child Victim Identification System, more than 1,600 pornographic images containing child pornography have been authenticated.

Additional information about Operation Predator is available on the Web at www.ice.gov . ICE encourages the reporting of suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators.

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, at 1-800-843-5678 or http://www.cybertipline.com .

_________________________________________________________________________________

Closer Look Porn Ring Busted

by ELIZABETH VARGAS, ABC NEWS

ABC News: World News Tonight - March 26, 2004

(OC) Federal agents today charged a police officer near Buffalo, New York, with downloading child pornography from the Internet. His arrest is part of a massive investigation that spans several countries and involves tens of thousands of suspects. Many of the suspects were in jobs that put them in daily contact with children. ABC's Pierre Thomas takes "A Closer Look."

PIERRE THOMAS, ABC NEWS

(VO) It is disturbing pictures like these which led Federal agents to arrest pediatrician Dr. H. Marc Watzman of Chicago. Police say he had more than 3,000 images of child pornography stored on his computer.

FERNANDO GRILLO, ILLINOIS DEPARTMENT OF PROFESSIONAL REGULATION

It was pretty clear that Dr. Watzman's conduct constituted an imminent and an immediate danger to public safety and I had no other choice but to suspend his license.

PIERRE THOMAS

(VO) US immigration and custom agents say they have found a huge underground market for often horrific images of children being sexually exploited.

MICHAEL GARCIA, IMMIGRATION AND CUSTOMS ENFORCEMENT

I've been shocked by the thousands of leads, the hundreds of open cases we have, and by the types of people we've been arresting.

PIERRE THOMAS

(VO) Like Watzman, more than half of those arrested so far had direct access to children, a campus minister at a New Jersey Catholic girls school. A seventh grade teacher in Fresno, California. A New Jersey Boy Scout volunteer and substitute teacher. A New York Catholic priest who stored child porn on the computer in the church rectory. A Mormon camp counselor in Las Vegas. The trail began in Minsk, Belarus, last year, when US investigators began targeting RegPay, a company they suspected of selling child pornography over the Internet.

PIERRE THOMAS

(OC) Customers from around the world had used their credit cards to pay as much as $60 for access to the child porn websites.

PIERRE THOMAS

(VO) At this Newark, New Jersey, task force, agents are tracing an electronic trail, targeting 100,000 transactions.

TASK FORCE MEMBER, MALE

Right away we singled out only approved transactions, so only a credit card purchase that went through.

PIERRE THOMAS

(VO) Federal agents believe the company, which has been shut down, had tens of thousands of subscribers, most of them in the US. In a number of cases, the investigation may have averted assaults about to happen. Last month, agents were tracking this Florida man when he came to New Jersey, allegedly, to assault a 13 year-old girl he had met over the Internet.

JOHN TORRES,

IMMIGRATION AND CUSTOMS ENFORCEMENT

Our agents followed him through neighborhoods, following school buses.

PIERRE THOMAS

(VO) This stun gun was discovered in Dennis DelPriore's hotel room at the time of his arrest. The searches continue tonight. There are 200 open cases and more are being added everyday. Priority is being given to suspects who have direct access to children. Pierre Thomas, ABC News, Washington.

ELIZABETH VARGAS

(OC) A disturbing story. Our "Closer Look" tonight.

ELIZABETH VARGAS

(VO) When we return, our "Person of the Week." From average American to political activist overnight.

ANNOUNCER

"World News Tonight with Peter Jennings," and "Person of the Week," brought to you by ...commercial break

_________________________________________________________________________________

UNITED STATE OF AMERICA, Plaintiff, v. H. MARC WATZMAN, Defendant.

No. 03 CR 1032

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

2004 U.S. Dist. LEXIS 19960

September 30, 2004, Decided

October 1, 2004, Docketed

SUBSEQUENT HISTORY: Motion denied by United States v. Watzman, 2005 U.S. Dist. LEXIS 8512 (N.D. Ill., Jan. 27, 2005)

PRIOR HISTORY: [*1] 03-1032.003

DISPOSITION: Reconsideration denied.

COUNSEL: For H MARC WATZMAN (1) AKA WATZMANM@AOL.COM AKA HOWARD WATZMAN AKA HOWARD MARC WATZMAN AKA MARC WATZMAN AKA MARVIN BARASH AKA HERB WATMAN AKA CHIEFER4@DOGLOVER.COM, Defendant: Jerry G. Silbert, Attorney at Law, Chicago, IL; Brian M. Collins, Law Offices of Brian M. Collins, Chicago, IL; Thomas Anthony Durkin, Patrick W. Blegen, Durkin & Roberts, Chicago, IL; Janis D. Roberts, Attorney at Law, Chicago, IL.

U. S. Attorneys: AUSA, United States Attorney's Office, Chicago, IL.

JUDGES: John F. Grady, United States District Judge.

OPINIONBY: John F. Grady

OPINION: MEMORANDUM OPINION

The defendant has moved for reconsideration of this court's order denying his Motion to Quash Search Warrant and Suppress Evidence Seized. He makes two points. First, the affidavit for the search warrant failed to establish probable cause to believe a crime had been committed because it referred to pornographic images of what "appear to be" real children rather than images that were of real children. Second, the affidavit failed to reveal to the magistrate judge that no "hash" analysis had been performed on images from the websites in question to determine whether they were of real children. [*2] This second point goes to the question of probable cause as well as defendant's contention that the government was guilty of bad faith, justifying a Franks evidentiary hearing.

We disagree with both of these arguments. Even with a hash test of the kind the defendant suggests, we do not see how it could ever be established with certainty that the images sought in the warrant would be of real children. The images sought would not necessarily have been produced in the same way as those subjected to the hash test. But even granting that a hash test might affect the probability that the images to be sought in the search would be of real children, we decline the defendant's invitation to rule as a matter of law that a hash test is a prerequisite to a search warrant in this kind of case. The government would not be free to conceal from the magistrate information showing a high probability that the images would be virtual rather than actual, but that is not what happened here. Assuming the hash information later obtained would have shown a lack of probable cause had it been obtained before the warrant was applied for, the fact is that it was not obtained until later, and there is no indication [*3] that the government intentionally avoided acquiring the information that the hash analysis disclosed. n1

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -

n1 Nor, in our view, does defendant's proposed inquiry into such a possibility justify a Franks hearing.

- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -

We think the analogy to drug cases, suggested by the defendant is relevant. Defendant is correct that "search warrants are not permitted based upon an agent seeing a bag of white powder on a kitchen table." (Defendant's Reply at 6.) But that is not what an affiant in a drug case will say. Rather, he will say that he purchased white powder from the defendant on several occasions, paying the usual price for cocaine, and that whenhe recently left the defendant's premises, there were similar bags of white powder on the kitchen table. Such an affidavit would usually justify the issuance of a warrant even though it does not describe a chemical analysis which proved the white powder to be cocaine. The government would have to prove at trial, of course, that the substance was cocaine, n2 just as the government [*4] in the instant case will have to prove that the images found at defendant's premises were of actual children. n3 But, like the drug case, we think the circumstances set forth in the affidavit here were sufficient to justify the inference that the defendant was accessing images of real children. The possibility that they were virtual, images' could be greater than the possibility that the white powder was flour or milk sugar, but not enough to preclude probable cause.

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -

n2 A fact usually stipulated to.

n3 We assume this is what the government intends to prove. If this is not correct, the government should file, by October 13, 2004, a statement indicating the nature of the images it intends to offer as evidence and its theory as to why they violate the statute upon which the superceding indictment is predicated.

- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -

The defendant's motion to reconsider, and for a Franks hearing, is denied.

_________________________________________________________________________________

UNITED STATES OF AMERICA, Plaintiff, v. H. MARC WATZMAN, Defendant.

No. 03 CR 1032

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

2005 U.S. Dist. LEXIS 8512

January 27, 2005, Decided

January 27, 2005, Filed

SUBSEQUENT HISTORY: Motion denied by United States v. Watzman, 2005 U.S. Dist. LEXIS 4504 (N.D. Ill., Feb. 7, 2005)

PRIOR HISTORY: United Am. v. Watzman, 2004 U.S. Dist. LEXIS 19960 (N.D. Ill., Sept. 30, 2004)

COUNSEL: [*1] For H Marc Watzman (1), Defendant: Thomas Anthony Durkin, Durkin & Roberts, Chicago, IL; Janis D. Roberts, Attorney at Law, Chicago, IL; Patrick W. Blegen, Law Offices of Patrick W. Blegen, Chicago, IL.

JUDGES: John E. Grady, United States District Judge.

OPINIONBY: John Grady

OPINION: MEMORANDUM OPINION AND ORDER

The court has considered the briefs of the parties filed subsequent to the order of December 8, 2004, and is still of the view that this case is controlled by United States v. Johnson, 376 F.3d 689, 693-94 (7th Cir. 2004). In short, the doctrine of legal impossibility is inapplicable. The defendant is charged with attempting to receive actual child pornography. If completed, this would be a criminal act, and therefore the attempt would be criminal. If the photos turn out to be "virtual" children, or actual adults, defendant would still be criminally responsible for the attempt, provided he intended to receive pornographic photos of actual children. The critical question is whether what the defendant intends to do is criminal; if it is, and he acts on that intention, it makes no difference that circumstances make completion of the criminal act impossible, [*2] as, for instance, when the photos the defendant thought would be pornographic photos of real children turn out to be photos of adults or virtual children.

The point is illustrated by the recent Seventh Circuit case of In re Nettles, 394 F.3d 1001, 2005 WL 120505 (7th Cir. 2005). The issue on appeal was whether the trial judge should have recused herself in a case where the defendant was charged with attempting to bomb the Dirksen Courthouse. The defendant allegedly arranged to obtain explosives from one undercover FBI agent and to sell them to another undercover agent who pretended to be a terrorist bent on destroying the building. Whether this constituted an attempt was not the issue in the case, so the Court had no occasion to discuss it. But the significant thing about the opinion for our purposes is that it assumes the defendant's alleged conduct would constitute an attempt, despite the following observation: "Of course the actual threat to the Dirksen Courthouse was nil because Nettles's accomplices were federal agents. 394 F.3d 1001, 2005 WL 120505, at *2.

The indictment here charges an attempt to obtain photos of actual children, and at this stage [*3] of the proceeding the court has no reason to believe the government will be unable to present evidence sufficient to create a jury question as to whether this was the defendant's intent. Accordingly, defendant's motion in limine to bar the government from presenting still photos that have not been authenticated as images of actual children is denied.

_________________________________________________________________________________

UNITED STATES OF AMERICA, Plaintiff, v. H. MARC WATZMAN, Defendant.

No. 03 CR 1032

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

2005 U.S. Dist. LEXIS 4504

February 7, 2005, Decided

PRIOR HISTORY: United States v. Watzman, 2005 U.S. Dist. LEXIS 8512 (N.D. Ill., Jan. 27, 2005)

DISPOSITION: Defendant's motion to dismiss the second superceding indictment for vindictive prosecution, motion for discovery and motion for an evidentiary hearing denied.

COUNSEL: [*1] For H Marc Watzman (1), Defendant: Thomas Anthony Durkin, Durkin & Roberts, Chicago, IL.; Brian M. Collins, Law Offices of Brian M. Collins, Chicago, IL.; Janis D. Roberts, Attorney at Law, Chicago, IL.; Jerry G. Silbert, Attorney at Law, Chicago, IL.; Patrick W. Blegen, Law Offices of Patrick W. Blegen, Chicago, IL.

JUDGES: John F. Grady, United States District Judge.

OPINIONBY: John F. Grady

OPINION: MEMORANDUM OPINION AND ORDER

The court has under advisement the defendant's motion to dismiss the second superceding indictment for vindictive prosecution. The theory of his motion is that the second superceding indictment was returned only after he had refused the government's offer to plead guilty to a possession charge carrying a five-year minimum penalty. The second superceding indictment contains a new charge of money laundering, Count XI, which defendant views as possibly involving a sentencing range "in the vicinity of twenty (20) years." (Def. Mot. at 5-6.)

Defendant argues that "adding an additional fifteen years of sentencing exposure for having the audacity to suggest going to trial is vindictive prosecution at its most blatant." Id. at 6.

Language can be found in various [*2] cases which would seem to suggest that adding more serious charges in an effort to induce a guilty plea to a lesser charge amounts to vindictive prosecution, a due process violation. However, the weight of authority is clearly to the contrary. It is permissible for the prosecution to use more serious charges as a means of attempting to induce pleas of guilty to lesser charges (provided, of course, that there is a basis for the more serious charge). The case of Bordenkircher v. Hayes, 434 U.S. 357, 54 L. Ed. 2d 604, 98 S. Ct. 663 (1978) involved a fact situation very similar to the one in this case. During plea negotiations, a Kentucky prosecutor threatened to have the defendant reindicted on a more serious (habitual criminal) charge if he did not plead guilty to the original charge. The defendant refused, was convicted on the habitual criminal charge and the case wound up before the Supreme Court on a claim of vindictive prosecution. The similarity of the cases is highlighted by the following statement:

It is not disputed that the recidivist charge was fully justified by the evidence, that the prosecutor was in possession of this evidence at the time of the original indictment, and that Hayes' [*3] refusal to plead guilty to the original charge was what led to his indictment under the habitual criminal statute.

Id. at 359.

The Court rejected the defendant's claim of vindictive prosecution and stated:

To hold that the prosecutor's desire to induce a guilty plea is an "unjustifiable standard," which, like race or religion, may play no part in his charging decision, would contradict the very premises that underlie the concept of plea bargaining itself.

* * * *

We hold only that the course of conduct engaged in by the prosecutor in this case, which no more than openly presented the defendant with the unpleasant alternatives of forgoing trial or facing charges on which he was plainly subject to prosecution, did not violate the Due Process Clause of the Fourteenth Amendment.

Id. at 364-65.

The Court did place emphasis on the fact that the threat of the more serious charge was made during the plea negotiations, id. at 360, whereas in the instant case the second superceding indictment was returned without notice to the defendant. But we are unable to see how this should make a difference, assuming the [*4] opportunity to plead to the lesser charge is still open to the defendant and has not been withdrawn in retaliation for his refusal of the offer. n1

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -

n1 We will refer to this question again later in this opinion.

- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -

In United States v. Goodwin, 457 U.S. 368, 73 L. Ed. 2d 74, 102 S. Ct. 2485 (1982), a misdemeanor charge was increased to a felony charge after the defendant made a jury demand. The Supreme Court rejected his claim of vindictive prosecution and made the following comments:

If a prosecutor could not threaten to bring additional charges during plea negotiation, and then obtain those charges when plea negotiation failed, an equally compelling argument could be made that a prosecutor's initial charging decision could never be influenced by what he hoped to gain in the course of plea negotiation. Whether "additional" charges were brought originally and dismissed, or merely threatened during plea negotiations, the prosecutor could be accused of using those charges to induce a defendant to forgo his right to stand trial. [*5] If such use of "additional" charges were presumptively invalid, the institution of plea negotiation could not survive. Thus, to preserve the plea negotiation process, with its correspondent advantages for both the defendant and the State, the Court in Bordenkircher held that "additional" charges may be used to induce a defendant to plead guilty. Once that conclusion was accepted, it necessarily followed that it did not matter whether the "additional" charges were obtained in the original indictment or merely threatened in plea negotiations and obtained once those negotiations broke down.

Id. at 378-79 n.10.

The defendant admits that he is unable to demonstrate prosecutorial vindictiveness at the present time but he seeks discovery from the government in order to establish it. However, in order to justify discovery the defendant must show a "colorable basis" for the claim of vindictive prosecution. It must rise "beyond the level of unsupported allegations." United States v. Heidecke, 900 F.2d 1155, 1159 (7th Cir. 1990). All the defendant has shown is an increase in the charges following his rejection of an offer to plead guilty to a [*6] lesser offense. In light of Bordenkircher and Goodwin, this is clearly not a colorable basis for a claim of vindictive prosecution.

Defendant also seeks an evidentiary hearing. Before that would be allowed, the defendant would have to make a prima facie showing of [vindictive prosecution] by "specific, detailed, and material facts." United States v. Utecht, 238 F.3d 882, 887 (7th Cir. 2001). The defendant has not done that, and no evidentiary hearing would be appropriate at this time.

If the defendant were to make a prima facie showing of vindictive prosecution, then the burden would shift to the government "to come forward with evidence that the motivation behind the charges was proper." United States v. Bullis, 77 F.3d 1553, 1559 (7th Cir. 1996). For that to happen, something other than increasing the charges to induce a plea of guilty would have to be shown. Defendant has not suggested anything, but one possibility occurs to us. If, for instance, the defendant were now to offer to plead guilty to the lesser charge that carries a five-year minimum penalty, and the government were to refuse that offer and insist on pursuing the [*7] money laundering charge, that might shift the burden to the government to show that the second superceding indictment was not brought in retaliation for the defendant's refusal to plead to the lesser charge. That bridge will be crossed if and when it is reached.

CONCLUSION

The defendant's motion to dismiss the second superceding indictment for vindictive prosecution, his motion for discovery and his motion for an evidentiary hearing are all denied.

_________________________________________________________________________________

http://www.usdoj.gov/usao/iln/indict/2003/watzman.pdf

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF UNITED STATES OF AMERICA v. H. MARC WATZMAN, also known as "Watzmanm@aol.com", "Howard Watzman", "Howard Marc Watzman", and "Marc Watzman"

ILLINOIS, EASTERN DIVISION

Magistrate Judge Nan R. Nolan

CRIMINAL COMPLAINT CASE NUMBER:

I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge and belief. On or about October 25, 2003, in Cook County , in the Northern District of Illinois, Eastern Division, and elsewhere, defendant did, knowingly possess two computer hard-drives containing in excess of approximately 3,000 images of child pornography that were produced using materials that had been mailed, shipped, and transported in interstate and foreign commerce by any means, including by computer, in violation of Title 18 United States Code, Sections 2252A(a)(5)(B). I further state that I am a Special Agent with United States Immigration and Customs Enforcement, and that this complaint is based on the following facts: See attached affidavit Continued on the attached sheet and made a part hereof: X Yes No Sworn to before me and subscribed in my presence, October 26, 2003 at Date Nan R. Nolan, U.S. Magistrate Judge Name & Title of Judicial Officer Signature of Complainant JOSE R. NIEVES SPECIAL AGENT UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT Chicago, Illinois City and State Signature of Judicial Officer

STATE OF ILLINOIS

SS COUNTY OF COOK

I, JOSE R. NIEVES, being duly sworn, do hereby depose and state: INTRODUCTION 1. I am a Special Agent with United States Immigration and Customs Enforcement ("CE"), and have been so employed since February 2003. I am assigned to the Cyber-Crimes Investigations Group where I have worked on a number of investigations relating to the possession, receipt, distribution, and manufacture of child pornography. As part of my basic agent training I have received specialized instruction in the area of child pornography investigations. Prior to joining ICE, worked as a Chicago Police Officer for approximately 8 years. 2. In connection with my official duties, I investigate criminal violations of federal statutes, including violations of Title 18, United States Code, Section 2252A(a)(2) (receipt of child pornography) and 2252A(a)(5)(B) (possession of child pornography). 3. As a result of my participation in this investigation, receiving information from other law enforcement officials, and analyzing documents and records, I am familiar with the circumstances surrounding the facts detailed in this affidavit. 4. The information contained in this affidavit is not, however, an exhaustive account of everything I know about this case. It, rather, only contains the facts that I believe are necessary to establish probable cause to believe that H. MARC WATZMAN violated Title 18, United States Code, Section 2252A(a)(5)(B). -2-

THERE IS PROBABLE CAUSE TO BELIEVE THAT H. MARC WATZMAN ON OR ABOUT OCTOBER 25, 2003 POSSESSED CHILD PORNOGRAPHY Federal Agents Conduct Court-Authorized Search of the Garden Apartment at 1454 N. Wieland Street, Chicago, Illinois 5. On or about October 24, 2003, federal Magistrate Judge Nan R. Nolan issued a warrant to search the Garden Apartment at 1454 N. Wieland Street, Chicago, Illinois (hereinafter "WATZMAN's residence"), for evidence relating to Marc WATZMAN's receipt and possession of child pornography. 6. On or about October 25, 2003, at approximately 10:15 a.m., federal agents, assisted by members of the Chicago Police Department, executed the search warrant on WATZMAN's residence. WATZMAN is Sole Occupant of Residence 7. WATZMAN was alone in his residence when the agents executed the search warrant. WATZMAN stated that he had lived at this residence since 2001, and that he resided there alone. 8. Public information database searches conducted on or about October 14, 2003, as well as surveillance and a review of trash recovered from WATZMAN's residence conducted on or about October 8, 2003, confirmed that WATZMAN is the sole occupant of the WATZMAN residence. The agents who conducted the October 25, 2003, search of the residence did not find any indicia of occupancy by anyone other than WATZMAN. -3-

Federal Agents Recover WATZMAN's Compaq Desk-Top Computer Containing Child Pornography 9. Agents from near WATZMAN's bedroom recovered a Compaq desk-top computer. This Compaq computer was plugged in, and was connected to a wireless internet router. 10. On October 26, 2003, an agent with extensive experience in the forensic analysis of computers and with the investigation of child pornography cases conducted a preliminary forensic examination of WATZMAN's Compaq computer. 11. The agent's preliminary forensic analysis revealed that the Compaq computer contained in excess of approximately 200,000 erased images. The agent was able to recover some of these erased images from folders and from unallocated space. These images featured, among other things, two nude boys and a girl aged approximately 8-12, engaging in sexual activity. The agent furthermore recovered approximately 40 other non-erased images from the Compaq's hard-drive that depicted nude girls who appear to be 8-12 years old engaging in sexually explicit conduct. 12. The agent also recovered e-mails in WATZMAN's name from the Compaq computer. Federal Agents Recover WATZMAN's Vaio Laptop Computer Containing Child Pornography 13. Agents from the living room of the Watzman Residence also recovered a Sony Vaio laptop computer. During surveillance conducted on or about October 7, 2003, federal agents observed WATZMAN with what appeared to be this same computer at Edward Hospital in Naperville, Illinois. -4-

14. A preliminary forensic examination of this laptop revealed, among other items, a computer program called "Evidence Eliminator" used to erase, among other things, images that were received/stored on computers. 15. In addition, the preliminary forensic examination revealed approximately 3,000-5,000 images stored in various directories. These images are of what appear to be real nude children exposing their genitals and otherwise engaging in sexually explicit activity and poses. For example, a number of these images depicted nude girls appearing to be approximately 8-10 years of age in various poses with their legs spread and their vaginas exposed to the camera. DVD's and Encrypted Materials Recovered in the WATZMAN Residence 16. Agents also recovered multiple Digital Video Disks ("DVD") featuring nude young girls age 8-14 in various states of undress, and agents determined that WATZMAN is a paid member to adult fetish websites in the same manner in which he is a paid member to websites featuring child pornography. 17. Agents also recovered a number of DVD's stored near WATZMAN's desk-top computer. A majority of these DVD's have "Music" written on them in marker. 18. A preliminary forensic examination of these DVD's, however, revealed that they contain various encrypted files of what are believed to be images and/or movies that cannot be viewed without the appropriate software and a secret password. Additional forensic examination of these files is expected to break the encryption code and to reveal the DVD's true contents. -5-

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Consent-Search of WATZMAN's Nissan Pathfinder 19. WATZMAN also consented orally and in writing to a search of his 2001 Nissan Pathfinder, bearing Pennsylvania license plate DRV6051, and registered to WATZMAN. 20. The vehicle contained, among other items, a resume/curriculum vitae in the name "H. Marc WATZMAN, MD." This resume stated that WATZMAN in 1992 obtained his medical degree in Ohio; that he until 1996 was a pediatrics resident in Maryland; that he from July 1996 to June 1999 was a Fellow in Pediatric Critical Care in Philadelphia; and that he from July 2000 until June 2003, was a Resident in Chicago. 21. WATZMAN's resume further states that he is licensed in Illinois and Kansas, and that he has been employed as a pediatrician in hospitals in Wichita, Kansas; Peoria, Illinois; Rockford, Illinois; Philadelphia, Pennsylvania; and Chicago, Illinois. 22. Federal agents obtained documents from the Illinois Department of Professional Regulation confirming that WATZMAN is a 37-year-old board-licensed physician and surgeon (license no. 036-100814); that he was licensed on July 28, 1999, and that his license is current until July 31, 2005; that he specializes in pediatric medicine and anesthesiology; and that he in or about July 2003 completed his residency in Chicago. Federal agents additionally determined that WATZMAN until October 8, 2003, was employed by a hospital in Naperville, Illinois, as a pediatrician in the Critical Care Unit. 23. Agents during their consent-search of WATZMAN's vehicle also recovered hidden in a side-panel of the vehicle's rear compartment a number of wire transfers to Guayaquil, Ecuador, dated as recently as September 23, 2003. These transfers, -6-

which are in the thousands of dollars, are in WATZMAN's name, but do not list WATZMAN's accurate address. Narcotics Recovered from WATZMAN's Residence and Vehicle 24. Agents also recovered various narcotics in WATZMAN's vehicle (primarily in the side panel in the rear of the car's interior where the wire transfers were recovered), as well as in his residence (primarily in the kitchen drawer). These narcotics included injectable Morphine; injectable Diprivan (which, according to a physician contacted by federal agents, is used to induce unconsciousness); Ketamine (used to induce unconsciousness); injectable Nimbex (used to induce temporary muscle paralysis); injectable Midazolam (used to sedate persons prior to surgical procedures), as well as a bottle of Viagra tablets. WATZMAN Used a P.O. Box 25. Agents also determined that WATZMAN leases a P.O. Box at 858 W. Armitage, Chicago, Illinois 60614. 26. On or about September 27, 2003, federal agents drove to 858 W. Armitage ,and determined that the location is an affiliate of United Parcel Service which offers mail boxes for rent. Mail box #180 is currently being leased by "Marc WATZMAN," and has been leased by WATZMAN since in or about 2000. 27. The paperwork filled out and signed by WATZMAN when he initially leased the P.O. Box lists WATZMAN's previous address. The address on these documents corresponds with the address contained on WATZMAN's Illinois Insurance Card, as well as on his Illinois Driver's License, namely, 1876 N. Burling Street, Second Floor, Chicago, Illinois. WATZMAN does not, however, currently live at this address. -7-

28. On or about September 30, 2003, ICE agents, pursuant to their border-search authority, inspected a letter-sized parcel sent to WATZMAN's P.O. Box from a fictitious P.O. Box in Sweden. The parcel contained a video titled "The Wild Life Report, Volume 4." Agents viewed the video and found it to contain what appear to be home-made voyeuristic scenes of adult nude people on a beach. Agents the next day inspected another parcel from Sweden which contained the identical video. 29. On or about October 11, 2003, agents intercepted a parcel from Germany that was addressed to WATZMAN. The parcel was inspected, and was found to contain encryption software commonly used to hide pictures within pictures, to hide text within pictures, and to encrypt computer files. 30. Based on the undersigned's experience and training and the experience and training of other federal law enforcement agents involved in this investigation, the conduct depicted in WATZMAN's desk-top and lap-top computer, described in the paragraphs above, qualifies as "sexually explicit conduct," as the term is defined in 18 U.S.C. § 2256(2). 31. Based on the evidence described in this affidavit and my experience and training, and the experience and training of law enforcement personnel with whom I have had contact and have discussed this case, I believe that probable cause exists to believe that H. Marc WATZMAN on or about October 26, 2003, knowingly possessed at least 3,000 images of child pornography that were produced using materials that had been mailed, shipped, and transported in interstate and foreign commerce by any means, including by computer, in violation of Title 18, United States Code, Section 2252A(a)(5)(B). -8-

FURTHER AFFIANT SAYETH NOT. JOSE R. NIEVES Special Agent United States Immigration and Customs Enforcement Subscribed and sworn to before me this __ day of October 2003 __________________________________ NAN R. NOLAN United States Magistrate Judge -9-

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Chicago pediatrician pleads guilty to child pornography charges

By Mike Robinson - Associated Press Writer

Associated Press - June 7, 2005

CHICAGO (AP) - A Chicago pediatrician pleaded guilty Tuesday to charges that he spent thousands of dollars collecting hundreds of computer images of child pornography including photos of victims as young as 4 years old engaging in sex with adults.

Dr. H. Marc Watzman, 38, could be sentenced to between five and eight years in federal prison for one count of possessing child pornography and nine counts of receiving it.

U.S. District Judge John F. Grady set sentencing for Sept. 15.

Defense attorney Thomas Anthony Durkin told reporters after Watzman pleaded guilty to the charges that his client had been born with a congenital heart defect and had undergone three operations -- the final one leaving him suffering from severe depression.

Durkin said Watzman became addicted to child and adult pornography to cope with the depression and that he is now seeing a psychiatrist to cope with his problems.

"He is not a pedophile, he is not a predator, he did not produce the pornography and he didn't traffic in it," Durkin said. "He simply used it as part of his addiction. To have to warehouse someone like this for at least five years is a waste of a life."

Watzman, who specializes in anesthesiology and emergency room treatment as well as pediatrics, already has agreed to the temporary suspension of his medical licenses, Durkin said.

He said he hoped that eventually psychiatric evidence could be provided that would enable Watzman to get his license back so that he could practice medicine again.

Durkin said 95 percent of the pornography downloaded by Watzman had no children in it.

A 17-page plea agreement signed by Watzman described in explicit detail some scenes of extreme sadistic activity shown on images collected by the doctor. But Watzman said that while he had meant to download child pornography he had not intended to obtain sadistic images.

Many of the images that he downloaded came from a Web site based in St. Petersburg, Russia, that boasted of offering a large assortment of child pornography. Servers associated with the site were located in Hong Kong, Houston and Karlsruhe, Germany, federal officials said.

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Doctor pleads guilty to child porn

METRO BRIEFS

From Staff Reports

Chicago Sun-Times -June 8, 2005

A Chicago pediatrician pleaded guilty Tuesday to federal charges of receiving and possessing child pornography that he bought from a Russian-based organization called "Pedoshop" in 2003. Dr. H. Marc Watzman, whose medical license was suspended after his 2003 arrest, faces at least five years in prison. He has admitted to sending about $9,700 to Pedoshop and receiving child pornography videos lasting from 10 minutes to an hour each. Some depicted boys and girls as young as 4 years old engaging in sex with adults. And two videos depicted sadomasochistic abuse of children being bound, raped and in one case, hung from a ceiling while being abused, according to prosecutors Markus Funk and Monika Bickert. Watzman's pornography collection included at least 600 still images and videos stored on computers at his home on the 1400 block of North Wieland, prosecutors said.

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Federal Bureau of Prisons

January 18, 2008

222.bop.gov

Name	Register Number	Age	Race	Sex	Release Date         Actual/Projected	Location
H. Marc Watzman	21383-424	41	White	M	Unknown/08-21-2010	Loretto FCI

                             

The Federal Correctional Institution (FCI) in Loretto is a low security facility housing male inmates. An adjacent minimum security satellite prison camp houses male inmates.

FCI Loretto is located in southwest Pennsylvania between Altoona and Johnstown, 90 miles east of Pittsburgh. The facility is located off Route 22, between Interstate 80 and the Pennsylvania Turnpike via Route 220.

Judicial District: Western Pennsylvania

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