Two Men Charged by Indictment with Conspiring to Receive and Distribute Child Pornography Through the Mail

SYRACUSE, NEW YORK - John Kelly, age 82, of Rome, New York, and Richard Hockersmith, age 65, of Plattsburgh, New York, were arraigned last week on a federal indictment charging each defendant with conspiring to receive and distribute child pornography using the U.S Postal Service. Kelly and Hockersmith also face charges of receipt, distribution, and possession of child pornography. Both defendants have been detained in custody pending trial.

United States Attorney Carla B. Freedman and Erin Keegan, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.

The indictment alleges that between August 19, 2022, and September 10, 2024, Kelly and Hockersmith conspired to receive and distribute child pornography which they also possessed on several electronic devices. Each defendant is presumed innocent unless and until proven guilty.

If convicted, Kelly and Hockersmith each face at least 5 years and up to 20 years in federal prison for the conspiracy and receipt and distribution counts, and up to 20 years for their possession of child pornography. They also face a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. Kelly and Hockersmith would also have to register as sex offenders upon their release from federal prison and would be required to forfeit the devices used to commit their crimes and pay restitution to victims. A defendant's sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The case is being investigated by Homeland Security Investigations (HSI) with assistance from the Oneida County Sheriff's Office and the New York State Police. Assistant U.S. Attorney Adrian S. LaRochelle is prosecuting the case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney's offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.