Ontario lawyer Sagi Schwartzberg is facing an April 4 sentencing for producing child pornography.
The April 27, 2021, criminal complaint against Schwartzberg, who had been a partner at Schwartzberg & Luther, APC, claimed that he was soliciting and paying for sexually explicit photos of minors using the messaging apps Kik and Snapchat. Schwartzberg pleaded guilty Aug. 3.
According to the complaint, Schwartzberg used the username “drunkesq_064” when soliciting the information, and sometimes uploaded child pornography to Kik from his Schwartzberg & Luther, APC, office building at 3125 E. Guasti Road, Ontario.
The uploaded files depicted girls between the ages of 6 to 10 years old showing their private regions and having sex with adult men.
Kik alerted the National Center for Missing and Exploited Children that they believed Schwartzberg’s account was uploading child pornography, and the Center then notified the Fontana Police Department Internet Crimes Against Children Task Force.
Kik’s report included the email address used to register for the account, which was a version of Schwartzberg’s name, and the IP addresses used to upload the content, which police later determined were from Schwartzberg’s office and residence.
A Fontana police raid on Schwartzberg’s residence found sexually explicit photos of a 15-year-old Agoura High Schooler whom Schwartzberg had been soliciting sexually explicit photos and videos from for two years.
Schwartzberg paid her $600 through e-gift cards for 25 images and two videos, the minor told police.
The lawyer had requested she meet him for sex and introduced him to her other friends, but she never agreed to, she said.
Police also identified a 17-year-old Rancho Cucamongan who sent Schwartzberg explicit photos in exchange for $510, and who told police that Schwartzberg had offered to pay her for sex.
Fontana police identified several other minors who Schwartzberg had sexually explicit images of on his second phone.
The username was associated with his email address, which was a version of Schwartzberg’s name.
The statutory maximum sentence for the violation is 20 years’ imprisonment with a lifetime period of supervised release and a fine of $250,000. The minimum is five years’ imprisonment and a five-year period of supervised release.
The plea agreement left Schwartzberg with between 120 and 240 months imprisonment with 10 years supervised release, $3,000 in restitution to victims and fines to be decided by the court.
The State Bar disbarred Schwartzberg in January following his conviction. He had joined the bar in December, 2010.
Sentencing was scheduled for Jan. 31, but due to a need for a psychological report, and a desire to hold the sentencing in person after the Omicron surge, the sentencing was continued until April.
Parties
Sonah Lee, Assistant United States Attorney, represented the United States of America.
Alec Rose of the Santa Monica Law Office of Alec Rose represented Schwartzberg.
California Central District of California Judge Virginia Phillips presided.
Case number 5:21-cr-00148
Read the complaint here.
Read the plea agreement here.
