Former Ontario lawyer Sagi Schwartzberg was sentenced to 10 years in federal prison with 20 years of supervised release April 4 after pleading guilty to receiving child pornography.
The April 27 criminal complaint against Schwartzberg claimed that he was soliciting and paying for sexually explicit photos of minors using the messaging apps Kik and Snapchat.
Schwartzberg pleaded guilty to receiving child pornography Aug. 3.
“While I never shared pictures or videos I bought of young-looking women – because I felt they were ‘mine’ and felt the photos/videos were exclusively mine, I did save many on my phone so I could view them when I had more downtime.”
from Sagi Schwartzberg’s letter to the court
A psychology assessment indicated he had a paranoid personality disorder and sexual adjustment problems.
“I failed,” Schwartzberg wrote in a six-page, handwritten letter to the judge. “I failed as a husband, father, lawyer, and, most importantly, a member of our society. I failed to follow and respect the law. In fact, I broke the law that I swore to uphold nearly 11 years ago when I was sworn in as a lawyer. I am disgusted with myself, disappointed in myself and ashamed of myself for what I’ve done. I take full and complete responsibility for my conduct and the offense. I deserve to be punished.”
The letter chronicles Schwartzberg’s activity with pornography, including his initial website visits, his mindset and circumstances at the time, and what he describes as his spiraling compulsion. The copy of the letter, which is handwritten by Schwartzberg and included in the court documents, is low quality. A transcription by Follow Our Courts is here, and the handwritten version is linked at the bottom of this article.
Sentencing briefs
“Trading child pornography and soliciting sexually explicit photos of videos from minors is shameful and shocking behavior from an adult man, much less an adult man from defendant’s background: an attorney, a father, a husband, an educated man of profession who appears to enjoy professional and financial success as well as a wide circle of personal friends and colleagues,” the prosecutor wrote in the sentencing brief, which requested a sentence of 12 and a half years.
Schwartzberg admitted to his criminal conduct when contacted by law enforcement and demonstrated sincere sorrow for his actions, the prosecutor wrote.
“I found myself… buying more photos/videos from girls – even from one who asked me to pay her in gift cards instead of Venmo or Cash App because she said she wasn’t old enough to use those payment methods…. I willfully ignored asking her how old she was even though she looked young.”
from Sagi Schwartzberg’s letter to the court
He had no criminal history, and appeared to be a hardworking and respected member of the community before his Feb. 17, 2021, arrest, the prosecutor wrote.
The attorney was born and raised in Israel, and immigrated to the United States with his family when he was 11 years old, according to Schwartzberg’s sentencing brief, which requested a sentence of 10 years. His first job, at 15, was as a McDonald’s cashier. As a teen he competed in electric organ competitions.
He graduated from California State University, Northridge in 2006, and graduated with a law degree from the University of La Verne College of Law in 2010. He opened his own practice after joining the California State Bar, and began mentoring young lawyers, providing pro bono work and providing money to employees studying for the bar, according to character letters.
“Unfortunately, Mr. Schwartzberg developed a personal challenge that he failed to recognize and properly address, which spiraled into the offense conduct in this case, conduct that shocked everyone who knew him. Mr. Schwartzberg has taken full responsibility for his conduct, has undergone a mental health evaluation to discover the source of his conduct, and is determined to do whatever it takes to rehabilitate and atone for his conduct,” Schwartzberg’s brief reads.
Schwartzberg immediately consented to have the police search his phone and laptop computer, provided the passcodes to both devices and admitted to being involved in child pornography chat groups on Kik, he claimed in his sentencing brief.
19 letters attest to character
Nineteen people wrote letters in regard to Schwartzberg’s sentencing, including his mother, legal colleagues, former roommates and former wife, Rebecca.
Since his arrest, Schwartzberg called every day to express his regret to Rebecca, she said in her letter. She filed for divorce after his arrest, according to the psychological assessment.
“His rise in the community was not only due to his drive and skill, but because he was beloved by so many who got to know him well. I cannot explain away or defend his actions by any means. There is indisputably a part of Sagi that needs to be understood and treated, but I can’t say that I believe his inexcusable actions define the person he is,” she wrote. “As a wife and as a mother I am extremely angry, disappointed and hurt by his actions. Sagi does not argue with me regarding any of these feelings I express to him. He understands the gravity of what he has done and the pain he has caused, and feels nothing but remorse every second of every day.”
He drove eight hours in the middle of the night to rescue his sister when her boyfriend was threatening physical and sexual abuse, his sister Dana wrote in a chracter letter: “I truly believe that he saved my life that night. In spite of his conduct that has brought this case upon him, please know he is a man who has used his kind soul and resources to fight to protect me and many others.”
In 2016 Schwartzberg represented the parents of Kennedy LeRoy, a 16-year-old who killed himself after leaving a note saying he was being bullied at school. Schwartzberg’s mother, Gabriela, mentioned the pro-bono effort in her letter.
“Even though he was fully aware that his chances again (sic) the school district were slim, he took the case because he believed in the cause. He did substantial work with no payment, committed to fight for the family and the young life lost, causing his firm significant loses (sic) regardless of his partner disagreement and, at times, causing friction between them,” she wrote.
Psychology report
A psychology report performed by psychologist Lydia Bangtson and attached as an exhibit in Schwartzberg’s sentencing brief diagnosed him with the sexual disorder paraphilia, moderate cannabis use disorder and moderate alcohol use disorder.
The report suggested he had a tendency to act out inappropriately to reduce anxiety, and engaged in inappropriate behavior when stressed or bored. Otherwise, he denied attraction to minors, and there was no indication of contact with minors.
He said his work made him anxious and stressed, and that he had a panic attack once, during his personal involvement in a lawsuit. He used to use cocaine, but had not had any in the past three years, and smoked marijuana every other day.
He was under stress during the coronavirus pandemic, due to money, and contacted people who sold porn when he became stressed, he told the psychologist.
“I would contact them when I was bored or stressed out. I don’t know why child porn. I didn’t know most of them were under age,” she reported Schwartzberg told her.
The investigation
Law enforcement began investigating Schwartzberg after the messaging app Kik alerted the National Center for Missing and Exploited Children that one of its users, with the username drunkesq_064, uploaded what they thought was child pornography. They provided the user’s email and IP addresses, FBI Special Agent Lisa Wall said in her affidavit.
Wall later reviewed the files, which she said depicted girls between the ages of 6 and 10 years old with their genitals exposed, and some showed them having sex with adult men.
The email address contained Schwartzberg’s name. The IP addresses were from Schwartzberg’s Fontana home and his law office at 3125 E. Guasti Road, Ontario, Wall said.
The Center then notified the Fontana Police Department Internet Crimes Against Children Task Force, Wall said.
A Fontana police raid on Schwartzberg’s residence found sexually explicit photos of a 15-year-old Agoura High School student whom Schwartzberg had been soliciting sexually explicit photos and videos from for two years, Wall said.
Schwartzberg paid her $600 through e-gift cards for 25 images and two videos, Wall said the minor told police.
Schwartzberg had requested the girl meet him for sex and introduce him to her other friends, but she never agreed to, she told the police.
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, Wall said.
Fontana police identified several other minors Schwartzberg had sexually explicit images of on his second phone.
The username was associated with Schwartzberg’s email address, which was a version of his name.
The State Bar disbarred Schwartzberg in January following his conviction. He had joined the bar in December, 2010.
One thousand child-pornography cases were referred to the U.S. Sentencing Commission in 2020, a decrease from 1,600 in 2016, according to a U.S. Sentencing Commission factsheet. Thirteen percent of offenders are sentenced for receiving child pornography.
Parties
Assistant United States Attorney Sonah Lee represented the United States of America.
Alec Rose of the Santa Monica Law Office of Alec Rose represented Schwartzberg.
Central District of California Judge Virginia Phillips presided. Central District of California Judge Andre Birotte sentenced.
Case number 5:21-cr-00148.
Read the complaint here.
Read the plea agreement here.
Read the sentencing brief, including the psychological report and letters from Schwartzberg’s family, friends and colleagues, here.
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