Damian Williams, the United States Attorney for the Southern District of New York, and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the arrest of JUSTIN HEATH SMITH, an adult film actor who uses the stage name “Austin Wolf.” SMITH is charged with sending and receiving hundreds of videos of child pornography via the Telegram application. Those videos depicted children as young as infants, including a video showing a 10-year-old child bound and raped.
In addition to sharing child pornography via Telegram, SMITH is also charged with possessing hundreds of additional videos containing child pornography in his Manhattan apartment. SMITH will be presented later today before U.S. Magistrate Judge Robyn F. Tarnofsky in Manhattan federal court.
U.S. Attorney Damian Williams said: “As alleged, Justin Heath Smith received and distributed hundreds of recordings containing child pornography, including a ghastly video showing a young child bound, beaten, and raped. Our investigation into Smith is ongoing, and we urge anyone with information about Smith’s conduct to call the FBI at 1-800-CALL-FBI. Together with our law enforcement partners, we will relentlessly pursue those predators who victimize children and prosecute them to the fullest extent of the law.”
FBI Assistant Director in Charge James Smith said: “I want to make it clear: those who distribute child sexual abuse images prey upon the most vulnerable in our society. Each image is a crime scene, leaving lasting scars on innocent victims. The FBI is relentless in our pursuit of these perpetrators. We will track them down, arrest them, and ensure they face justice for the harm they cause.”
According to the allegations contained in the Complaint:[1]
Between March 24 and March 28, 2024, SMITH, using an anonymous Telegram account, exchanged hundreds of videos containing child pornography with another individual whose phone was later seized and searched by the FBI pursuant to a search warrant.
An undercover FBI agent subsequently began a conversation with SMITH’s anonymous Telegram account. In the course of those conversations, SMITH revealed details that confirmed his identity.
On April 21, 2024, the FBI executed a search warrant at SMITH’s Manhattan apartment, which revealed an SD card with hundreds of videos containing child pornography.
SMITH, 43, of New York, New York, is charged with one count of distribution and receipt of child pornography, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison, and one count of possession of child pornography, which carries a maximum sentence of 10 years in prison.
The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI. Mr. Williams urged anyone who has additional information about SMITH’s conduct to call the FBI at 1-800-CALL-FBI or to submit a tip at tips.fbi.gov.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Getzel Berger is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
