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ADULT VIDEO DISTRIBUTOR FINED $850,000\Encino man agrees to donate $250,000 to children's charities.


Byline: Jaxon Van Derbeken Daily News Staff Writer

An Encino man believed to be the nation's largest distributor of adult videos was fined $850,000 and ordered to perform 2,400 hours of community service for shipping obscene materials to Kentucky, officials said Tuesday.

In addition, Mark Curtis Mark Curtis can refer to:
  • Mark Curtis (British author), a British political author.
  • Mark Curtis (SWP member), a former American Socialist Worker's Party member.
  • The ring name used by professional wrestling referee, Brian Hildebrand.
 Carriere, 40, agreed to make a $250,000 donation to three children's charities.

U.S. District Judge John Heyburn, in a sentencing hearing Friday in Lexington, Ky., rejected a prosecutor's argument that Carriere should serve six months in jail as set forth in his plea agreement with the government.

"The judge said that (the plea agreement) not withstanding, a better condition would be probation and fines," said Assistant U.S. Attorney Hancy Jones. "He just said, we shouldn't discount the deterrent effect of probation."

"I argued before the court that this man, this corporation would simply think that this $850,000 would simply be a cost of doing business," Jones said.

Carriere was not in his office on Tuesday.

Arthur Schwartz Arthur Schwartz (November 25, 1900 - September 3, 1984) was an American composer.

Schwartz supported legal studies at New York University and postgraduate studies at Columbia University by playing piano before concentrating his talents on vaudeville, Broadway theatre and
, Carriere's attorney, acknowledged that the contribution to Kentucky charities was made in part to convince the court not to require his client to do jail time.

"He was obviously hoping to get someone's attentive ear to his plea to stay out of the slammer A worm that caused a billion dollars worth of damage on the Internet on January 25, 2003. Slammer infected computers all over the Internet by generating random IP addresses and causing the computer's buffer to overflow with its own instructions that replicate itself and start the process ," Schwartz said.

"The people who are going to get the use of those monies really need it," Schwartz said. "Did he give it to save his own neck? I think that is probably true. But the people who are getting it don't know Don't know (DK, DKed)

"Don't know the trade." A Street expression used whenever one party lacks knowledge of a trade or receives conflicting instructions from the other party.
 that. And they need it."

Schwartz said the resolution of the case spells the end of a series of prosecutions aimed at Carriere and other major producers and distributors of adult videos.

"The government's aim was to put them out of business - that they didn't accomplish," Schwartz said. "But they did make a lot of money."

Carriere, whose Indiana-based Leisure Time Entertainment has offices in Van Nuys, admitted to making four shipments of sexually explicit videos and magazines from Indiana to a mail drop in Logan County Logan County is the name of several counties in the United States:
  • Logan County, Arkansas
  • Logan County, Colorado
  • Logan County, Idaho (1889-1895)
  • Logan County, Illinois
  • Logan County, Kansas
  • Logan County, Kentucky
  • Logan County, Nebraska
, Ky.

Carriere has previous obscenity obscenity, in law, anything that tends to corrupt public morals by its indecency. The moral concepts that the term connotes vary from time to time and from place to place. In the United States, the word obscenity is a technical legal term. In the 1950s the U.S.  convictions, as well as a 1991 conviction for federal income tax evasion The process whereby a person, through commission of Fraud, unlawfully pays less tax than the law mandates.

Tax evasion is a criminal offense under federal and state statutes. A person who is convicted is subject to a prison sentence, a fine, or both.
. In 1992, Carriere and his company agreed to pay a record $3.5 million fine stemming from a Tallahassee, Fla., obscenity case.

Carriere was ordered to serve four months of detention in his Encino home on the federal obscenity charges in Florida, and to forfeit To lose to another person or to the state some privilege, right, or property due to the commission of an error, an offense, or a crime, a breach of contract, or a neglect of duty; to subject property to confiscation; or to become liable for the payment of a penalty, as the result of a  $3.5 million in company assets, officials said. Schwartz said the latest case marks the end of the government's long campaign against his client.

"This ends the prosecution," Schwartz said. "This is the first time since 1990 that he hasn't had some criminal case over his head."

In the most recent case, Carriere had faced a possible federal prison term of 43 months to 40 years for the shipments from his company between June 1992 and January 1993.

A jury deadlocked dead·lock  
n.
1. A standstill resulting from the opposition of two unrelenting forces or factions.

2. Sports A tied score.

3.
 11-1 in favor of conviction on the obscenity charges.
COPYRIGHT 1996 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Feb 14, 1996
Words:495
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