ALBANY, NEW YORK – Derek Luch, age 49, of Troy, New York, appeared in federal court today on charges that he received and possessed child pornography.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
A criminal complaint alleges that on or about November 4, 2021, Luch possessed more than 100 images of child pornography, including images of pre-pubescent minors from the ages of 8 to 12 years old. Luch is also charged with using an internet-based peer-to-peer network to download and receive child pornography. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Luch initially appeared today before United States Magistrate Judge Daniel J. Stewart. He waived his right to a detention hearing, and will remain detained pending trial.
If convicted, Luch faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. 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. Luch would also be required to register as a sex offender.
This case was investigated by the FBI and its Child Exploitation Task Force. The Child Exploitation Task Force is comprised of FBI Special Agents, and state and local police investigators. The case is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping 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
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