Federal prosecutors have released details about the child p0rnography possession charges against 90 Day Fiancé Season 1 star, Michael Eloshway.
The information was revealed in a new court filing after Eloshway turned down a plea offer on Thursday.
From Cleveland.com:
The rejected offer called for Eloshway to plead guilty to one count of receipt and distribution of child p0rnography. The agreement would have called for an advisory sentencing range of 12 years and four months in prison to 15 years and seven months in prison.
If convicted at trial, Eloshway would face a sentencing range from 17 years and five months to 20 years, the maximum sentence under the law.
#90DayFiance Season 1 star Michael Eloshway has been charged with 2 counts of child p0rn possession. The indictment was filed in federal court earlier this month. Mike and Aziza welcomed a daughter (their first child) in 2019. https://t.co/JeYunS3sTc
— Starcasm (@starcasm) June 25, 2023
Details on Michael Eloshway’s charges
Michael Eloshway was indicted in June of 2023 for one count of Possession of Child Porn0graphy and one count of Receipt and Distribution of Visual Depictions of Real Minors Engaged In Sexually Exp|icit Conduct.
The initial filings in the case, including the indictment, had very little information about the specific allegations against Eloshway. Last week, federal prosecutors shared details about their investigation in a new court filing.
In March of 2023, Federal investigators were running queries in an attempt “to track Internet Protocol (IP) addresses suspected of trading Child Se*ual Abu$e Material (CSAM) via BitTorrent.” According to the tracking service used by investigators, Eloshway’s IP address “engaged in the receipt, possession, and distribution” of CSAM between February 13, 2022 and March 8, 2023.
On March 27, 2023, Eloshway’s IP address again was identified receiving and sharing parts of files known to be CSAM. During this time, Eloshway’s IP address received or transmitted approximately 63,439 files, of which, approximately 9,541 files were determined to be severe files. Of the files shared and downloaded, approximately 4,517 contained sad*sm and mas0chism.
Federal agents executed a search warrant on Eloshway and his home in Twinsburg, Ohio. Among the devices seized during the search was a black HP desktop computer.
#90DayFiance Season 1 star Michael Eloshway "was terminated from his employment" after being indicted on child p0rnography possession charges. Plus, we now have a trial date. https://t.co/KKZlJR6nYA
— Starcasm (@starcasm) July 27, 2023
Michael Eloshway admits possession of child p*rn
Agents advised Eloshway of his rights, and he consented to an interview. During the interview, Eloshway “stated the HP desktop contained child p0rnography.”
More on Eloshway’s “confession” from the filing:
Eloshway admitted he knew how BitTorrent worked and had been using it for 20 years. He stated he downloaded large batches of p0rnography from BitTorrent and those batches contained child p0rnography. He stated he would delete the child p0rnography that would be downloaded in batches. Eloshway admitted the recent child p0rnography he downloaded had not been deleted and would be in his downloads folder on his computer.
Eloshway, via BitTorrent, distributed 62 files CSAM (five videos and 57 images) directly to law enforcement. The black HP desktop computer that Eloshway admitted to storing child p0rnography on was analyzed and contained 7,182 unique files of CSAM (four videos and the remaining images).
Prosecution’s case against Michael Eloshway
Prosecutors clearly laid out their case against Michael Eloshway in the court filing. Below are excerpts with citations removed:
The first element of both counts one and two of the indictment require a mens rea of knowingly. When the government introduces testimony indicating:
(1) defendant stated he knew there was child p0rnography on his computer,
(2) he stated that if there was any child p0rnography on his computer it was his,
(3) he installed file sharing program on that computer,
(4) he knew files in his file sharing folder would be shared with others,
(5) file sharing folder contained child p0rnography, and
(6) detective was able to access images of child p0rnography from defendant’s computer via file sharing program, evidence is sufficient to support a conviction…
Although distribution is not defined in the jury instructions, evidence consistent with the plain meaning of the word is sufficient. Specifically, evidence is sufficient to support a conviction for distribution under 18 USC § 2252(a)(2) when it shows that defendant maintained child p0rnography in a shared folder, knew that doing so would allow others to download it, and another person actually downloaded it.
Here, Eloshway has knowledge that he received, possessed, and distributed was child p0rnography. Eloshway admitted in an interview he knew there was child p0rnography on his computer. He stated the computer the child p0rnography was found on was his and he installed the file sharing program was the Bittorrent on that computer. Eloshway knew files in his file sharing folder would be shared with others as he stated he knew how BitTorrent worked and had been using it for 20 years. The file sharing folder contained child p0rnography, and finally, law enforcement was able to access images of child p0rnography from defendant’s computer via file sharing program.
Michael Eloshway’s defense
Michael Eloshway’s attorney, Jay Milano, filed a trial brief on Tuesday stating the prosecutor’s case was not strong enough to convict:
It is the position of Mr. Eloshway that it cannot be proven, beyond a reasonable doubt, that he “Knowingly” possessed or distributed child p0rnography.
His internet search requests were generic. The contraband came as unindexed parts of “torrents/floods” of data. The contraband was delivered among a small number “torrents/floods” over time. Those torrent/floods were but a small percentage of total searches over the same period. When discovered, he deleted them.
Other than the possibility of Mr. Eloshway testifying, the defense will call no other witnesses.
Michael Eloshway trial
Prosecutors state their case against Michael Eloshway should take roughly three days to present. As indicated above, Eloshway’s attorney does not plan to call any defense witnesses, unless Eloshway decides to testify.
There does not appear to be a trial date set yet. Starcasm will continue to monitor Michael Eloshway’s criminal case and provide any major updates in the case.
Michael Eloshway on 90 Day Fiancé
Michael Eloshway was 31 years old when he filmed for the first season of 90 Day Fiancé. He was dating 21-year-old Russian student Aziza, and the two would eventually get married on the show.
Here is their official bio from TLC:
Mike and Aziza met on an international language learning website. Mike wanted to learn Russian for an upcoming trip, and Aziza wanted to learn English. The site paired them up, and they began speaking to each other regularly online.
Mike visited Aziza in Russia, and after spending 6 days together, the two decided to get married.
As a full-time student, Aziza has never had to take care of anything but her studies.
With Mike eager to start a family, Aziza will face a steep learning curve as she leaves the comforts of her familiar culture, sheltered life and studies for a new world filled with first experiences and a whole lot of pressure.
Mike Eloshway and Aziza Eloshway have remained together after their marriage featured on 90 Day Fiance Season 1.
In September of 2018, Aziza announced she was pregnant with their first child. The first-time mom-to-be made the announcement with a gallery of three maternity photos shared on Instagram. “Mom&Dad❤️2019???” she captioned the gallery.
On January 14, 2019, Aziza gave birth to a baby girl. “Our Princess has arrived!” Mike captioned an Instagram photo of himself with his baby girl. “Welcome Olivia Joan, born 1/14! Great job, mommy!”
Asa Hawks is a writer and editor for Starcasm. You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com
