Orange County District Attorney
Press Release

Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701

For Immediate Release
March 24th, 2005
Contact:Mark Macaulay
Media Relations Spokesperson
(714) 347-8405

Santa Ana – David Bornstein, 54, of Cypress, a former California Deputy Attorney General in Los Angeles, has pled guilty to possession of child pornography.  Bornstein was charged on September 8, 2004, as part of “Operation Falcon” a criminal task force run by the Department of Homeland Security.  Bornstein was sentenced to 90 days in Orange County Jail, 3 years formal probation, must submit a DNA sample to the CODIS database, and required to register as a sex offender for the rest of his life.

In March 2004, law enforcement found two personal computers containing more than 30,000 images of child pornography and over 800 video segments containing children engaged in sexual activity at the Bornstein’s residence.  Many of the videos depicted children of toddler age engaging in sexual acts with adult males.  This seizure of child pornography was one of the largest in Orange County history. 

“Operation Falcon” targeted the trafficking of child pornography over the internet, including the investigation of commercial internet sites that sell memberships for access to images of child pornography.  Mr. Bornstein’s name and credit card appeared on a customer list of RegPay, Inc., which is a financial intermediary for child pornography web sites operating in Eastern European countries.  Bornstein was a subscriber to this child pornography service from March 2003 to March 2004. Orange County Deputy District Attorney Paul Chrisopoulos in the Felony Projects Unit prosecuted the case.

Under the existing law, the punishment for child pornography varies greatly, with some offenses punishable as felonies, some as alternative felony-misdemeanors, and others strictly as misdemeanors. District Attorney Tony Rackauckas has proposed legislation to the state government that would mandate that all child pornography related offenses against children 14 years of age or younger be punishable as a felony.