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Underage Performer Fueling 2257 Rumors

posted on avn.com: CHATSWORTH, Calif. – F.B.I. agents on Monday visited the offices of Diabolic Video to check the company’s records in accordance with the recordkeeping regulations of 18 U.S.C. §2257, according to Diabolic owner Greg Allan.

“The agent said there are 10 companies on their list and we were the first, but Diabolic, not Anabolic,” Allan told AVN.com exclusively.

However, sources tell AVN.com that at least one other company has had its records inspected, and that the list of companies to be inspected was not limited to 10.

Monday’s inspections were the first time any adult company had ever been visited in the 11 years that the regulations have been in effect to verify its compliance with the record keeping requirements of §2257.

“They’ve been very nice and professional and are just doing their jobs,” Allan said at approximately 1 p.m. Pacific time. “I’m passing with flying colors. They’re still here but midway through, I know we have everything.”

The inspectors left at 5:30 p.m., after spending most of the day at the company.

“They said they’re going to report to the Justice Department that my records are all good,” Allan said that evening. “I hope I did the industry proud, since I was the first one to be found having excellent records.”

“I’ve dedicated a lot of time and money to this so I think I’ve taken it more seriously than a lot of people,” Allan had remarked earlier. “It’s never a comfortable feeling when the FBI is downstairs, wanting to talk, but again, they’ve been really nice about it.”

Allan said the FBI did not disclose the other names on the list, but knowledgeable sources say that the agents are interested in examining the records of 23 video titles from various producers. That list was not made available to AVN.com.

At least one attorney had speculated that the inspections might be connected with the rumor, some months ago, that a fairly new performer by the name of “Seduction” had made features and posed for explicit photos while underage, but knowledgeable sources say that the current investigations have nothing to do with that performer.

However, according to First Amendment attorney Roger Wilcox, “If they went in with a list of titles of movies they have a concern about, they are probably looking more for proof of age than the status of anyone’s compliance with the recordkeeping regulations.”

Adult producers would be well advised to contact their attorneys if they have any questions about their own compliance with §2257, or if they have been contacted by the FBI or any government agency with regard to their products.

“If you are a primary producer or a primary and a ‘secondary’ producer, expect an inspection,” wrote Tom Hymes, media coordinator for the Free Speech Coalition. “If you are in the latter category and are also a member of the Free Speech Coalition, only the primary producer records are subject to inspection.”

“If you are exclusively a ‘secondary’ producer, or both primary and ‘secondary,’ and exempt from ‘secondary’ inspection by virtue of your Free Speech Coalition membership, it is important that you ask your lawyer how to decline the Federal inspection, and notify the FSC office as soon as possible if such an inspection is attempted,” the Coalition advised.

Attorney Jeffrey Douglas, FSC’s board chair, has created a statement which FSC-member companies which are “secondary producer ONLY” – a status that Douglas advises each company to confirm with its own attorney – can present to would-be §2257 inspectors to inform them of the company’s exempt status:

“STATEMENT TO 2257 INSPECTORS

“All businesses operating at this address are ‘secondary producers’ within the meaning of the term in the preliminary injunction in the matter entitled Free Speech Coalition, et al. -vs- Alberto Gonzales, Case No. 05cv1126 -WDM (U.S.D.C., D., Colo). As members of the Free Speech Coalition, the businesses located here are not subject to inspection by any agent of the Department of Justice pursuant to the preliminary injunction issued in that above matter. If there are any questions, please call attorney (NAME OF YOUR LAWYER – PHONE NUMBER).”

Douglas also warns that, “Misinforming a federal official about your status pertaining to 2257 inspections could result in criminal prosecution, so confirm your status with your lawyer.”

Attorneys serving the adult industry were dismayed that with the pending Free Speech lawsuit against the labeling and recordkeeping regulations, that the FBI would attempt to conduct inspections, especially after failing to have conduct even one in the 11 years of the regulations’ existence.

“It would be nice if [the government] could see that the people representing the industry have, for many years, counseled people to take §2257 very seriously,” Wilcox added. “With the signing into law of the amendments to §2257 that’s expected this week [see story on H.R. 4472], the need to get your house in order, if you have any concerns, is more pressing than ever, because of Congress’ attempt to get rid of the Sundance ruling and to allow enforcement of the secondary producer provisions by amending the statute.”

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