Billings, Montana- Two men suspected of making more than $400,000 running a catalog business to sell and ship obscene videotapes from Lavina to customers throughout the country face numerous federal charges.
The videotapes included the titles “Anything Goes,” “Rape and Sodomize” and “Physically Raped,” court records said.
Thomas W. Lambert, 64, of Lavina, pleaded not guilty Thursday in U.S. District Court to a nine-count indictment.
Co-defendant Sanford Wasserman, 64, of Lauderhill, Fla., is to appear for arraignment in Billings on April 15. Federal defender Robin Hammond asked for a continuance of a March 25 appearance, saying in court records that Wasserman works for a Florida theater company and is needed for a production that will last through early April.
The two are charged with one conspiracy count, six counts of transportation of obscene material, one money-laundering count and a forfeiture count.
The maximum potential sentence if convicted is 20 years in prison and a $500,000 fine for money laundering, and up to five years in prison and a $250,000 fine for the conspiracy and transportation charges.
The case is the second obscenity case charged in a week in Montana. On March 23, Gary A. Robinson, 62, of Billings, pleaded guilty at his arraignment to charges of transporting obscene materials in October 2002. He also admitted a forfeiture count. Robinson was accused of running a mail-order catalog business in which he copied, sold and distributed obscene videotapes using United Parcel Service.
Robinson’s videotapes, which had titles like “Ride’um Cowgirl’ and “Dogs and Horses and Pigs and Chickens,” contained graphic scenes involving bestiality and other sexual activity that involved excretory functions, prosecutors said. Robinson was released until sentencing.
The Robinson case was the first federal obscenity prosecution in Montana. U.S. Attorney Bill Mercer said both cases were the result of an investigation by the U.S. Postal Inspection Service.
Material found to be obscene is not protected by the First Amendment guarantee of free speech. The Supreme Court in 1973 ruled that to be obscene, material must appeal to “prurient interests,” be “patently offensive” and lack serious literary, artistic, political or scientific value. The court said obscene material should be determine by local standards. Ultimately, the local standards in the criminal case would be determined by a jury.
According to the indictment, Lambert and Wasserman formed and operated a business from October 1998 until December 2002 in Lavina. The pair used a variety of business names including Pet Tec, the PT Company, Digital Technology, New Technology, Brightstar, LeMons, Mount Venus and Princeton, and mailed catalogs advertising obscene videotapes.
Lambert and Wasserman took orders, duplicated videotapes and distributed them using Federal Express to customers throughout the United States, the indictment said. Customers paid in cash, checks and money orders.
Some of the money orders and cashier’s checks accepted by Lambert and Wasserman were sent by the U.S. Postal Inspection Service, the indictment said.
Lambert and Wasserman deposited proceeds from videotape sales into accounts at a Billings bank and a credit union.
If convicted, Lambert and Wasserman would be required to forfeit all obscene material and property derived from the profits of the illegal enterprise. The indictment said the proceeds include $410,580, the land and buildings at 946 Dean Creek Road, which is Lambert’s residence, and a Subaru Forester.
U.S. Magistrate Richard Anderson released Lambert without bond until trial. The case will be heard by U.S. District Judge Richard Cebull.