MIAMI — The Justice Department has asked a federal court to beef up sentencing for Bryan Deneumostier, the operator of the defunct website StraightBoyz.net who pleaded guilty in September to two federal counts of illegal interception of oral communications.
In court papers filed on Friday, federal prosecutors said that Deneumostier’s “egregious behavior” over several years is reason enough to depart upwards with sentencing guidelines.
The Justice Department is seeking 96 months, or eight years, imprisonment for Deneumostier.
In the case outlined by the government, Deneumostier offered videos on the site of straight men, mostly procured through Craigslist, being conned into accepting sex acts — all while blindfolded or wearing blacked-out goggles. He cross dressed and pretended to be a woman offering anonymous sex and even reassured apprehensive men that there would be no cameras involved. He was known by the screen name “susanleon33326.”
Deneumostier’s guilty plea in September was part of a deal with prosecutors, who agreed to dismiss three counts of violating 18 U.S.C. § 2257, the record-keeping statute for adult producers. He was arrested in July and has been held in custody since then.
StraightBoyz, a $35-a-month membership site that offered an affiliate program, streamed approximately 619 “hook up” videos that depicted sexual activity between Deneumostier and other men.
Deneumostier admitted that he recorded himself using Apple iPhones and iPads engaging in sex with about 150 men that were featured on his website and that about 80 of those did not know that he was recording them.
During a search of his home, Deneumostier provided about 30 consent forms from men agreeing to have their shoot posted online — far short of the 619 videos posted.
The indictment and plea agreement refer to three known victims whose identities are being withheld to protect their privacy. The victims had sex with Deneumostier at his home in Homestead, Fla.
Deneumostier, who is represented in the case by a federal public defender, told prosecutors that while he operated the site, he had done so on behalf of a Spain-based outfit, which paid him $3,000 a month.
The Justice Department, in a sentencing memorandum and motion for upward variance or departure, included victim statements and impact of five victims and stressed that it objected to a pre-sentencing report that omitted “vulnerable victim enhancement.”
In explaining its case for an upwards variance for sentencing, “First, the defendant admitted that at least 80 men did not know they were being videotaped and later broadcast on the internet — given that 619 videos were posted on the website this is a conservative number at best.”
“However, even taking defendant at his word, the years’ long endeavor to record 80 individuals without their knowledge and consent, and post their pornographic videos on the internet for the public at large would cause the substantial psychological harm or emotional trauma …,” the Justice Department said. “In fact, [one] victim told law enforcement he considered suicide when he learned about his videos being posted onto the internet.
“Second, [the Department of Homeland Security] seized defendant’s hard drives pursuant to a search warrant. The defendant kept videos from 2012 showing himself having sex with two unconscious individuals.
“Third, [the Department of Homeland Security] has identified two separate 16-year-old minors who had sex or oral sex with defendant, as minors. Importantly, for one victim the defendant has been charged with statutory rape by the State Attorney’s Office. When law enforcement found the victim and defendant alone in the hotel, the victim was unable to stand and was taken to a local hospital.
“Fourth, as to at least two victims … the defendant got into fights with them and threatened to post their naked videos onto their Facebook pages for all of their Facebook followers to see.
“The behavior is indicative that defendant knew the power he held over his victims once he could intimidate them with videos of the unauthorized recordings.”
A federal judge will determine Deneumostier’s sentencing on Monday, Dec. 3.
Pictured: Bryan Deneumostier in booking photo
