Stagliano Attorneys Call Obscenity Prosecution Retaliatory

WASHINGTON — The U.S. government was accused Monday of initiating a prosecutorial strategy against John Stagliano that is "vindictive, retaliatory and improper."

The accusations were made by Stagliano attorneys, who are seeking to have his obscenity case dismissed.

Allan Gelbard, one of Stagliano's attorneys, told XBIZ that the Justice Department's criminal indictment was based in connection with an $11.2 million award Stagliano won against Kaytel Video Distribution.

"We believe strongly that the motive behind the obscenity case is a result of John bringing up copyright infringement claims," Gelbard said.

The Kaytel judgment involved some 64,500 counterfeit adult videos involving about 55 Evil Angel videos.

Stagliano counsel say that a review of discovery materials provided by the government showed that he wasn't even on the government's radar until he filed the Kaytel suit.

His attorneys say he and his companies are being penalized for "actions to protect its intellectual property rights in expression that is protected by the 1st Amendment" and that the "prosecution tramples both the right to free speech and the right to petition the government for redress of valid grievances."

"This case truly sets up a fear for defendants and innumerable others exercising their rights to seek copyright protection by registering their works with the Copyright Office could very well put them in defendant's position — defending against a criminal indictment," attorneys said in a motion made on Monday.

If U.S. District Judge Richard Leon doesn't throw out the case against Stagliano and his companies, his attorneys at least want the court to conduct an evidentiary hearing to determine the true basis of the prosecutors' decision to select Stagliano for prosecution. They also are asking, in the alternative, to determine whether prosecutors engaged in forum shopping, prohibited by the Justice Department's own internal guidelines.

In another motion, Stagliano attorneys have asked Leon to throw out the seventh count of the indictment, which alleges the distribution of obscene materials in a manner, which "may be available to minors."

"The cover page of the indictment clearly, and untruthfully, infers that the works were actually distributed to minors," a motion said. "Such evidence, argument and/or insinuation will be so prejudicial and inflammatory that the jury may be unable to follow and/or may consciously ignore any limiting instruction the court may give on the subject."

His attorneys also have filed a motion to move for a change of venue, if Leon doesn't dismiss all charges.

They point to the obscenity indictment of Barry Goldman, whose trial has been put on hold after the judge in the case moved over to the 3rd U.S. Circuit Court of Appeals. In the Goldman case, the defense claims that the Justice Department broke its own policy of transferring an indictment to another state.

Stagliano attorneys also contend that nearly all their witnesses and documents are based where most adult production studios operate.

"The expense, logistics ... it would be a nightmare," Gelbard said. "It makes more sense to have the trial in California."

Stagliano and his companies — Evil Angel Productions Inc. and John Stagliano Inc. —were indicted on seven counts for illegal possession, distribution and sale of the obscene materials.

FBI agents used the defendants' website to order two films, "Milk Nymphos" and "Storm Squirters 2 'Target Practice.'" An FBI agent in Washington also downloaded a free trailer called "Fetish Fanatic Chapter 5."

Stagliano's trial date is set for July 7.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Amy Nosferatu Leads Latest From TransAngels

Amy Nosferatu stars with Jason Leescott in the latest release from TransAngels, titled "Slit Slut."

Brandi Swan Stars in Latest From Pervz

Brandi Swan stars with Peter Fitzwell in the latest installment of the Pervz series "Shoplyfter."

Lucy Mochi Stars in Latest Form Jules Jordan

Lucy Mochi stars with Lexington Steele in the latest release from Jules Jordan Video.

Rebel Rhyder Fronts Latest From MYLF

Rebel Rhyder stars with Sage Roux in the latest installment of the MYLF series "Anal Mom."

Kimmy Kimm Stars in Latest From Pure Taboo

Kimmy Kimm stars with Mickey Mod in the latest release from Pure Taboo, titled "Won’t Breathe a Word."

Kyaa Chimera, Pixie Smalls Star in Latest Installment of 'Mommy's Girl'

Kyaa Chimera and Pixie Smalls star in the latest installment of the Girlsway series “Mommy’s Girl,” titled “Strap In For A Surprise.”

Dorcel Releases Shalina Devine Showcase 'Shalina's Secrets'

Recently crowned XMA Europe MILF Performer of the Year Shalina Devine stars in a new showcase from Dorcel, "Shalina's Secrets."Directed by Franck Vicomte, the title features Angelika Grays, Liz Ocean, Kristof Cale, Francis X, Alex Romero, and Alex Charger.

Penthouse Names Lilah Anne as November's 'Pet of the Month'

Penthouse Magazine has named Minneapolis content creator and professional modeling newcomer Lilah Anne as Pet of the Month for November.

Amirah Adara Suits Up for the November Cover of X3 Magazine

Hungarian superstar Amirah Adara brings her signature style and spirit to the November issue of X3 Magazine, the publication that takes readers behind the scenes of the lives and passions of top stars.

HotWife XO Makes Her WIFEY Debut

HotWife Xo has made her debut for Vixen Media Group studio imprint WIFEY, alongside her husband Jack Spade and Troy Francisco.

Show More