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

Ariel Demure, Maisey Monroe Star in 4th Installment of 'Ripped for Their Pleasure' From Gender X

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Maisey Monroe in the fourth installment of "Ripped for Their Pleasure," the latest title from Gender X Films.

Delilah Raige Makes Her Brazzers Debut

Delilah Raige has made her debut for Brazzers alongside Ricky Johnson in "Raige Hits The Stage."

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Bellesa to Drop New Installments of 'Euro House'

Bellesa will release new episodes of its series "Euro House" after a three-year hiatus.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Anissa Kate, Koda Monroe Front Latest From Brazzers

Anissa Kate and Koda Monroe star with Jimmy Bud in the latest release from Brazzers, titled "Messy Massage, Amazing Anal."

Lucy Mochi Stars in 2nd Installment of 'Thoughtless Wishes/ From Digital Playground

Lucy Mochi stars with Peter Fox in the second installment of "Thoughtless Wishes," the latest release from Digital Playground.

Private Drops Latest Volume of 'Four-Hand Massage'

Private has released the fourth volume of "Four-Hand Massage," directed by Raul Lora.

Yasmina Khan Makes Her WIFEY Debut

Yasmina Khan has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Brady Bud and reigning XMA Europe Male Performer of the Year Dimitri Shadow in the latest installment of the series "WIFEY Vacay."

Show More