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Date: 05-04-2021

Case Style:

United States of America v. Benjamin Swain

Case Number: 3:18-cr-00181-MOC-DCK

Judge: Max O. Cogburn

Court: United States District Court for the Western District of North Carolina (Mecklenburg County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:

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Description: Charlotte, North Carolina criminal defense lawyer represented defendant charged with sexual exploitation of a minor.

Benjamin Swain, 47, of Charlotte, was charged of sexual exploitation of a minor.

According to plea documents and statements made in court, Swain was a tennis coach in the greater Charlotte area. As Swain previously admitted in court, beginning in at least 2016, and on at least two different occasions, Swain secretly recorded three minors while they were undressing and showering. On December 9, 2019, Swain pleaded guilty to sexual exploitation of a minor. Swain was previously sentenced to 12 years in prison, after pleading guilty to Child Molestation and Enticing a Child for Indecent Purposes in an unrelated case prosecuted by the state of Georgia.

In announcing Swain’s sentence, Judge Cogburn said that the sentence should deter other coaches and people who serve in similar positions from committing similar crimes.

Swain is currently in federal custody. He will be ordered to report to the federal Bureau of Prisons upon designation of a federal facility. Swain, who is a British citizen, will also be subject to deportation proceedings upon completion of his federal sentence. If Swain is not deported, or later returns to the United States, he was ordered by Judge Cogburn to serve a lifetime of supervised release and to register as a sex offender.

Acting U.S. Attorney Stetzer thanked the FBI, CMPD, and the Bibb County Sheriff’s Office in Georgia for their investigation of the case.

Assistant United States Attorney Cortney Randall of the U.S. Attorney’s Office in Charlotte prosecuted the case.


Outcome: Defendant was sentenced to 25 years in prison.

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