A federal jury in Lafayette has convicted David Lee Fail, 43, a former resident of Abbeville, on charges of transportation and possession of child pornography. The announcement was made by Acting United States Attorney Alexander C. Van Hook.
Court proceedings revealed that in 2021, while living in Abbeville, Fail uploaded pornographic images involving prepubescent children to a cloud-based storage platform. The investigation began after the National Center for Missing and Exploited Children (NCMEC) received a cybertip in December 2021 indicating that child sexual abuse material had been uploaded using a specific IP address.
Law enforcement officials from the Louisiana Bureau of Investigation and Homeland Security Investigations (HSI), part of the U.S. Department of Homeland Security, led the inquiry. Authorities discovered that Fail had two prior convictions related to child exploitation offenses.
Further investigation determined that the online storage account used for uploading illicit material was registered under Fail’s name in Abbeville but had recently been disabled. After disabling the account, Fail moved from Abbeville to the Denver, Colorado area. Agents executed search warrants on his accounts and found over 150 images containing child sexual abuse material, many depicting prepubescent females with adult males.
Fail faces up to 40 years in prison for transporting child pornography and up to 20 years for possession of child pornography. He may also be fined up to $250,000. Sentencing is set for December 9, 2025.
The case was investigated by the Louisiana Bureau of Investigation and HSI and prosecuted by Assistant United States Attorneys Craig R. Bordelon and J. Luke Walker.
Child sexual abuse material documents victims’ exploitation and causes ongoing harm each time such images are viewed or shared. In 2023 alone, NCMEC received approximately 36 million reports concerning possession, manufacture, or distribution of these materials (https://report.cybertip.org). Individuals can report incidents involving such content through NCMEC’s website or by calling their hotline at 1-800-843-5678.
