Annandale Man Accused In Child Exploitation Enterprise Faces Plea Hearing

ALEXANDRIA, VA — An Annandale man accused by federal authorities of helping administer an encrypted online network used to distribute child sexual abuse material is scheduled to appear in federal court Wednesday for a pre-indictment plea hearing.

Omar Garcia Bustamante, 32, is scheduled to appear at 10:30 a.m. Wednesday before U.S. District Judge Leonie M. Brinkema in Alexandria, according to a court docket. The hearing was added to the case Tuesday. Bustamante remains in federal custody.

The development comes nearly two months after federal authorities arrested Bustamante on a criminal complaint charging him with engaging in a child exploitation enterprise. He previously faced more than 30 felony cases in Fairfax County related to the alleged possession and distribution of child pornography before the federal case was filed, according to previous Patch reporting.

Plea Hearing Set Before Indictment Deadline

Court records show Brinkema granted a joint request from prosecutors and Bustamante's defense in August to extend the deadline for obtaining an indictment through Friday, Sept. 25. The judge found that the reasons supporting the extension outweighed the interests of the public and defendant in a speedy trial.

The docket does not identify what plea Bustamante intends to enter or disclose the terms of any possible plea agreement.

RELATED: NoVA Man Helped Run Child Exploitation Network: FBI

Bustamante waived his preliminary hearing and a detention hearing July 31, when the case was continued for further proceedings before a grand jury. He was ordered to remain in the custody of the U.S. Marshals Service.

Federal prosecutors initially accused Bustamante of participating in a child exploitation enterprise between at least Jan. 28 and April 21.

According to an FBI affidavit previously reviewed by Patch, the investigation began after Dropbox submitted a CyberTip to the National Center for Missing and Exploited Children concerning suspected child sexual abuse material uploaded to an account investigators linked to Bustamante.

Investigators traced the account to an Annandale residence, and Fairfax County police searched the home April 22. Authorities alleged Bustamante acknowledged obtaining child sexual abuse material through Telegram groups and distributing material to other users.

The FBI later alleged that evidence recovered from Bustamante's phone linked him to a private SimpleX Chat group with about 50 participants. Investigators identified Bustamante as one of six administrators and alleged that group administrators encouraged members to recruit others and share child sexual abuse material.

The federal criminal case was formally opened Monday in U.S. District Court for the Eastern District of Virginia. The docket continues to list the complaint alleging a child exploitation enterprise but does not list any pending indictment counts. busta.

A criminal complaint contains allegations only. Bustamante has not been convicted of the federal charge.