MONTREAL—According to a filing by the U.S. Attorney's Office for the Eastern District of New York, Pornhub parent company Aylo has retained Henein Hutchinson Robitaille LLP of Toronto to oversee the monitorship mandated in the company's deferred prosecution agreement (DPA) reached between its counsel and prosecutors.
The letter was transmitted by email to U.S. District Judge Brian M. Cogan, noting the Justice Department approved of the appointment of attorneys Scott Hutchinson and Danielle Robitaille of the prestigious white shoe law firm bearing their names.
"Aylo Holdings S.à.r.l. [has] formally retained Scott Hutchinson and Danielle Robitaille of Henein Hutchinson Robitaille LLP to serve as independent compliance monitors in this case," reads the letter that was signed by U.S. Attorney Breon Peace and his assistant federal prosecutors.
"Accordingly, the three-year term of the deferred prosecution agreement begins as of today," the letter continues, noting the DPA now enters force.
AVN reported that Aylo and the Justice Department reached a deferred prosecution agreement to resolve a 30-month criminal investigation. The investigation involved a charge that Aylo profited from sex trafficking by hosting videos produced by the disgraced studio GirlsDoPorn.
U.S. Attorney Peace, along with James Smith, assistant director-in-charge of the New York Field Office for the Federal Bureau of Investigation (FBI), explained in a press release in December 2023 that the DPA “holds the parent company of Pornhub.com accountable for its role in hosting videos and accepting payments from criminal actors who coerced young women into engaging in sexual acts on videos that were posted without their consent.”
With the DPA, Aylo is not pleading guilty to any crime, and the government will dismiss its charge against the company after three years, subject to the court’s approval of the agreement and the company’s continued compliance with it.
An independent monitor will ensure that Aylo and its properties will comply with the agreement. The duties and scope of the independent monitor are outlined in the 76-page DPA released by the Department of Justice.
Aylo was also ordered to pay more than $1.8 million to the U.S. government for restitution and to settle lawsuits filed against the company related to the case. Aylo announced the deferred prosecution agreement last November, with its compliance executives expressing "deep regret" for hosting the videos produced by the GirlsDoPorn sex trafficking ring led by Michael Pratt and associates.
Pratt was captured in Spain and extradited to the United States. He was arraigned in a San Diego federal district court in March 2024 and pleaded not guilty to the 19-count indictment against him. The charges include sex trafficking, the production of child pornography, and money laundering.
At one point, Pratt was named to the FBI's Ten Most Wanted list alongside serial killers, terrorists, drug traffickers, and high-level fraudsters.
