He must surrender to the U.S. Marshals Service on June 28 under U.S. District Judge Rodney Smith's order. The court recommended that Silverstone be placed in a Florida prison with a residential drug abuse program.
Original story is below:
Parents' worst holiday nightmare has come true in the wake of the arrest of a South Florida volunteer Santa Claus.
James Silverstone, who used to dress up as jolly Saint Nick to lead the Town of Lauderdale-by-the-Sea’s annual Christmas celebration, was charged with possessing more than 1,500 child pornography files. The former town commissioner and fire chief was recently indicted in federal court after state prosecutors handed off the case to the feds.
Photos archived on the town's official Facebook page depict Silverstone decked out head to toe in Santa garb, posing with smiling families and children, some of whom are seated on his lap. The occasion: the 2016 edition of the small beachside municipality's annual Christmas-by-the-Sea event.
In July 2023, the Broward Sheriff's Office arrested Silverstone on multiple charges of transmitting child pornography. During their investigation, police say, they uncovered 93,900 deleted files from Silverstone's hard drives, and a partial review of the data revealed more than 1,500 files containing child porn images and videos.
The Broward State Attorney's Office later turned over the case to federal prosecutors, and on September 28, Silverstone was indicted on federal charges in the Southern District of Florida. State attorney's office spokesperson Paula McMahon tells New Times prosecutors and police made a routine decision that the matter would best be handled in federal court.
"This happens frequently. We work very closely with our law enforcement partners to ensure that cases are handled in the most appropriate jurisdiction and to use resources in the most appropriate way," McMahon explains in an email.
Lauderdale-by-the-Sea’s Christmas celebration during Silverstone’s run as the town’s Santa Claus included vendor booths, live performances, and family activities. In 2016, a nook decorated with ribbon-tied gift boxes and a glowing Christmas tree was set up for Silverstone to pose with kids.
James Silverstone, recently indicted on child porn charges, was the volunteer Santa for Lauderdale-by-the-Sea's 2016 Christmas celebration, according to the town.
Photo by Town of Lauderdale-by-the-Sea
"It's a wonderful night for the entire family, with holiday music, dancing, and entertainment in the midst of a festive and expanded Yuletide market – and of course, Santa!" the town’s promotional post for the event said.
The town clerk confirmed to New Times last week that Silverstone was the volunteer Santa during the 2016 Christmas-by-the-Sea event. A town spokesperson declined to comment on the criminal case.
In May 2023, law enforcement zeroed in on Silverstone after his home was tied to an IP address that shared 217 images and videos of child pornography via the peer-to-peer file-sharing app BitTorrent, according to the federal complaint. He allegedly distributed 39 additional files that were deemed to have "involved the sexually explicit depiction of children" but did not meet the feds' definition of child pornography.
During a police interview, Silverstone allegedly told investigators he uses BitTorrent for "searching and downloading all types of files to include movies of all sorts." He claimed he was unable to distinguish between small children and adults on the internet, though when presented with the images he allegedly downloaded, he showed disgust and identified them as juveniles, according to the complaint.
The complaint claims Silverstone admitted to using the search term "PTHC" (shorthand for "preteen hardcore") to find files. Some of the files he allegedly downloaded depicted sexual activity with infants.
If convicted, Silverstone faces up to 20 years in prison.
The former Lauderdale-by-the-Sea Santa worked as the town's volunteer fire chief from 2005 to 2007 and served as commissioner from 2006 to 2010.
