In early 2006 the operators of the child modeling agencies "A Little Agency" and "The VMS", (Matthew Duhamel) were arrested on charges of child pornography. Neither A Little Agency nor the VMS distributed nude photographs, but federal prosecutors argued that they still contained "lascivious exhibitions" of the genitalia based on the six-part Dost test. Federal prosecutors claimed the Web sites dealt in images of girls as young as 9 wearing scant clothing in suggestive poses. One photo reportedly shows a 9-year-old girl in "black stiletto pumps, a black lace thong, black bra, and a black jacket" sitting on a dining room table, according to court records. The operators were indicted on transportation of child pornography, possession of child pornography and receipt of child pornography. Attorneys filed a motion to dismiss the charges against them arguing that the pictures of young girls in suggestive poses on the websites they operated did not rise to the level of pornography. However, the judge assigned to the case, Chief Judge Campbell, denied the motion to dismiss, noting that the U.S. Supreme Court has determined fully clothed pictures can be considered pornographic.