Crimes against Children 7-25-12

Omaha, NE
Three persons facing charges related to child exploitation and prostitution pled guilty in the last week in federal court in Sioux City.

Michael Malcom, age 56, from Humboldt, Iowa, was convicted of one count of sexual exploitation of children. Ashley Prince, age 22, from Fort Dodge, Iowa, was convicted of one count of aiding and abetting the possession of child pornography. Nikki Fawcett, age 24, from Fort Dodge, was convicted of one count of interstate transportation of another with intent to engage in criminal sexual activity.

At his plea hearing on July 24, Malcom admitted that, between 2008 and 2010, he employed, used, persuaded, induced, or enticed minors under the age of 18 to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. At her plea hearing on July 19, Prince admitted that, between 2009 and 2010, she aided and abetted Malcom in knowingly possessing visual depictions of minors engaged in sexually explicit conduct. At her plea hearing on July 23, Fawcett admitted that, between 2007 and 2009, she transported one or more persons across a state line, with the intent that such person or persons engage in prostitution.

Albuquerque, NM
This morning in federal court, Antonio Gallegos, 47, of Albuquerque, pled guilty to distribution and attempted distribution of child pornography under a plea agreement with the U.S. Attorney’s Office. At sentencing, Gallegos faces a maximum penalty of at least five years, but not more than 20 years of imprisonment, to be followed by up to a lifetime of supervised release. Gallegos also will be required to register as a sex offender. Gallegos has been in custody since his arrest on April 30, 2012, and will remain detained pending his sentencing hearing, which has not yet been scheduled.

Gallegos initially was arrested on a criminal complaint charging him with distribution, receipt, and possession of child pornography. On May 23, 2012, Gallegos was indicted and charged with one count of distribution and attempted distribution of child pornography; three counts of receipt of child pornography; and one count of possession of child pornography. During this morning’s hearing, Gallegos entered a guilty plea to count one of the indictment charging him with distribution and attempted distribution of child pornography.

In his plea agreement, Gallegos admitted that from August 6, 2011 through March 6, 2012, he knowingly distributed and attempted to distribute child pornography through a peer-to-peer filing sharing program. Gallegos acknowledged that investigators with the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a search warrant at his residence on March 6, 2012, and seized computers and computer-related media containing child pornography. The search warrant was based on a New Mexico State Police (NMSP) investigation that began in September 2011 and monitored Internet Protocol (IP) addresses that appeared to be used to distribute, receive, and possess child pornography. IP addresses that were subscribed to Gallegos at his residence on the west side of Albuquerque were among the IP addresses identified by the investigation.

Jacksonville, FL
United States District Judge Timothy J. Corrigan sentenced Brandon Meredith Hardy (21, Valdosta) today to 10 years in federal prison and a 15-year term of supervised release for using the Internet to attempt to entice a minor to engage in illegal sexual activity. Hardy was also ordered to register as a sex offender and forfeit his computer media. In March 2012, Hardy was found guilty after a jury trial. At the time of the offense, Hardy was an airman and security officer in the United States Air Force and was stationed at Moody Air Force Base in Valdosta, Georgia.

According to testimony and evidence introduced during trial, from April 23, 2011 through April 28, 2011, Hardy engaged in a series of online conversations with a person whom he believed to be a 12-year-old child. Unbeknownst to Hardy, this “child” was actually an undercover officer with the Florida Attorney General’s Child Predator Cybercrime Unit. During the course of the online conversations, Hardy attempted to entice and persuade the “child” to engage in sexual activity and arranged to meet the “child.” On April 28, 2011, Hardy drove his vehicle from his duty station at Moody Air Force Base to a residence in St. Augustine, Florida, to meet the “child” for the purpose of engaging in sex. Immediately after Hardy rang the doorbell at the residence, he was arrested by deputies with the St. Johns County Sheriff’s Office. A search of Hardy’s vehicle revealed, among other things, a laptop computer containing a photograph depicting child pornography and a bottle of personal lubricant.

Albuquerque, NM
This morning, Duane Chavez, 27, of Los Lunas, New Mexico, entered a guilty plea to an information charging him with access with intent to view a visual depiction of a minor engaged in sexually explicit conduct under a plea agreement with the U.S. Attorney’s Office, announced U.S. Attorney Kenneth J. Gonzales.

Under the terms of the plea agreement, Chavez will be sentenced to 36 months of imprisonment, to be followed by a term of supervised release to be determined by the sentencing judge. The plea agreement also requires that Chavez register as a sex offender after he completes his prison sentence. Chavez was remanded into the custody of the U.S. Marshal’s Service after entering his guilty plea. He will remain detained pending his sentencing hearing, which has yet to be scheduled.

The information to which Chavez pleaded guilty charged Chavez with knowingly accessing child pornography with the intention of viewing it between January 2011 and March 7, 2012, in Valencia County. At the time of the offense, Chavez was employed as a prison transport officer by the New Mexico Corrections Department.

According to the plea agreement, in January 2012, the New Mexico State Police (NMSP) began an undercover investigation aimed at identifying those who possess, receive, and distribute child pornography. After the investigation revealed that an IP address subscribed to Chavez’s residence was participating in the distribution of child pornography, investigators with the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a search warrant at Chavez’s residence on March 7, 2012, and seized a computer and computer-related media.

Camden, NJ
Special agents of the FBI arrested a former Pennsville, New Jersey Police officer this morning for allegedly impeding and obstructing the FBI’s investigation of his alleged possession of child pornography, U.S. Attorney Paul J. Fishman announced.

Robert Waterman, 31, of Wrightstown, New Jersey, is charging by Indictment with one count of obstruction of justice. He is scheduled to appear this afternoon before U.S. Magistrate Judge Joel Schneider in Camden federal court.

On March 4, 2010, the FBI began a criminal investigation of Waterman—then a police officer with the Pennsville, New Jersey Police Department—concerning his alleged possession of child pornography. FBI special agents interviewed Waterman that day, advising him of the nature of the investigation. Waterman then destroyed a computer hard drive with the intent to impede and obstruct the FBI’s investigation.

New York, NY
A complaint was unsealed this morning in federal court in Brooklyn charging Andrew Goodman with transporting a minor in interstate commerce to engage in sexual activity. Goodman’s initial appearance is scheduled later today before United States Magistrate Judge Cheryl L. Pollak, at the U.S. Courthouse, 225 Cadman Plaza East in Brooklyn, New York.

As alleged in the complaint, in February 2010, Goodman traveled with the then 15-year-old victim to Atlantic City, New Jersey. While there, Goodman sexually abused the victim in a hotel room.
“The prevention of sexual exploitation of children is a priority of this office,” stated United States Attorney Lynch. “Those who would take advantage of children are on notice that they will be prosecuted to the full extent of the law.” Ms. Lynch extended her grateful appreciation to District Attorney Charles J. Hynes and the Kings County District Attorney’s Office for their assistance in this case.