Man Convicted of Producing Child Pornography and Transportation of A Minor Across States lines
United States Attorney James L. Santelle announced that David P. Foley (age: 51) formerly of Whitefish Bay, WI was convicted yesterday following a four-day jury trial for a six-count indictment, including one count of distribution of child pornography, three counts of production of child pornography, one count of possession of child pornography, and one count of transporting a minor across state lines to engage in a sex act. Foley faces a mandatory minimum sentence of at least 15 years in federal prison with a maximum exposure of 160 years. Sentencing is set for February 15, 2013 before Hon. J.P. Stadtmueller, United States District Judge.
In August 2010, Fox 6 News in Milwaukee received an anonymous package containing a DVD with numerous images of child pornography and a typed letter indicating the DVD was found in a dumpster behind a business in Whitefish Bay. Fox 6 turned this information over to the Wisconsin Department of Justice, Division of Criminal Investigation (DCI) who conducted the investigation.
Evidence presented at trial showed that Foley had attempted to frame his landlord for these crimes. DCI was able to determine that the child pornography images had been “burned” or copied to the disc on August 10, 2010, just a few days before its delivery to the TV station. In December of 2010, Foley claimed that he found a Toshiba laptop computer bag behind the barbershop near where his landlord’s car was parked. Foley told people that the laptop contained child pornography and it was turned over to authorities. The investigation revealed that Foley purchased the computer off of Craig’s list. The child pornography was first uploaded to the Toshiba laptop on November 21, 2010.
A search warrant was obtained for Foley’s apartment to seize his computers. A forensic examination of Foley’s computers revealed that Foley had placed the images of child pornography on the disc mailed to the news station and also on the Toshiba laptop. All of this was done in an attempt by Foley to set up his landlord and have him arrested for possession of child pornography.
Before the DVD was received at the TV station, Foley told individuals that his landlord was “going to be in trouble,” and that they should “watch the news.” In the months leading up to the receipt of the DVD, numerous persons acquainted with Foley heard him complain bitterly about his landlord, who Foley accused of harassing him and interfering with the operation of the Sport N Cuts business.
Foley’s computers also revealed that he had sexually molested a 14-year old boy and had video taped the molestation on 3 separate occasions. When the child in these videos was identified, DCI discovered that Foley had taken the boy to a hotel near the Mall of America in March, 2011, where he sexually molested the boy.
This case was prosecuted in federal court as part of “Project Safe Childhood,” the Department of Justice’s nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children using the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
According to United States Attorney James L. Santelle, “the protection of our nation’s children is a top priority of the Department of Justice, and prosecutions such as this further this priority.” Santelle also praised the work of the Wisconsin Department of Justice, Division of Criminal Investigation, Internet Crimes Against Children.
The case was prosecuted by Assistant United States Attorneys Penelope L. Coblentz and Carol L. Kraft.