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Justice News

Department of Justice
U.S. Attorney’s Office
District of Delaware

Wednesday, August 28, 2013

Former Bank Vice President Charged With Attempted Online Enticement Of A Minor

Charles M. Oberly, III, United States Attorney for the District of Delaware, announced that Kirk A. Simmons, age 59, of Newark, Delaware, was arrested earlier today and charged by criminal complaint with attempted coercion and enticement of a minor, in violation of Title 18, United States Code, Section 2422(b).  This federal criminal charge results from an online sting operation conducted in June and July 2013 by an undercover Delaware State Police detective posing as a father who posted an online advertisement seeking other men to join him for sex with his 13-year-old daughter. 

At the time of the sting operation, Simmons was employed as a Vice President, Market Information Manager II at Bank of America’s Newark, Delaware facility.  Bank of America terminated Simmons’s employment following notification of his alleged conduct.  According to his LinkedIn profile, Simmons also currently works as a “Professional private tutor” through WyzAnt Tutoring, “providing private in-home tutoring at the high school and college levels.”         

If convicted of the charges, Simmons faces a mandatory minimum sentence of at least ten years of imprisonment and up to life in prison, a fine of up to $250,000, and a term of supervised release of at least five years to life following his prison sentence.  He also will be required to register as a sex offender in any jurisdiction in which he resides, works or attends school. 

Simmons began his online relationship with the undercover “father” in June 2013, when Simmons responded to a “personals” advertisement for “fam love/taboo” on an adult social networking website.  Through online chats, Simmons indicated and graphically described that he wanted to engage in sexual activity with the purported “father” and his child.  After a number of online conversations, the “father” agreed to bring his “13-year-old daughter” to a Newark hotel on July 18, 2013, where Simmons would meet them for sexual activity.

Simmons was arrested by the Delaware State Police Child Predator Task Force on July 18, 2013, after he arrived at a Newark hotel to engage in sex acts with the fictitious “father” and “13-year-old daughter.”  Shortly before that meeting, Simmons was under surveillance by Delaware State Police and was observed driving directly from his workplace to the hotel.  In a recorded interview with a Delaware State Police detective, Simmons admitted that he intended to engage in sexual activity with the fictitious “father” and “13-year-old daughter” at the hotel.  Simmons also admitted that he brought a digital camera with him to photograph the sexual activity.

Simmons was released from state custody after posting bail in July 2013 on a state charge of Attempted Rape Third Degree of a Minor filed in Delaware Superior Court.  The Delaware Child Predator Task Force thereafter referred the case to the United States Department of Homeland Security and the United States Attorney’s Office for possible federal prosecution.  The state charge remains pending.   

 Simmons will remain in federal custody pending a detention hearing scheduled for Tuesday, September 3, 2013, at 8:30 a.m., before Chief United States Magistrate Judge Mary Pat Thynge.  At that hearing, the court will determine whether to detain Simmons or to release him on bail conditions pending trial. 

Any person possessing information about this matter are encouraged to contact the United States Department of Homeland Security’s Tip Line at 302-428-0104, extension 3.
Updated July 14, 2015