Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

You are here

Justice News

Department of Justice
U.S. Attorney’s Office
Northern District of Florida

Tuesday, July 17, 2018

Child Pornographer Sentenced to 27 Years in Federal Prison after Pensacola Jury Convicts

PENSACOLA, FLORIDA – Nicholas E. Fogarty, 36, of Palm Beach Gardens, Florida, was sentenced to 27 years in federal prison today, after being convicted on March 13 of advertisement of child pornography and distribution of child pornography.  Fogarty will also be required to register as a sex offender.  The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.

During the day and a half jury trial, the government presented evidence that, beginning in June 2017, an undercover investigator in Pensacola, posing as a minor female on the social media platform Kik, identified Fogarty, who had created the Kik group “Tweenteenlove,” a group that shared child pornography online.  During the investigation, Fogarty instructed others to find and bring young girls to the online group.  Fogarty communicated with the undercover agent online, including providing direction to the dark web, which is a hidden Internet where child pornography can be found.  Upon Fogarty’s arrest in southern Florida, a search of his electronic devices revealed child pornography and a search browser for the dark web.  In all, between 4,000 and 5,000 images and videos of child pornography were captured from Fogarty during this investigation.  Fogarty has a prior child pornography related conviction in 2014 out of Palm Beach County, Florida.

“Our innocent children trust us to keep them safe and are often unaware of the dangers lurking online,” said U.S. Attorney Canova.  “This sentence is a reminder to child predators who believe they are anonymous and beyond the reach of our prosecutors and law enforcement professionals: we will pursue you and bring you to justice.”

“This predator hid behind the anonymity of the dark web and social media applications to advertise and distribute child pornography,” said HSI Tampa Special Agent in Charge James C. Spero.  “This case underscores the important work of the North Florida Internet Crimes Against Children Task Force, and HSI is proud to be part of such an effective team.”

The case was investigated by the United States Immigration and Customs Enforcement Homeland Security Investigations, the Air Force Office of Special Investigations, the Boynton Beach Police Department, and the North Florida Internet Crimes Against Children Task Force.  The case was prosecuted by Assistant United States Attorney David L. Goldberg.

The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General.  To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website.  For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Project Safe Childhood
For more information, contact: Amy Alexander, Public Information Officer amy.alexander@usdoj.gov
Updated July 17, 2018