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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

Thursday, February 15, 2018

Lafayette, New York Man Pleads Guilty To Child Pornography Charge

CONTACT:   Barbara Burns
PHONE:        (716) 843-5817
FAX #:           (716) 551-3051

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Donald J. Gardner, Jr., 42, of Lafayette, NY, pleaded guilty, before U.S. District Chief Judge Frank P. Geraci, Jr., to possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Mary Catherine Baumgarten who is handling the case, stated that in late January, 2014 to early February, 2014, Gardner, pretending to be a 10 to 12 year old boy, used his Facebook account to solicit child pornography images from three  ten year old girls in the Town of Niagara, New York.  Knowing that the girls were 10 years old, Gardner directed them to create and send him child pornography images.  One of the 10 year old girls did send Gardner child pornography images via Facebook. Gardner possessed the child pornography images from early February, 2014 through May 7, 2014.

The plea is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the Direction of Acting Special Agent in Charge Kevin P. Lyons and the Niagara County Sheriff’s Department, under the direction of Sheriff James R. Voutour.

Sentencing is scheduled for May 3, 2018, at 11:30 a.m. in Buffalo before Judge Geraci.

Updated February 15, 2018