BOSTON – Brian Ashley, 38, pleaded guilty to one count of distribution and one count of possession of child pornography. U.S. District Court Judge George A. O’Toole, Jr. scheduled sentencing for June 19, 2017.
In February 2016, federal agents in Montana executed a search warrant at the home of an individual who had been sending and receiving images of child pornography. During the search, the individual was interviewed and agreed to allow agents to assume his online identities – including his Kik Messenger account. Kik Messenger is an online service that allows users to send messages, pictures and videos.
On Feb. 23, 2016, law enforcement initiated an undercover operation on Kik by sending out a message to the Montana individual’s contact list. An individual using the Kik username “orcusvox,” with the display name Brian Ashley, responded and a conversation ensued during which orcusvox asked whether the Montana individual had “anything new?” The undercover agent told orcusvox that he had lost everything and had to start over. The Kik user orcusvox then sent the undercover agent several images of child erotica and child pornography. On March 1, 2016, the Kik user orcusvox sent the undercover agent three video files also containing child pornography.
Agents obtained customer account and IP login information for the Kik user orcusvox and confirmed that the account was registered to Brian Ashley. It was also determined that the account had been accessed on the dates of the transfers from Ashley’s Billerica home as well as from his place of employment. Investigators subsequently obtained a search warrant for Ashley’s home, which resulted in seizure of his cell phone. Forensic review of phone revealed that Ashely had exchanged child pornography with other Kik users as well. In total, 246 images and 77 videos containing child pornography were found on Ashely’s cell phone.
The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorneys Jordi de Llano and Anne Paruti of Weinreb’s Criminal Division are prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.