FARGO - U. S. Attorney Christopher C. Myers announced that on March 23, 2016, Dewayne William Barth II, 30, Fargo, North Dakota, was sentenced before U. S. District Judge Ralph R Erickson to serve the statutory maximum of 30 years in prison for Production of Child Pornography, Receipt and Distribution of Child Pornography, and Possession of Child Pornography. Judge Erickson also sentenced Barth to lifetime of supervised release and to pay a $300 special assessment to the Crime Victims Fund. Barth is also required to pay $16,000 in restitution.
U.S. Attorney Chris Myers noted, “This cases illustrates the commitment by law enforcement nationwide to work together to identify, target and arrest individuals who abuse children. The sentence handed down in this case is a strong message that protection of children from this reprehensible conduct remains a priority with the US Attorney’s office in North Dakota and all of our law enforcement partners.”
“No prison sentence can restore what was taken from Mr. Barth’s victim,” said acting Special Agent in Charge William Lowder of HSI St. Paul, “but the lengthy sentence imposed on him by the court serves as a warning to those who would seek to abuse the most vulnerable members of our community. HSI will continue to work with our state and local partners to ensure those who prey on children are caught and punished.”
This case came to the attention of law enforcement after Homeland Security Investigation Special Agents arrested an individual for production and possession of child pornography in Gatling, Tennessee. A forensic examination of the computer in Tennessee revealed that the individual was sharing child pornography with multiple persons, including Barth. Specifically, Barth produced and distributed images depicting a 3-year-old child engaged in sexually explicit conduct.
A Special Agent with the Homeland Security Investigations obtained and executed a search warrant for Barth’s email account which revealed that Barth was receiving and distributing child pornography via a yahoo email account from May 2014, continuing through October 2014. Internet Crimes Against Children (ICAC) task force members also executed a search warrant at Barth’s residence where law enforcement recovered multiple electronic devices collectively containing more than 11,000 files of child pornography.
This case was investigated by the Department of Homeland Security - Homeland Security Investigations, the North Dakota Bureau of Criminal Investigations, and the Fargo Police Department.
Assistant U. S. Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorneys’ Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.