Earlier today, at the federal courthouse in Central Islip,
Fernando Clarke, a former investigator with the New York City Department of
Correction, was sentenced by United States District Judge Arthur D. Spatt to 10
years’ imprisonment, following his March 2018 jury trial conviction on seven
counts of transportation, receipt and possession of child pornography. Clarke was also sentenced to pay a $13,682.43
fine, a special assessment of $5,600 and five years’ supervised release to follow
his prison sentence, during which time he must register as a sex offender and
will not be allowed unsupervised contact with minors. A restitution request from one of the victims
depicted in child pornography images Clarke collected will be determined by the
Court on or before June 1, 2018.
Richard P. Donoghue, United States Attorney for the Eastern
District of New York, Acting Assistant Attorney General John P. Cronan of the
Justice Department’s Criminal Division, and Angel M. Melendez, Special
Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland
Security Investigations (HSI), New York, announced the sentence.
“As the trial established, Clarke collected child
pornography at his home for years, using a peer-to-peer file sharing system
that allowed others to download child pornography from him,” stated United
States Attorney Donoghue. “When his
crimes came to light, Clarke lied and attempted to hide behind his badge,
claiming that he had accessed child pornography for his job as an investigator
for the New York City Department of Correction.
This Office is committed to aggressively investigating and prosecuting
consumers of child pornography.” Mr.
Donoghue extended his grateful appreciation to the New York City Department of
Investigation, Inspector General, Board of Correction, and the Department of
Justice Criminal Division’s Child Exploitation and Obscenity Section and High
Technology Investigative Unit for their assistance in this case.
“For years, and while entrusted to serve and protect
society, Fernando Clarke compiled and shared thousands of images and videos of
children being sexually abused and exploited,” said Acting Assistant Attorney
General Cronan. “With every horrific
file Clarke downloaded or shared with others, he compounded the unspeakable
harm endured by these vulnerable victims.
Thanks to the outstanding efforts of our dedicated law enforcement
partners and federal prosecutors, Clarke is now being held accountable for his
crimes.”
“Individuals who take pleasure in watching videos and photos
of children being sexually exploited should learn from the outcome of this case
that we will find you and prosecute you to the fullest extent of the law, no
matter who you are,” stated HSI Special Agent-in-Charge Melendez. “The fact that this individual used his law
enforcement status to try to shield his crimes is particularly heinous, and a
betrayal of all we stand for in protecting the children in our communities. But
his knowledge of online sharing systems and assumption he could go undetected
was undone by the excellent investigative team in this case.”
According to court filings and evidence introduced at trial,
Clarke downloaded thousands of video files of the sexual abuse of pre-teen
children, which he kept on computer equipment in his home. During a court-ordered search of his home on
July 28, 2015, Clarke initially claimed that he was downloading child
pornography in connection with his employment as a Department of Correction
investigator. Clarke subsequently admitted
during the search that he was not authorized to access or download child
pornography for his employment. Clarke
was fired from the Department of Correction after his conviction.
The government’s case is being prosecuted by Assistant
United States Attorney Allen L. Bode of the Office’s Long Island Criminal
Division and Department of Justice Trial Attorney Lauren Kupersmith
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