Glenn T. Suddaby, U.S. Attorney for the Northern District of New York, and John F. Pikus, Special Agent in Charge of the Federal Bureau of Investigation, Albany Division, announced today that WAYNE N. GARDNER, age 54, of Albany, New York, pled guilty in United States District Court in Albany before the Honorable Gary L. Sharpe to a one count Indictment charging him with the possession of child pornography.He also admitted a separate allegation contained in the Indictment that charged him with having been previously convicted of possessing child pornography in 2002.

In connection with his plea, GARDNER admitted today that his personal computer contained approximately 103 still images depicting minors engaged in sexually explicit conduct. This computer was seized from GARDNER’S residence on July 25, 2006, pursuant to a federal search warrant. GARDNER also admitted during his plea that a number of these images were obtained via “Limewire”, a file sharing program. GARDNER additionally acknowledged that on December 5, 2002, he was convicted of the crime of “Possessing A Sexual Performance By a Child” less than sixteen years of age, in violation of New York State Penal Law, Section 263.16.

Sentencing was scheduled by Judge Sharpe for July 25, 2007, at 9:00 A.M. in U.S. District Court in Albany. GARDNER faces a maximum penalty of 20 years imprisonment and a mandatory minimum sentence of 10 years, and a fine of $250,000.00. He was detained pending his sentencing.

The case was investigated by the Federal Bureau of Investigation’s Cyber Predator Task Force and the Albany Police Department.

CONTACT:

Thomas Spina Jr.
Assistant U.S. Attorney
tel.(518) 431-0247