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MADISON — On November 23, 2011, federal and state criminal charges were filed against David P. Foley, a former Shorewood resident currently serving a prison sentence on an unrelated charge. The federal and state charges culminate a 15-month investigation by the Department of Justice (DOJ) Division of Criminal Investigation (DCI).
Foley has been charged with six federal counts, including: three counts of Production of Child Pornography; one count of Transportation of a Minor Across State Lines to Engage in a Sex Act; one count of Distribution of Child Pornography and one count of Possession of Child Pornography. An initial appearance at the Federal Courthouse in Milwaukee has not yet been scheduled.
In addition, Foley has been charged by the State with five counts of felony bail jumping. An initial appearance at Milwaukee County’s Criminal Justice Facility is scheduled for January 4, 2012, at 8:30 a.m. Foley is currently incarcerated at Fox Lake Correctional Institution, serving a sentence for an unrelated identity theft conviction in Milwaukee County earlier this year.
According to the court records, in August 2010, a Milwaukee television news reporter contacted the Internet Crimes Against Children (ICAC) unit at the DCI office in Milwaukee. The reporter indicated to investigators that he had been sent anonymously materials containing a DVD with images and videos of child pornography, purportedly belonging to a Whitefish Bay businessman.
During search warrants at the Whitefish Bay barber shop where Foley used to work and at his former Shorewood residence, investigators seized numerous computers, other electronic storage devices including flash drives, digital cameras, cell phones, CDs, DVDs, and numerous financial records.
Investigative assistance was provided by the United States Attorney’s Office for the Eastern District of Wisconsin and the Milwaukee County District Attorney’s Office.
While Foley has been charged, he is presumed innocent, and any charges against him will need to be proven beyond a reasonable doubt.
Copies of the State’s complaint, and the federal indictment and search warrants related to the federal investigation are available at the following links: