Hyde Park Man Convicted in Manhattan Federal Court of Sexual Exploitation of a Child and Possession of Child Pornography

Preet Bharara, the United States Attorney for the Southern District of New York, announced that ALLAN DAY, 56, of Hyde Park, New York, was found guilty today on all counts of a five-count indictment that charged him with four counts of sexual exploitation of a child and one count of possession of child pornography. The verdict came following a one-week jury trial in Manhattan federal court before U.S. District Judge Colleen McMahon.

U.S. Attorney Preet Bharara stated: “These were heinous crimes, the nightmare of every parent. Justice was served with this conviction. We and our law enforcement partners urge anyone who has information regarding crimes against children to come forward.”

According to the indictment and the evidence at trial:

DAY sexually abused a minor (the “Victim”) from approximately 2006 through August 2009. The abuse began when the Victim was 12 years old. In June 2008, when the Victim was 14 years old, and August 2009, when the Victim was 15 years old, DAY took sexually explicit photographs of his abuse of the Victim. Following DAY’s arrest, a search warrant executed at DAY’s residence resulted in the seizure of, among other things, a camera, laptop computers and various computer devices. Forensic analysis of the items revealed that the photos were taken in June 2008 and August 2009 with DAY’s camera and saved on his laptop computers and a thumb drive. In total, forensic analysis recovered over 70 photographs depicting the Victim, and in some instances the Victim and DAY, engaging in sexually explicit conduct.

DAY, who is scheduled to be sentenced on April12, 2012, faces a mandatory minimum sentence of 15 years in prison and a maximum sentence of 30 years in prison for each of the four counts of sexual exploitation. For his possession of child pornography, he faces a maximum sentence in prison of 10 years.

DAY lived in Hyde Park, New York, until his arrest on September II, 2009. He has been in custody since that time.

Mr. Bharara praised the investigative efforts of the Federal Bureau of lnvestigation (“FBI”), the Hyde Park Police Department, the New York State Police, Dutchess County Crime Victims and Family Services, Fishkill Police Department, the Rockland County Sheriffs Department, and the Rockland County Computer Crimes Task Force.

The case is being handled by the White Plains Division. The case is being handled by the White Plains Division. Assistant United States Attorneys Marcia S. Cohen and Andrew Bauer are in charge of the prosecution.

Persons with information about the possible sexual exploitation of children may provide a report to the FBI at (212) 384-1000.