March 4, 2015

New York Man Charged with Production of Child Pornography and Interstate Travel to Engage in Illicit Sexual Conduct

NEWARK, NJ—A Warwick, New York, man is charged with coercing a minor to engage in sexually explicit conduct and traveling from New York to Passaic County, New Jersey, to have sexual intercourse with another minor, U.S. Attorney Paul J. Fishman announced. Clifford W. Wares, 42, is charged by complaint with one count of the production of child pornography and one count of interstate travel to engage in illicit sexual conduct.

According to the Complaint filed in Newark federal court:

From August 2011 through November 2011, Wares allegedly used e-mail, telephone and Facebook to communicate with a thirteen year old female in Passaic County (“Victim 1”). Wares used a fake Facebook account to pretend to be another minor who was known to Victim 1 and introduce himself as someone with whom Victim 1 should communicate. Afterwards, Wares regularly sent Victim 1 pornographic images and engaged in sexually explicit communications, ultimately asking that she send him images and videos of herself nude or engaging in sex acts, which she did. On occasions when she did not comply, Wares threatened to distribute nude images of Victim 1 to her parents and friends.

In June 2011, Wares allegedly met a fourteen year old female residing in Passaic County (“Victim 2”) via an online social network. From June 2011 through August 2011, Wares regularly engaged in sexually explicit communications with Victim 2, sent her pornographic images and told her that he was interested in “hanging out” with her. Wares then drove from his home in Warwick, New York, to Passaic County where he picked her up in his vehicle. Wares had sexual intercourse with Victim 2 in a nearby park and had her perform a sex act on him. After a second encounter, Wares allegedly threatened to kidnap and kill Victim 2 when she refused to meet him again.

Wares was ultimately apprehended after a search for him was conducted via land and helicopter in an Orange County, New York park. Among his possessions upon his arrest were a roll of duct tape, a pair of handcuffs, a knife, and a handwritten list of the names of other minors who were known to Victims 1 and 2.

The charge of production of child pornography carries a maximum potential penalty of 30 years in prison, a mandatory minimum penalty of 15 years in prison and a $250,000 fine. The charge of interstate travel to engage in illicit sexual conduct carries a maximum potential penalty of 30 years in prison and a $250,000 fine.

U.S. Attorney Fishman credited Special Agents with the FBI, under the direction of Special Agent in Charge Richard M. Frankel in Newark, the New Jersey Regional Computer Forensics Laboratory, the Passaic County Prosecutor’s Office, and the New York State Police with the investigation leading to these charges.

The government is represented by Assistant U.S. Attorney Danielle Alfonzo Walsman of the U.S. Attorney’s Office Criminal Division in Newark.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.