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Date: 07-27-2023

Case Style:

United States of America v. Andrew J. McCardie

Case Number: 4:22-cr-00067

Judge: Brian C. Wimes

Court: United States District Court for the Western District of Missouri (Jackson County)

Plaintiff's Attorney: United States Attorney’s Office in Kansas City

Defendant's Attorney: Steve Patton

Description: Kansas City, Missouri criminal defense lawyer represented Defendant charged with sexual exploitation of children and production of child porn.

On Feb. 23, 2023, Andrew J. McCardie, 36, pleaded guilty to two counts of producing child pornography and one count of distributing child pornography.

McCardie communicated with individuals through the Kik application beginning in January 2022, using a screen name to indicate he was willing and able to produce child pornography and distribute to other persons. McCardie produced 19 images and videos of child pornography involving a minor child victim on Feb. 11 and 12, 2022. Most of these were created live, meaning he was recording himself actively sexually abusing the child victim while communicating with other persons over Kik, and sending those images and videos to them during the abuse.

On March 5, 2022, McCardie created another live video during his sexual abuse of the child victim. McCardie didn’t know he was communicating with an undercover law enforcement officer through Kik. McCardie told the undercover officer he had been “doing these requests on Kik for a couple years now” and discussed how to sexually abuse a child. During this conversation, McCardie sent the undercover officer a screenshot of a chat he was having with the Kik user he produced the video for, in order to prove he had created the video live.

On March 6, 2022, law enforcement officers executed a search warrant at McCardie’s residence. The entry team attempted to take control of McCardie near the entrance of the residence but he resisted, initially holding a firearm as officers entered. McCardie was brought out into the yard, where he continued to resist before being handcuffed and placed under arrest. McCardie attempted to hide his iPhone in the bedroom closet, but officers found the phone and seized it in order to conduct a forensic investigation.

McCardie’s Kik account included 218 images and videos of child pornography. McCardie sent 58 separate videos and images of child pornography to other Kik users, and had received more than 200 images and videos of child pornography from other Kik users between Jan. 2 and March 7, 2022.

This case was prosecuted by Assistant U.S. Attorney Kenneth W. Borgnino. It was investigated by the FBI.

Outcome: The defendant pleaded guilty to counts 8s, 10s and 12s on 2/23/23. IMPRISONMENT: The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 360 months as to counts 8s and 10s, the counts to run concurrently; 120 months as to count 12s to run consecutive to the sentence imposed on Counts 8s and 10s; for a total term of imprisonment of 480 months. The court makes the following recommendations to the Bureau of Prisons: Defendant be designated to USP Marion. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Upon release from imprisonment, the defendant shall be on supervised release for a term of: life on each count, the terms to run concurrently with standard, mandatory and special conditions. CRIMINAL MONETARY PENALTIES: M.S.A. $300.00 RESTITUTION: Please refer to restitution J&C NO fine.

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