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FILED

Case 7:16-cr-00229-AKK-HGD Document 1 Filed 07/26/16 Page 1 of 8

2016 Jul-28 PM 02:23


U.S. DISTRICT COURT
N.D. OF ALABAMA

JWV/JMH/JBW AUGUST 2016


GJ # 4

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
UNITED STATES OF AMERICA )
)
v.
)
)
BRETT WILLIAM KIRKHAM
)

CASE NO.

INDICTMENT
COUNT ONE
[Coercion and Enticement 18 U.S.C. 2422(b)]
The Grand Jury charges:
Between on or about January 1, 2011, and on or about November 14,
2015, in Tuscaloosa and Jefferson Counties, within the Northern District of
Alabama, and elsewhere, the defendant,
BRETT WILLIAM KIRKHAM,
who was born in or about 1976, using a facility and means of interstate and
foreign commerce, to wit: a cellular telephone and computer, did attempt to
knowingly persuade, induce, and entice MC1, an individual born in 1997,
who had not obtained 18 years of age, to engage in prostitution and any
sexual activity for which any person can be charged with a criminal offense,
to wit: Possession and Possession with Intent to Disseminate Obscene
Matter Containing Visual Depiction of Persons Under 17 Years of Age
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Involved in Obscene Acts (Ala. Code 13A-12-192); and Production of


Obscene Matter Containing Visual Depiction of Person Under 17 Years of
Age Involved in Obscene Acts (Ala. Code 13A-12-197), in violation of
Title 18, United States Code, Section 2422(b).
COUNT TWO
[Receipt of Child Pornography 18 U.S.C. 2252A(a)(2)]
The Grand Jury charges that:
Between on or about January 1, 2011, and on or about January 1,
2016, in Tuscaloosa and Jefferson Counties, within the Northern District of
Alabama, and elsewhere, the defendant,
BRETT WILLIAM KIRKHAM,
did knowingly receive child pornography and material that contains child
pornography, as defined in Title 18, United States Code, Section
2256(8)(A), to wit: a visual depiction of MC1, a minor born in 1997,
engaged in sexually explicit conduct, that has been mailed, shipped, and
transported using a means and facility of interstate and foreign commerce, in
and affecting interstate and foreign commerce by any means, including by
computer, to wit: the internet and a Seagate GoFlex Desk USB External
Hard Drive bearing the serial number NA0J0Y40, all in violation of Title 18,
United States Code, Section 2252A(a)(2).

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COUNT THREE
[Receipt of Child Pornography 18 U.S.C. 2252A(a)(2)]
The Grand Jury charges that:
Between on or about January 1, 2006, and on or about January 1,
2016, in Tuscaloosa and Jefferson Counties, within the Northern District of
Alabama, and elsewhere, the defendant,
BRETT WILLIAM KIRKHAM,
did knowingly receive child pornography and material that contains child
pornography, as defined in Title 18, United States Code, Section
2256(8)(A), to wit: a visual depiction of MC2, an individual born in 1993,
engaged in sexually explicit conduct, which depiction was created between
on or about January 1, 2006, and on or about May 31, 2009, when MC2 was
a minor, and which depiction has been mailed, shipped, and transported
using a means and facility of interstate and foreign commerce, in and
affecting interstate and foreign commerce by any means, including by
computer, to wit: the internet and a Seagate Free Agent Go USB External
Drive bearing the serial number 2GE143P7, all in violation of Title 18,
United States Code, Section 2252A(a)(2).

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COUNT FOUR
[Possession of Child Pornography 18 U.S.C. 2252A(a)(5)(B) &
(b)(2)]
The Grand Jury charges that:
On or about June 15, 2016, in Tuscaloosa County, within the Northern
District of Alabama, and elsewhere, the defendant,
BRETT WILLIAM KIRKHAM,
did knowingly possess and access with intent to view a computer, computer
disk, and other material, to wit: Seagate GoFlex Desk USB External Hard
Drive bearing the serial number NA0J0Y40, that contains an image of child
pornography, as defined in Title 18, United States Code, Section
2256(8)(A), including an image that involved a prepubescent minor and a
minor who had not attained 12 years of age, not including those visual
depictions for which receipt of child pornography is charged in Counts Two
and Three, that has been mailed, shipped, and transported using a means and
facility of interstate and foreign commerce, to wit: the internet, and that was
produced using materials that have been mailed, shipped, and transported in
and affecting interstate and foreign commerce by any means, including by
computer, all in violation of Title 18, United States Code, Section
2252A(a)(5)(B) and (b)(2).

Case 7:16-cr-00229-AKK-HGD Document 1 Filed 07/26/16 Page 5 of 8

NOTICE OF FORFEITURE
18 U.S.C. 2428
The allegations contained in Count One of this Indictment are hereby
realleged and incorporated by reference for the purpose of alleging forfeiture
pursuant to Title 18, United States Code, Section 2428.
Pursuant to Title 18, United States Code, Section 2428, upon
conviction of an offense in violation of Title 18, United States Code, Section
2422, the defendant,
BRETT WILLIAM KIRKHAM,
shall forfeit to the United States any property, real or personal, that was used
or intended to be used to commit or to facilitate the commission of the
offense and any property, real or personal, constituting or derived from any
proceeds obtained, directly or indirectly, as a result of the offense. The
property to be forfeited includes, but is not limited to, a Seagate GoFlex
Desk USB External Hard Drive bearing the serial number NA0J0Y40.
If any of the property described above, as a result of any act or
omission of the defendant:
(a)

cannot be located upon the exercise of due diligence;

(b)

has been transferred or sold to, or deposited with, a third


person;

(c)

has been placed beyond the jurisdiction of the Court;


5

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(d)

has been substantially diminished in value; or

(e)

has been commingled with other property that cannot be


subdivided without difficulty,

the United States of America shall be entitled to forfeiture of substitute


property pursuant to Title 21, United States Code, Section 853(p), as
incorporated by Title 28, United States Code, Section 2461(c).
All in violation of Title 18, United States Code, Section 2428.
NOTICE OF FORFEITURE
[18 U.S.C. 2253(a)]
As a result of the foregoing offenses alleged in Counts Two, Three,
and Four of this Indictment, the defendant,
BRETT WILLIAM KIRKHAM,
shall forfeit to the United States the following:
(a)

any visual depiction described in Title 18, United States Code,

Sections 2251, 2251A, 2252, 2252A, 2252B, or 2260, or any book,


magazine, periodical, film, videotape, computer disk, thumb drive, flash
drive, or other matter that contains any such visual depiction, which was
produced, transported, mailed, shipped, and received in violation of Chapter
110 of the United States Code;

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(b)

any property, real or personal, used and intended to be used to

commit and to promote the commission of such offenses, including but not
limited to the following:
(1)

A Seagate GoFlex Desk USB External Hard Drive


bearing the serial number NA0J0Y40, and

(2)

A Seagate Free Agent Go USB External Drive bearing


the serial number 2GE143P7; and

(c)

any proceeds or gross profits of the offenses, or any property

traceable thereto.
If any property subject to forfeiture pursuant to Title 18, United States
Code, Section 2253(a), as a result of any act or omission of the defendant,
BRETT WILLIAM KIRKHAM,
(a)

cannot be located upon the exercise of due diligence;

(b)

has been transferred or sold to, or deposited with, a third


person;

(c)

has been placed beyond the jurisdiction of the Court;

(d)

has been substantially diminished in value; or

(e)

has been commingled with other property that cannot be


subdivided without difficulty,

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it is the intent of the United States, pursuant to Title 21, United States Code,
Section 853(p), as incorporated by Title 18, United States Code, Section
2253(b), and by Title 28, United States Code, Section 2461(c), to seek
forfeiture of any other property of the defendant up to the value of the above
forfeitable property.
All pursuant to Title 18, United States Code, Section 2253(a).
A TRUE BILL.
/s/Electronic Signature
FOREPERSON OF THE GRAND JURY
JOYCE WHITE VANCE
United States Attorney
/s/Electronic Signature
JACQUELYN M. HUTZELL
Assistant United States Attorney
/s/Electronic Signature
JOHN B. WARD
Assistant United States Attorney