Case 1:19-mj-00371-KJM Document 1 Filed 04/24/19 Page 1 of 11 PageID #: 1

KENil M. PRICE # 10523

United States Attorney
District of Hawaii
FILED IN THE
UNITED STATES DISTRICT COURT
MORGAN EARLY # 10104 DISTRICT OF HAWAII
Assistant U.S. Attorney Apr 24, 2019
Room 6-100, PJKK Federal Building SUE BEITIA, CLERK

300 Ala Moana Boulevard

Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Facsimile: (808) 541-2958
E-Mail: Morgan.Early@usdoj.gov

Attorneys for Plaintiff

UNITED STATES OF AMERICA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAll

UNITED STATES OF AMERICA, ) MAG. NO. 19-00371 KJM

)
Plaintiff, ) CRI1\11NAL COMPLAINT;
) AFFIDAVIT IN SUPPORT OF
v. ) CRI1\11NAL COMPLAINT
)
MICHAEL DAVID KIRK, )
)
Defendant. )
~~~~~~~~)

CRIMINAL COMPLAINT

I, the undersigned complainant, being duly sworn, state that the following is

true and correct to the best of my knowledge and belief.

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Count One
Coercion and Enticement
(18 U.S.C. § 2422(b))

On or about March 24, 2019, within the District of Hawaii, MICHAEL

DAVID KIRK, the defendant, did use any facility and means of interstate and

foreign commerce, that is, the internet and a cellular phone, to knowingly attempt

to persuade, induce, entice, and coerce an individual who had not attained the age

of 18 years to engage in sexual activity under such circumstances as would

constitute a criminal offense under Hawaii state law, specifically, Hawaii Revised

Statutes, Section 707-730(1)(b). All in violation of Title 18, United States Code,

Section 2422(b ).

Count Two
Transfer of Obscene Material to a Minor
(18 U.S.C. § 1470)

On or about March 24, 2019, within the District of Hawaii, MICHAEL

DAVID KIRK, the defendant, did use any facility and means of interstate and

foreign commerce, that is, the internet and a cellular phone, to knowingly attempt

to transfer obscene material to another individual who had not attained the age of

16 years, knowing that the individual had not attained the age of 16 years. All in

violation of Title 18, United States Code, Section 1470.

I further state that I am a Special Agent with the Federal Bureau of

Investigation ("FBI"), and that this Complaint is based upon the facts set forth in

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the attached "Special Agent's Affidavit in Support of a Criminal Complaint,"

which is incorporated herein by reference.

DATED: April 24, 2019, Honolulu, Hawaii.

JOHN G . :MIKEL
Special Agent
Federal Bureau of Investigation
Complainant

Sworn to under oath before me telephonically, and attestation

acknowledged pursuant to Fed. R. Crim. P. 4.l(b)(2),
this 24th day of April, 2019, at Honolulu, Hawaii.

Kenneth J. Mansfield
United States Magistrate Judge

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19-000371 KJM
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2. I am a Special Agent ("SA") with Federal Bureau of Investigation

("FBI"), and am presently assigned to the Violent Crimes Against Children

section. I have been a Special Agent for approximately nine years. I have received

training from the FBI, United States Department of Justice Training Center, Office

of Juvenile Justice and Delinquent Prevention, and Fox Valley Technical College.

During the course of my work as a Special Agent, I have investigated and received

training for cases involving child sex crimes and child pornography.

3. I am familiar with the facts set forth in this affidavit based upon my

personal knowledge and/or information provided to me by other law enforcement

personnel and/or witnesses. This affidavit is intended to show merely that there is

sufficient probable cause for the criminal complaint charging Defendant with

violations of federal law. Accordingly, this affidavit does not set forth all of the

facts known to me or to FBI regarding this matter. Summaries and statements

from conversations do not include references to all topics covered in the

conversations. This affidavit is not intended to include each and every fact and

matter observed or known to the government.

PROBABLE CAUSE

4. On approximately March 22, 2019, an undercover law enforcement

officer ("the UC") posted a profile on a social media application (referred to herein

as "the App"), which allows users to interact with other users with messages and

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photos. Users can download the App to a mobile phone or digital device, and

engage in messaging directly with other users.

5. The UC created a profile that displayed a photograph of the interior

wall of a home and pillows, with the text: "Alone, just me and my little girls" with

heart symbols and face emoticons. The profile used the name "Anonymous." The

UC then used this profile to engage messages with individuals who believed the UC

was a parent of girls.

6. On March 22, 2019, the UC received a message on the App from an

unknown user ("the User"), stating "Lucky you guys :)". The next day, March 23,

2019, the UC responded, "Girls r raring to go and have fun." The User replied,

"What kind of fun are they going to have? And how old are you and them?" The

UC stated thats/he was looking for a "daddy" to teach the girls how to be "women."

In my training and experience, I know this type of language suggests a sexual

scenario between older men and young girls. The User responded, "Oh really

now ... that almost sounds too good to be true." The UC then stated that the

purported minor girls were six, nine, and eleven years old. The User responded, "I

just mean it' s easily something that could tum into trouble. That does sound very

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nice though ... " The User indicated that he did not have sexual experience with

girls that young before, because "[i]t's something I have never had a chance for."

7. Over several hours that followed, the User asked whether the girls had

a dad around, and whether they had "been active with anyone before," (i.e. , whether

they had been sexually active with anyone before). When the UC replied they were

in Hawaii only a few days, the User wrote, "That's a short amount of time to build

up trust lol." The UC asked, "Are u interested?" The User replied, "I am." The

conversation then turned to the specific sexual acts that the User was interested in,

and the User wrote, "I mean I love oral. Anything anal. Love toy play. Playing

with candles and dripping wax. Really anything." The UC discussed other specific

sex acts, and asked whether the User was interested in engaging in sexual acts with

just one child or "all 3?" The User responded: "Yeah. Just if they would be into

it I mean. I would love to see what they look like. And you too."

8. As the conversation continued, the User requested certain specific

photos of the UC and the girls, and indicated that the conversation was "risky for

me" because "if you aren't really what you say you are this could tum out much

worse for me." In my training and experience, I believe this was a reference to the

User' s concern that he could be arrested ifthe UC was law enforcement. The UC

later asked the User if he was going to have sex with the six and nine year old girls.

The User replied, "If you wanted me to and they wanted it then yes." Later, he

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wrote, "Would it help if you knew I had a daughter also?" The User and the UC

then proceeded to discuss the sexual acts he would perform on the girls more

vividly, including how he planned on "Going from youngest to oldest they would

take a little bit more in than the last." The User graphically describes his plan to

sexually penetrate the six year-old girl, and perform oral sex on the eleven year-old

girl. The User indicates that it will be hard for him to go to the location where the

girls are, because "it is hard with my wife ... she will ask where I'm going. But

when I get off work tomorrow I could easily come to visit." The User and UC

discuss meeting the next day, in the afternoon.

9. Later in the conversation, the User sent the UC photos of himself,

including a photo of the front of his body and his face. In one photo, he wears a

military uniform, and he tells the UC he is enlisted in the military and has been for

twelve years. He tells the UC that he is thirty (30) years old, and lived in Georgia

before moving to Hawaii. Later in the conversation, he mentions his "wife" and

tells the UC he has "a son on the way right now actually." When the UC asks him

ifhe is serious about meeting up to have sex with the purported girls, the User

states, "I am for real about this. I would not want to disappoint the little ones."

He later writes, "It is hard to believe this is real given how bad of a thing it is."

10. On March 24, 2019, the UC and the User planned to meet in person

for the User to engage in sexual acts with the minor girls. The User asks the UC,

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"can you send me the address on here so I can see how far it is?" The User

explains that he is nervous, because "if you 're fake and the pictures aren't really

you guys then I am setting myself up for prison time." The User then gets into the

shower, and writes, "I'm in the shower now. Would you like to see anything to see

if she would even like first?" The "she" in this message refers to the purported

eleven year-old minor. The User then sends a photograph of the front of a male

body from the vantage point looking down, with an erect penis. He writes, "Do

you think she would like?"

11 . Later that day, the User writes, "I'm driving now." In response to a

request by the UC, the User proceeds to send several photos of the freeway and

other specific locations along his journey to show that he was in fact on his way to

the meetup location. However, law enforcement officers were present at one of

these specific locations that the User was instructed to visit first. These officers

were provided with photographs that the User sent to the UC via the App. The

officers recognized an individual at that same location that appeared to be the same

individual in the photographs sent by the User. The law enforcement officers

noted the license plate of the vehicle the individual was driving and conducted a

database search for that license plate and vehicle. This database search returned a

registered owner of MICHAEL D KIRK for the vehicle. Personnel from the Naval

Criminal Investigative Service conducted database checks for that name and

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confirmed the identity of US Navy Sailor MICHAEL DAVID KIRK assigned to

Hawaii, whose photograph appeared to match the photographs provided by the

user and some cursory biographical information provided by the User, e.g.

assignment to a submarine, job description, and age. In the meantime, the User

sent a photograph at that location to prove to the UC that he was present at the

location. Before the User arrived at that location, however, there was a technical

difficulty with the exchange of messages on the App, and the User's messages to

the UC were delayed. By the time the UC received the User's messages, the User

stated he had already left the area. Thus, law enforcement did not arrest the User

at the meet-up location, because he did not arrive there.

12. In the weeks that followed, law enforcement conducted an

investigation into the identity of the User. After further identifying MICHAEL

DAVID KIRK as the suspect, I confirmed that details from KIRK's life match the

statements made by the User. KIRK is thirty (30) years old, enlisted in the

military, and was located in Georgia before moving to Hawaii. He has one child

with his wife, and as of March 24, 2019, his wife was pregnant with a second

child. I have viewed records containing known photos of KIRK, and his

appearance is identical to the male in the photos sent by the User to the UC.

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CONCLUSION

Based on the foregoing facts, I respectfully submit that probable cause exists

to believe that MICHAEL DAVID KIRK committed the violations of federal law

set forth above.

Respectfully submitted,

~:-~
Special Agent
Federal Bureau of Investigation

Sworn to under oath before me telephonically, and attestation acknowledged

pursuant to Fed. R. Crim. P. 4.l (b) (2), this 24th day of April, 2019, at Honolulu,
H awaii. Based upon the foregoing, the undersigned Judicial Officer finds th at there
is probable cause to believe that defendant above-named committed the crimes
charged in the Criminal Complaint, this 24th day of April, 2019.