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Former Barbershop Owner Charged in Child Pornography Case

After being found guilty in check-kiting scheme, former Sport 'N Cuts owner David Foley now faces charges for producing child pornography.

In an attempt to discredit his landlord who testified against him in a check-kiting case, the former owner of Sport ‘N Cuts barbershop on Silver Spring Drive inadvertently led federal investigators to a series of child pornography tapes he produced, prosecutors allege.

David Foley, 49, of Shorewood, was charged Wednesday with six federal charges: three counts of production of child pornography; and one count each of transportation of a minor across state lines to engage in a sex act, distribution of child pornography and possession of child pornography.

He was also charged Wednesday in Milwaukee County Circuit Court with five bail-jumping charges, as he is currently serving an 18-month sentence at Fox Lake Correctional Institution for an unrelated identity theft conviction.

The federal and state charges culminate a 15-month investigation by the Department of Justice Division of Criminal Investigation. The United States Attorney’s Office and the Milwaukee County District Attorney’s Office also assisted in the investigation.

According to documents filed in U.S. District Court and Milwaukee County Circuit Court:

The seizure of Foley's electronic records began in in August 2010, when FOX 6 News investigative reporter Bryan Polcyn received a cardboard envelope containing an anonymous letter and an unlabeled compact disc.

When Polcyn loaded the disc into his computer, he found a folder labeled "Andy Garrison's private files," which contained disturbing images of young boys engaged in sexual acts. The person who sent the package claimed to have found the disc while rummaging through a Dumpster behind a Whitefish Bay business, according to a FOX 6 report.

Through search warrants at Sport 'N Cuts and Foley's former apartment at 4434 N. Wilson Drive, investigators seized numerous computers, other electronic storage devices, including flash drives, digital cameras, cell phones, CDs, DVDs and numerous financial records. 

On one computer, investigators found nine videos of prepubescent boys engaged in sexual activities.

Foley allegedly tried to set up Andrew Garrison, the owner of the building that housed Sport 'n Cuts, by handing over the computer filled with child pornography to a former private investigator and claiming it belonged to Garrison.

The investigator’s suspicions were aroused when he realized there was only one document on the computer, and Garrison’s name was spelled wrong in the document.

Foley told the former investigator that he found the computer bag lying in the parking spot behind the barbershop, where Garrison usually parks. The bag contained a T-shirt from a local bicycle race sponsored by Garrison and printed images of boys in sexually explicit poses.

Additionally, Foley told detectives that a man found CDs with child pornography on them in the Dumpster behind the barbershop and that it belonged to Garrison. That CD was the one that ended up in the hands of FOX 6, which then forwarded the materials to investigators.

Investigators believe Foley solicited the help of at least two other people in his attempt to set up Garrison, according to a federal affidavit released Wednesday.

Investigators also believe Foley touched the genitals of two teenage boys. One of the boys was touched at the Whitefish Bay barbershop, in his Shorewood apartment and at a hotel near the Mall of America. Another boy met Foley through Big Brothers and Big Sisters when he was 11 years old, and he also told investigators that Foley touched his genitals.

No charges have been filed against Foley in connection with those alleged incidents.

Bail-jumping Charges Filed

In addition to the federal charges, Foley is charged with five counts of felony bail-jumping.

Four of those charges are related to bank fraud activities that Foley allegedly engaged in while another case was pending against him. In that case, he was sentenced to 18 months in prison for writing bogus checks that cost local banks more than $25,000.

The fifth bail-jumping charge is for defamation and publishing false information about Garrison. In addition to the pornography set-up, he also used fake user names on two websites and posed as teenage boys who made allegations that Garrison sexually abused them and threatened to hurt their families. Through a subpoena, a state special agent was able to trace the comments to Foley's e-mail address.

In a phone interview, Garrison told Patch that said he is glad his cooperation in the case paid off in the charges.

“I think the charges really speak for themselves,” he said. “The guy is a terrible human being.”

Long Criminal History

Foley’s criminal history dates back to 1983, when he was first convicted of check fraud in Florida. Including the recent identity theft conviction, Foley has 10 criminal convictions. Six of these convicted are related to check fraud, with four of them occurring since 2003.

Foley has also scammed thousands of dollars from businesses, such as Sign-O-Rama in Milwaukee. He also scammed a plastic surgeon out of $7,000 for a face lift operation, according to a FOX 6 report.

In the most recent case that ended with a sentencing in March, Foley was sentenced to 18 months in prison in an identity theft that involved a check-kiting scheme. 

Foley used a routing number from two expired U.S. Bank accounts to deposit two checks totaling $9,650 into a new account at First Business Bank in Brookfield, according to a criminal complaint. On the apparent strength of the deposits, the bank gave Foley more than $10,000 in cash and cashier’s checks, which Foley repaid.

In the same account, Foley also deposited a bogus $4,627 check from a Florida bank account that has been expired since 2000. Foley used that same account to issue a worthless check in 2003, for which he was convicted of a misdemeanor charge of issuing a worthless check, according to a criminal complaint.

Foley also deposited bogus checks at Associated Bank and Chase Bank. The overall cost to all involved banks totals more than $25,000, according to a sentencing memorandum filed in court at the time.

Foley’s financial records came to the attention of West Allis police when they were investigating Foley for voting in the 2006 election while he was on probation for another felony fraud charge.

Foley denied voting in the election, so police investigated his handwriting samples, including copies of canceled checks. Police then learned of a parallel check-kiting investigation in Waukesha County and other instances of similar criminal activity in Milwaukee County.

The Milwaukee County District Attorney's office dismissed the two felony election fraud charges as part of the plea agreement reached in July 2009.

MIchael November 24, 2011 at 03:20 PM
As I am the private investigator mentioned in the article, I just have to say that this guy deserves everything he's about to experience in prison.
Gordon E Lang December 03, 2011 at 03:27 PM
Why did Whitefish Bay ever let him open a Barber Shop on Silverspring Drive with a history like that?

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