Case 6:20-mj-04002-MWP Document 1 Filed 01/08/20 Page 1 of 7

AO 91 (Rev. 02/09) Criminal Complaint

United States District Co JAN 8 2020

United States of America

Case No. 20-MJ-

MICHAEL A. GRECO

Defendant

CRIMINAL COMPLAINT

I, Task Force Officer GREGORY P. SCHMITTER, the complainant in this case, state that the
following is true to the best of my knowledge and belief.
Between on or about January 2. 2020 through January 7, 2020 in the County of Monroe in the
Westem District ofNew York,the defendant yiolated 18 U.S.C. § 2422(b), an offense described as follows:

the defendant knowingly, using a facility or means of interstate or foreign commerce, attempted to
persuade, induce, entice or coerce an individual who had not attained the age of 18 years, to engage
in sexual activity for which any person can be charged with a criminal offense, in violation of Title 18,
United States Code, Section 2422(b).

This criminal complaint is based on these facts:

X Continued on the attached sheet.

Please see attached affidavit

-iml
omplainant's signature

Gregory F. Schmitter. TFO.H.S.I.

Sworn to before me and signed in my presence.

Date:: z/g/zO ITU,Vv uTr^.!

City and State: Rochester. New York Marian W.Pavson. United States Magistrate Judge
Printed name and title
 Case 6:20-mj-04002-MWP Document 1 Filed 01/08/20 Page 2 of 7

AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT

STATE OF NEW YORK )

I, Gregory F. Schmitter, being duly sworn, depose and state the foUowing;

1. I am an Investigator with the New York State Pohce(NYSP). I am also a Task

Force Officer with the Department ofHomeland Security, Homeland Security Investigations

(HSI). I have been employed by the NYSP since August 2007 and have been a Task Force

Officer with HSI since December 2019. I am currently assigned to the NYSP Troop E Major

Crimes Unit in Canandaigua, NY and to the HSI Buffalo, New York field office. In my

duties, I investigate crimes involving child exploitation, including violations of Title 18,

United States Code, Sections 2422(a) and (b).

2. I make this affidavit in support of a criminal complaint charging MICHAEL

A. GRECO, with a violation of Title 18, United States Code, Section 2422(b), related to the

attempted online enticement of a minor.

3. All information contained in this affidavit is based on my personal knowledge

or has been related to me by other law enforcement agents. Since this affidavit is being

submitted for the limited purpose ofsecuring a criminal complaint, I have not included each

and every fact known to me concerning this investigation. I have set forth orily the facts that

I believe are necessary to estabhsh probable cause to beheve that MICHAEL A. GRECO did

knowingly violate Title 18, United States Code, Section 2422(b).

4. On January 2, 2020, I commenced an undercover investigation involving a

particular website that allows users to post classified ads for prostitution. The site is known
 Case 6:20-mj-04002-MWP Document 1 Filed 01/08/20 Page 3 of 7

by law enforcement as a platform for both adult prostitution and the sexual exploitation of

minors. Working in an undercover capacity, I posted an ad in the Rochester, NY and Finger

Lakes, NY regions titled,"YOUNG FUN". The ad displayed a photograph ofa female who

appeared to be a juvenile, which has been approved by the

NYSP for use in undercover online enticement investigations. The ad narrative stated, "Hi

guys. If your lookin for young taboo fun, hmu. Age is just a number. If its not your thing,

don't be a hater. Open minded here! Txt me XXX-XXX-XXXX!!!"^

5. On January 2,2020,1 received a text message from 585-317-XXXX in response

to the ad. The person sending the text message, later identified as the defendant, asked, "So

how old are you". I responded to the defendant,"Heres the deal its me and my step daughter.

Deals for her not me. Im not into guys. Shes 13. Its not for everyone so if u don't like it no

problem". The defendant responded that he may be interested and inquired "how much" and

asked, "Could I get some rates". I responded,"100 roses for sex. 75 for orcil". Based on my

training and experience, I know that in prostitution and child exploitation circles, "roses" is

used as a term for dollars. The defendant responded,"Ok I can 100", which was the price to

have sexual intercourse with the 13-year-old child. The defendant then stated, "I just really

wanna make sure everything is legit haha and no cops or anything lol". The defendant asked

where I was located, to which I rephed Hemietta, NY. The defendant stated he was in Gates,

NY.

6. On January 6, 2020,1 continued to communicate with the defendant via text

messaging. When asked what the defendant was looking for, he replied, "100", again

referring to the price for sexual intercourse with the child. I responded by stating, "Just gotta

^ The actual DC phone number was posted In the ad, but is removed from this complaint in order to protect the
integrity offuture investigations.
 Case 6:20-mj-04002-MWP Document 1 Filed 01/08/20 Page 4 of 7

check hun but this aint no role play or fantasy talk. Real deal. If ur not cool with it cuz shes

younger teU me now. Cant have u show up and freak out and call the cops on me". To this

the defendant replied,"Yes that's cool". Thereafter, the defendant asked to speak via phone

concerning a meeting with the child. A female Special Agent from HSI called the defendant

in response, posing as the child's mother. During the phone caU, the defendant asked if

everything was "legit" and not a "scam." The defendant requested to meet the child and

discussed the price of the encounter with the Special Agent. The Special Agent advised the

price would be "100" for 30 minutes with the child, and asked the defendant:"You want the

fuU thing, right?", referring to sexual intercourse. The defendant rephed, "Yeah if I could".

The defendant then asked if the woman would be right there with the child when the

encounter took place. The Special Agent advised she would be in the next room,but that the

defendant wotild be with the child alone in another room at her apartment. The defendant

then arranged to meet the 13 year old child on the following day, January 7, 2020 at

approximately 5:00 pm. The conversation was audio recorded.

7. On January 7, 2020, I continued to communicate with the defendant in an

undercover capacity, posing as the mother ofthe 13 year old child. On that day,the defendant

confirmed he would meet with me and the child at around 5:00 or 6:00 pm. I stated to the

defendant,"So there are some rules cuz shes 13 hun. No anal and no ruffstuff. And you gotta

were a condom. That good w u?". The defendant replied, "Yeah I gotcha I'm cool with all

of that". I advised the defendant that if he brought the child a present, she would not be as

shy or nervous. The defendant asked what kind of presents the child hked. I told the

defendant the child wanted headphones, pink clothes, unicorns, and Reese's peanut butter

cups. The defendant responded that he could probably get something for her and that he
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would not be mean to the child. The defendant later asked,"Do you also have condoms". I

responded that I did not and told the defendant that he would have to bring them.

8. Later on January 7, the female Special Agent from HSI again called the

defendant who advised he was on his way to Henrietta. The Special Agent provided the

defendant with her address, and asked what the defendant would be doing with the child

besides sex. The defendant stated that he was going to "play" with the 13-year-old girl and

she would "go down on him". The defendant called back several minutes later asking for

directions to the apartment. The Special Agent provided directions and told the defendant to

ring the doorbell for apartment 2. Shortly thereafter, the defendant was buzzed into the

apartment building and knocked on the door of apartment 2, where he was met by law

enforcement. The defendant made a brief attempt to flee but was taken into custody without

further incident. The defendant, then identified as MICHAEL A. GRECO, was found to

have a black Apple iPhone XR cellular telephone in his right pant pocket. In his left pant

pocket the defendant had a $100 bill and two condoms. The defendant was also in possession

ofa plastic bag that contained three packages of Reese's peanut butter candy.

9. Following his arrest, the defendant was transported to the NYSP barracks in

Rochester, NY. The defendant was read Miranda rights, which he indicated that he

understood. He agreed to waive his rights and speak with officers. The defendant admitted

that he observed an ad titled "young fun" on the particular website referenced above. The

defendant further admitted he was texting with a woman about meeting to have sex with her

13-year-old female. The defendant admitted fliat his phone number is 585-317-XXXX and

that the cell phone in his pant pocket at the time of his arrest was the phone he used to

communicate with the female. The defendant stated that on January 7, he left his home in
 Case 6:20-mj-04002-MWP Document 1 Filed 01/08/20 Page 6 of 7

Gates, New York and went to a gas station where he purchased condoms and Reese's candy

for the encounter. The defendant then drove to the apartment complex in Henrietta to meet

the woman and the 13-year-old girl, in order to engage in sexual intercourse with the chUd.

10. The defendant was born in 1995 and is 24 years old. New York State Penal

Law Section 130.30(1), states that a person is guilty ofRape in the Second Degree when being

18 years old or more, he or she engages in sexual intercourse with a person who is less than

fifteen(15) years old. Rape in the Second Degree is a Class D Felony offense under the New

York State Penal Law.

11. The ad "YOUNG FUN", which initiated the defendant's attempted

enticement of a minor, was posted on the Internet, which is a means and facility ofinterstate

and foreign commerce. In addition, the Apple iPhone XR that the defendant used to

communicate with the undercover officers in order to arrange the meeting with the child, was

manufactured outside of New York State, and therefore traveled in interstate or foreign

commerce.

12. WHEREFORE, based on the foregoing, I respectfully submit that there is

probable cause to beheve that MICHAEL A. GRECO,using a fadlity or means ofinterstate

or foreign commerce, attempted to persuade, induce, entice or coerce an individual who had

not attained the age of 18 years, to engage in sexual activity for which any person can be

charged with a criminal offense, in violation ofTitle 18, United States Code, Section 2422(b).
 Case 6:20-mj-04002-MWP Document 1 Filed 01/08/20 Page 7 of 7

GREGO^F.SCHMITTER
Task Force Officer
Homeland Security Investigations

Sworn to before me this

HON. MARIAN W.PAYSON