Alleged co-conspirator pleads guilty in Tim Burke, Fox News hack case
This story includes reporting by Melissa Marino.
TAMPA, Fla. (WFLA) — A man pleaded guilty Monday for his role in allegedly conspiring with Tim Burke, a journalist and husband of a Tampa city official, to unlawfully access computer systems tied to Fox News and other outlets, according to federal court documents obtained by News Channel 8.
The case against Burke, who was also indicted, is still playing out in court.
Marco Gaudino, who lives in Washington state, pleaded guilty Monday to conspiracy after federal prosecutors said he and Burke accessed computer systems for which they were unauthorized, according to documents. Burke is the husband of Tampa City Councilmember Lynn Hurtak.
As part of his plea deal, Gaudino agreed to cooperate in the investigation of “other persons” involved in the case, and to testify.
“Today my client plead guilty and accepted responsibility for his involvement with Mr. Burke and the unlawful access of a computer,” said Adam Allen, an assistant federal defender who represented Gaudino.
The plea document lists direct messages exchanged between Gaudino and Burke.
“What is in the factual basis, all of that happened,” Allen said. “But again, his interest is in finding interesting things on the internet.”
Allen said Gaudino is on the autism spectrum and was 22 years old at the time with no prior criminal history. He said Gaudino is hoping for sentencing leniency.
“His young age, and his naivety and his autism spectrum disorder, he knows what was right and what is wrong and he knows it’s unlawful to access a computer when it’s not your password,” Allen said.
The FBI raided Burke and Hurtak’s home in Seminole Heights in May 2023. Hurtak said in a statement at the time that it was related to Burke’s “work as a journalist.” She did not provide additional details.
Burke’s attorney, in an appeal, said the indictment stemmed from an apparent complaint by Fox News after Burke obtained unaired footage of Tucker Carlson and Kanye West. The clips, posted to Media Matters and Vice News, included West making antisemitic statements, peddling various conspiracy theories and describing his delusions of grandeur.
Vice also published a video of the Fox News host making “a series of sexist and misogynistic remarks to members of his staff,” according to the appeal filed in the U.S. Court of Appeals for the 11th Circuit.
Burke is alleged to have gone to great lengths to hide his online activity, which included re-recording the intercepted media onto another device and altering its metadata. The Fox News interview clips posted to Media Matters and Vice appears to have been recorded off of a monitor using a camera.
Burke maintains he did nothing wrong because he obtained the videos from “publicly accessible websites,” and did not hack into any computers.
“We are looking forward to having the full story revealed,” Burke’s attorney, Michael Maddux, told WFLA.com in a statement on Monday. “Tim’s investigative journalism considered in the context of all the circumstances surrounding how the internet works will reveal a different perspective on his work.”
A sentencing for Gaudino has not been scheduled, and could be delayed if he is needed to testify in Burke’s case, Allen said. Gaudino faces up to five years in prison.
For the latest news, weather, sports, and streaming video, head to WFLA.
