Alleged co-conspirator in Tim Burke, Fox News case agrees to cooperate with feds
TAMPA — The Washington state man accused of conspiring with Tampa media consultant Tim Burke to obtain unauthorized access to online videos pleaded guilty Monday afternoon and has agreed to cooperate with federal prosecutors as they continue their case against Burke.
Marco Gaudino, 24, appeared in a Tampa federal courtroom a little before 2 p.m. He wore a dark T-shirt. His hair was mussed. He spoke softly as he answered a lengthy series of questions from U.S. Magistrate Judge Sean Flynn before pleading guilty to a single conspiracy charge.
Gaudino’s plea adds a new twist to an already complex legal case centered on Burke, who is accused of 14 federal crimes related to his acquisition and publication of videos, including unaired Fox News footage. He has said he did nothing wrong, decrying the case as an affront to his First Amendment rights as a journalist.
It’s not a position Gaudino shared.
“He understands what he did was a crime,” his attorney, Assistant Federal Public Defender Adam Allen, said after Monday’s hearing. “And he understands that there’s consequences for what he did. And he’s prepared to accept those consequences.”
Gaudino signed a plea agreement last month, outlining the charge against him and possible penalties.
The 32-page document, which was filed in court Monday, includes a provision in which Gaudino pledges to “cooperate fully with the United States in the investigation and prosecution of other persons.” That means testifying in court, if necessary. The agreement indicates that Gaudino has already provided information to investigators.
In return, prosecutors agreed to pursue a penalty for Gaudino at the low end of what federal sentencing guidelines suggest. It is unclear what his sentencing range might be. The maximum penalty for the conspiracy charge is five years in prison with a $250,000 fine. Gaudino may also be able to have his sentence reduced after the case is over.
“Tim Burke has never met the man and doesn’t know him at all,” Burke’s attorney, Mark Rasch, said Monday.
Allen, speaking with reporters after the hearing, characterized his client as a naive young man, fascinated by music and TV, who spends “90% of his life in front of a computer screen.”
He has no history of trouble with the law, Allen said.
Gaudino’s mother and two other people sat behind him in the courtroom gallery. He told the judge he’d graduated from high school and attended some college. He said he felt anxious, but that he understood what was happening in court.
His attorney told the judge that Gaudino has been diagnosed with autism spectrum disorder and “adjustment disorder with depressed mood” and that he takes prescribed medication for anxiety and depression.
Assistant U.S. Attorney Jay Trezevant told the judge that Gaudino has been easy to communicate with and flew across the country to meet with prosecutors. Trezevant said the government did not object to Gaudino being released while the case was pending.
The judge ordered Gaudino to remain in the Seattle area, where he lives, and to travel to Florida when needed.
Flynn said he would recommend that a U.S. district judge formally accept the guilty plea. A sentencing date has not been set.
Burke continues to fight the indictment that was filed against him in February.
Federal prosecutors formally charged Gaudino two weeks ago. The charging document alleged that he and Burke exchanged social media and email messages in which they discussed using compromised computer credentials to access online videos.
Burke, 45, is well known for his ability to find and promote obscure videos online. He runs Burke Communications, a consulting company, from the Seminole Heights home he shares with his wife, Tampa City Council member Lynn Hurtak. He ran his wife’s successful campaign last year. Burke has done consulting work for HBO and ESPN and previously wrote for the online news outlets Deadspin and the Daily Beast.
Last May, FBI agents searched his home and seized numerous computers and other devices. The Tampa Bay Times later reported that the search related to a criminal probe of leaked Fox News videos. The footage included behind-the-scenes clips of Tucker Carlson’s show and portions of an interview with Kanye West in which the rapper makes antisemitic comments.
Burke’s attorneys have said he found the videos using credentials obtained through a publicly accessible website. They’ve denied he committed a crime, have asked for his property to be returned and claimed the case violates his press freedom.
