Washington man charged with Tim Burke in Fox News leaks conspiracy case
TAMPA — The person federal investigators say worked with Tampa media consultant Tim Burke to obtain Fox News footage now has a name.
Federal prosecutors filed a new criminal case Friday against a Washington state man, accusing him of conspiring with Burke to obtain unauthorized access to unaired TV footage.
Marco Gaudino faces a single charge of conspiracy. Gaudino appears to be the unnamed co-conspirator referenced in the federal indictment issued in February against Burke.
The charging document describes social media and email messages he exchanged with Burke in which the pair discussed using compromised computer credentials to access videos.
Court records indicate that Gaudino’s case is set for a change-of-plea hearing Monday in Tampa, an indication that he may plead guilty to the charge. It is unclear if he might agree to cooperate with investigators. Records show he is represented by the federal public defender’s office.
“We don’t know anything about this individual,” said Burke’s attorney, Mark Rasch. He declined further comment.
Efforts to reach Gaudino on Friday evening were not successful. A woman listed in public records as a possible relative of his declined to comment when a reporter reached her by phone.
Burke is a nationally recognized media figure known for finding and promoting obscure videos online. From his Tampa home, he runs Burke Communications, a consulting company. He has done work for HBO and ESPN and previously wrote for the online news outlets Deadspin and the Daily Beast.
Burke is married to Tampa City Council member Lynn Hurtak and helped run her successful campaign.
Last May, FBI agents searched the couple’s Seminole Heights home, taking numerous computers and other devices. The Tampa Bay Times later reported that the search related to a criminal probe of alleged leaks of Fox News videos, including behind-the-scenes footage of Tucker Carlson’s show, and portions of an interview with Kanye West in which the rapper makes antisemitic comments.
Burke and his attorneys maintain that he did nothing wrong. They argue that he is a journalist who simply obtained videos using credentials that were publicly available on a website.
A grand jury indicted Burke in February on 14 federal charges.
His attorneys say the seizure of his property and the subsequent prosecution violate his First Amendment rights.
Times staff writer Justin Garcia contributed to this report.
