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AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Kimberly Wallace, being duly sworn, depose and state the following:

INTRODUCTION

1. I, Kimberly Wallace, am a Special Agent (SA) with Immigration and Customs


Enforcement, Homeland Security Investigations (HSI) and have been so employed since
2010. I am currently assigned to the HSI Resident Agent in Charge Cincinnati, Ohio
office. In connection with my official duties, I investigate violations of federal criminal
laws, including offenses pertaining to United States citizens engaging in illicit sexual
conduct in foreign places (in violation of 18 U.S.C. § 2423(c)).

2. As part of the investigation, I have reviewed documentation and reports provided by and
discussed information with other agents and officers involved in the investigation. For
purposes of this Affidavit, I have not distinguished between information of which I have
direct knowledge and that of which I have hearsay knowledge. Based on the
investigation conducted to date, there is probable cause to believe that Kenneth Bernard
Pius HENDRICKS, a United States citizen, engaged in illicit sexual conduct in a foreign
place, in violation of 18 U.S.C. § 2423(c). I submit this Affidavit in support of a criminal
complaint.

PERTINENT FEDERAL CRIMINAL STATUTE

3. 18 U.S.C. § 2423(c) states that any United States citizen or alien admitted for permanent
residence who travels in foreign commerce or resides, either temporarily or permanently,
in a foreign country, and engages in any illicit sexual conduct with another person shall
be fined under this title or imprisoned not more than 30 years, or both.

Definitions

4. The following definitions apply to this Affidavit:

18 U.S. Code§ 2423(f) the term "illicit sexual conduct" means-

( 1) a sexual act (as defined in section 2246) with a person under 18 years of age that
would be in violation of chapter 109A if the sexual act occurred in the special
maritime and territorial jurisdiction of the United States;

(2) any commercial sex act (as defined in section 1591) with a person under 18 years
~~oc .

(3) production of child pornography (as defined in section 2256(8)).

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18 U.S. Code§ 2246(2) The tenn "sexual act" means-

(A) contact between the penis and the vulva or the penis and the anus, and for
purposes of this subparagraph contact involving the penis occurs upon penetration,
however slight;

(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth
and the anus;

(C) the penetration, however slight, of the anal or genital opening of another by a
hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any person; or

(D) the intentional touching, not through the clothing, of the genitalia of another
person who has not attained the age of 16 years with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of any person;

FACTS SUPPORTING PROBABLE CAUSE

5. On or about November 13, 2018, Homeland Security Investigations (Hsn received


information regarding the sexual exploitation of numerous minor Filipino boys residing
in the area of Naval, Philippines. Infonnation indicated that a Catholic Priest had been
sexually assaulting the minor boys. The Priest has subsequently been identified as
Kenneth Bernard Pius HENDRICKS, a United States citizen, who resides in Naval,
Philippines. Several victims have subsequently been identified and provided statements
to the Philippine National Police (PNP) and ~SI regarding HENDRICKS' repeated
victimization.

Statements Made to Philip_pine National Police

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6. On or about November 6, 2018 , two victims (hereinafter referred to as C.V. and J.V.A.)
provided sworn statements to the PNP regarding the sexual abuse ofC.V., and
other minor Filipino boys committed by HENDRICKS. C.V. and are both
residents of Naval, Biliran, Philippines.

a. C.V. stated that Father Kenneth HENDRICKS, the local parish priest, had started
to sexually abuse him since approximately 2009 when C.V. was approximately 12
years old and served as a sacristan at the church. C.V. stated HENDRICKS initially
kissed C.V. on the lips while C.V. was cleaning the church. C.V. stated that C.V.
assisted HENDRICKS with church service on the weekends which was when C.V.

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The statements were made to the PNP on or about November 6, 2018 and were certified
and filed with the prosecutor on or about November 9, 2018.

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witnessed HENDRICKS touch the penises of other minor males living with
HENDRICKS at the time.

b. C.V. stated that HENDRICKS would beg and insist C.V. to sleep at
HENDRICKS residence and C.V. believed he did not have a choice but to sleep at
HENDRICKS residence. C.V. stated that HENDRICKS would insist that they take a
bath together. C.V. stated HENDRICKS performed oral copulation on him and
performed anal intercourse with HENDRICKS.

c. C.V. stated during high school, C.V. resided with HENDRICKS. HENDRICKS
:financed his schooling and provided help to C.V.'s family. C.V. stated several other
young boys also resided with HENDRICKS during that time. C.V. stated
HENDRICKS would molest him alone or with the other boys. C.V. stated they and
HENDRICKS would perform masturbation, oral copulation, and anal intercourse.

d. C.V. stated HENDRICKS told C.V. that ifC.V. reported the abuse to authorities,
that HENDRICKS and C.V. would both go to jail.

e. C.V. stated when C.V. was 15 years old, C.V. contracted a sexually transmitted
disease. C.V. stated HENDRICKS bought him medicine and when C.V. recovered,
C.V. refused to further engage in sexual relations with HENDRICKS.

f. stated he was currently a grade six pupil. stated he was sexually


abused by Father Kenneth HENDRICKS, the parish priest of Naval, Philippines.

g. stated he was sexually abused by HENDRICKS starting in approximately


2013, when was seven years old. stated that HENDRICKS initially
started by kissing on the face and lips and then touched 's penis.

h. stated HENDRICKS would bathe with naked and HENDRICKS


masturbated 's penis. This would occur approximately three times per week
and HENDRICKS told him not to tell anyone.

i. stated HENDRICKS recently molested in approximately October


2018. stated they took a bath together and HENDRICKS masturbated 's
penis.

Recorded Conversation Between C.V. and HENDRICKS

7. The following are excerpts from a recording provided to HSI, purported to be between
C.V. and HENDRICKS and occurred in November 2018 (note: unintelligible words in
the conversation will be reflected as "U/J"):

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a. HENDRICKS stated at the beginning of the conversation, "Well I 'm waiting/or


the fallouf' and "so I have to wait, the Bishop already is talking about it in Cebu and
uh so, I have to wait for what they are going to decide. "

b. HENDRICKS later stated, "This will probably be the scenario is, there will be a
meeting and then it will be decided, you know, what your parents want to do about
anything. Do they want to try, U/J, want to press charges, uh, whatever see, but that's
between them and the Bishop, I have nothing to do with that. /just get the fallout
afterwards. "

c. C.V. asked HENDRICKS, "Who toldyoufather, that, about it?" to which


HENDRICKS responded "UII told me he saw, had seen you, go to the police station
or you were at the police station." HENDRICKS later asked, "So you told them? And
your bother? "

d. HENDRICKS then stated, "they will decide, ask you what your decision is, what
you 're going to do, whether there will be a case or not or whether, you know, a
settlement, I don't know. But as far as after that, I don't know what's going to
happen. I really will have to probably really resign, retire now."

e. C.V. stated, "Because UII also talked, Father. They tell everything. The truth."
HENDRICKS then stated "Well what did they, what they know? What did they tell?"
C.V. then stated, "about you" to which HENDRICKS responded, "What about
what?" C.V. stated, "about what you were doing, that's what they said UII."
HENDRICKS asked, "What did they say?" to which C.V. stated, "You know if' and
HENDRICKS responded "Alright, well that's what I want to know. They were saying
I did all kinds ofthings to them, but your little brother, I did not. He just stayed
there."

f. HENDRICKS stated, "It depends on what your parents decide I guess. If they
don't want to make a case out of it, what they don't want to do. That's up to them. I
can't tell them what to do. Because, every U//, it's all out, you know, in public now."

g. HENDRICKS stated, "Well, there's no way you can turn the clock back It's
already done, now we go forward and see what's going to happen." C.V. then stated
"What ifI will, my mother and father will post the case Father, will you accept it, tell
the truth?" to which HENDRICKS responded "Whatever your parents decide with
the Bishop. You have to decide with the Bishop. You don't decide with me. All I'm
saying is I will most likely have to retire after this. What I will in retirement, I don't
know yet. That's up to the Bishop what they are going to decide. But anyway, happy
days are gone, it's all over. "

h. C.V. asked, "But the kids, but the kids, Father is telling the truth? They are telling
everything about you Father?" to which HENDRICKS responded "Well, that's, it's

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true. I'm not saying it's not. Did I say it's not? It happened." C.V. then responded
"Yeah" and HENDRICKS stated "It happened. Alright, now we, what are the results
of this and what do they want to do about it? It's up to them."

i. HENDRICKS stated again, "It happened" C.V. later asked, "You admit to have
sex with boys?" to which HENDRICKS responded, "It's already blottered, you put it
on a blotter. Will I lie? It was a mistake on my part. Should have known better than
trying to just have life. " Later HENDRICKS stated, "That's why you make mistakes.
You have to learn from them, so I have to learn. "

Statements Made to Homeland Security Investigations

8. On or about November 26, 2018, Homeland Security Investigations (HSI) Special Agents
interviewed C.V. in Naval, Biliran, Philippines. C.V. stated he is currently 22 years old.

a. C.V. stated that HENDRICKS first sexually abused C.V. in 2009 when C.V. was
approximately 12 years old.

b. C.V. stated that when C.V. was approximately 13 years old, HENDRICKS
inserted a hose and HENDRICKS' fingers into C.V.'s anus while they were
showering together. C.V. stated that HENDRICKS tried anal intercourse with C.V.
but HENDRICKS penis did not fit into C.V.'s anus. C.V. stated that HENDRICKS
switched positions and requested C.V. to perform anal intercourse on HENDRICKS
which C.V. complied.

c. C.V. stated that C.V. performed anal intercourse on HENDRICKS over a dozen
times.

d. C.V. stated that HENDRICKS performed oral copulation on C.V. over thirty
times.

e. C.V. stated that the sexual acts with HENDRICKS stopped in approximately
2015.

f. C.V. stated that when C.V. was fixing HENDRICKS' laptop computer, C.V.
discovered multiple images and videos of perceived child pornography (young boys
C.V. believed to be approximately 11-13 years old). C.V. also stated that C.V. would
watch these videos with HENDRICKS prior to performing sexual acts.

9. On or about November 26, 2018, HSI Special Agents interviewed in Naval,


Biliran, Philippines.

a stated that he was currently 12 years old. stated that HENDRICKS


first sexually abused . when . was approximately seven years old.

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b. . stated that on one occasion, HENDRICKS fondled 's penis and


kissed . from 's chest to .'s stomach.

c. stated that would masturbate HENDRICKS' penis until ejaculation.


stated over the course of the years of sexual abuse, masturbated
HENDRICKS penis approximately forty times.

d. stated that over the course of the years of sexual abuse, HENDRICKS
masturbated 's penis approximately sixty times.

e. stated that HENDRICKS would place HENDRICKS' penis between


's legs where HENDRICKS would masturbate HENDRICKS' penis.

f. stated that HENDRICKS would wipe HENDRICKS' semen on 's


legs then they would bathe together.

g. stated that on or about October 31, 2018, HENDRICKS kissed 's


lips and chest and they took a bath together. stated that later
masturbated HENDRICKS' penis.

10. On or about November 26, 2018, HSI Special Agents interviewed J.D. in Naval, Biliran,
Philippines. J.D. stated he is currently 22 years old.

a. J.D. stated that when J.D. was approximately 14 years old, and while waiting for
church services to start, HENDRICKS asked J.D. if J.D. wanted to take a shower at
HENDRICKS residence. J.D. stated that while J.D. was showering, HENDRICKS
entered the shower with J .D. and began touching J .D.' s chest and fondled J .D.' s
penis. J.D. stated to HENDRICKS ''No Father" and turned away from HENDRICKS
to which HENDRICKS kissed the back of J.D.'s neck and shoulders. J.D. stated
HENDRICKS then kissed the front of J.D.'s neck, chest and stomach and continued
to J.D.'s penis. J.D. stated HENDRICKS began oral copulation on J.D. for
approximately one minute. J.D. stated J.D. pulled away from HENDRICKS.

11. On or about November 27, 2018, HSI Special Agents interviewed G.B. in Naval, Biliran,
Philippines. G.B. stated he is currently 20 years old.

a. G.B. stated G.B. first met HENDRICKS in approximately 2009 when G.B. was
approximately 11 years old and interested in being an altar boy.

b. G.B. stated HENDRICKS first sexually abused G.B. when G.B. was
approximately 13 years old. G.B. stated HENDRICKS removed G.B. 's shorts and
underwear and performed oral copulation on G.B. for several minutes until G.B.
ejaculated.

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c. G.B. stated when G.B. was approximately 14 or 15 years old, G.B. was at
HENDRICKS' residence where HENDRICKS dried G.B. after G.B. took a
bath/shower. After HENDRICKS dried G.B., HENDRICKS then touched and
fondled G.B.'s penis. G.B. stated other altar boys came back to HENDRICKS
residence and HENDRICKS stopped touching G.B.

d. G.B. stated when G.B. was approximately 14 or 15 years old, G.B. was taking a
bath/shower and HENDRICKS entered the shower with G.B. G.B. stated
HENDRICKS lathered soap all over G.B.'s body and tried to kiss G.B. on the lips.
G.B. stated HENDRICKS kissed G.B.'s neck and chest and performed oral
copulation on G.B. for several minutes until G.B. ejaculated semen into
HENDRICKS mouth.

12. On or about November 28, 2018, HSI Special Agents interviewed J.E. in Naval, Biliran,
Philippines.

a. J.E. stated J.E. met HENDRICKS approximately three years ago when J.E. was
approximately 15 years old and interested in becoming an altar boy.

b. J.E. stated when J.E. was approximately 15 years old, HENDRICKS asked J.E.
over to HENDRICKS residence. J.E. stated that while at HENDRICKS residence,
HENDRICKS asked J.E. to take a bath/shower. J.E. stated while in the shower,
HENDRICKS walked in and began touching J.E. by lathering soap on J.E. J.E. stated
he pulled away from HENDRICKS when HENDRICKS moved towards J.E.'s
stomach. J.E. stated J.E. then left HENDRICKS residence.

Record Checks

13. Law enforcement records checks revealed that Kenneth Bernard Pius HENDRICKS is a
United States citizen born on XXIXX/1941 with addresses in Cincinnati, Ohio.

14. Most recent international crossings for HENDRICKS reflected an inbound crossing from
Manila, Philippines (via Taiwan) to Los Angeles, California on or about August 2, 2018
and a departure from Los Angeles, California (via Taiwan) to Manila, Philippines on or
about September 8, 2018.

15. Prior international travel for HENDRICKS listed an arrival to Los Angeles, California
from (via South Korea) from Manila, Philippines on or about June 21, 2017 and departure
from Los Angeles, California (via South Korea) to Manila, Philippines on or about
August 13, 2017. Similar travel was conducted by HENDRICKS between Los Angeles,
California and Manila, Philippines (via Taiwan) with HENDRICKS remaining in the
United States for a similar period of time in 2015 (from July to September) and 2014
(from June to July), respectively.

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16. An open internet search conducted on or about November 23, 2018, listed "Fr. Kenneth
Hendricks" as a missionary in the Philippines from the website of the Archdiocese of
Cincinnati, Ohio.

17. Financial records obtained from fifth Third Bank for statement period June 2018 through
September 2018 list a residence located at Cincinnati, Ohio.

CONCLUSION

18. Based on the evidence described in this affidavit and my experience and training, and the
experience and training of law enforcement personnel with whom I have discussed this
case, there is probable cause to believe that Kenneth Bernard Pius HENDRICKS traveled
in foreign commerce or resided, either temporarily or permanently, in a foreign country
and engaged in illicit sexual conduct with another person in violation of Title 18 U.S.C. §
2423(c).

Respectfully submitted,

Special Agent Kimberly Wallace


Homeland Security Investigations

SUBSCRIBED and SWORN


before me thisJo day of November 2018

ONORABLE STEPHANIE K. BOWMAN


UNITED STATES MAGISTRATE COURT JUDGE