Court filing
Post-Hearing Brief as to Carl Delano Torjagbo filed by USA re 59 Motion Hearing — Carl Delano Torjagbo (Dkt. 60)
No. 1:22-cr-00171-MLB-RDC · Doc. 60 · Docket on CourtListener
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Case 1:22-cr-00171-MLB-RDC Document 60 Filed 08/21/23 Page 1 of 14
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
v. CRIMINAL ACTION NUMBER
1:22-cr-171-MLB-RDC
CARL DELANO TORJAGBO,
a/k/a KARL LUCIUS DELANO
GOVERNMENT’S POST-HEARING BRIEF
IN OPPOSITION TO DEFENDANT’S MOTION FOR
REVOCATION OF MAGISTRATE JUDGE’S DETENTION ORDER
The United States of America files this post-hearing brief in
opposition to Defendant Torjagbo’s motion for revocation of the
Magistrate Judge’s detention order.
For the reasons stated in the government’s opening brief (Doc. 52)
and at the hearing conducted by the District Court on August 15, 2023,
Torjagbo should be detained. The government has shown by a
preponderance of the evidence that Torjagbo is a flight risk, and by clear
and convincing evidence that he is a danger to the community. See 18
U.S.C. § 3142(e)(1); United States v. King, 849 F.2d 485, 488 (11th Cir. 1988);
United States v. Quartermaine, 913 F.2d 910, 917 (11th Cir. 1990).
The government files brief to clarify its arguments and to provide
additional support for its contention that detention is appropriate.
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1. Torjagbo’s passport
Torjagbo told the Magistrate Judge that he reported to immigration
(not the State Department) that he “lost his passport and citizenship
document.” (Tr. at 37). Torjagbo stated that “[h]e made that report back in
August of 2021.” (Id.).
After the hearing conducted by the District Court, the FBI conducted
additional checks that yielded the following information concerning
Torjagbo’s passport:
On 04/05/2013, Torjagbo became a naturalized U.S. citizen.
On 12/05/2014, Torjagbo obtained his first U.S. passport (last 4
digits 8896), with an expiration date of 12/04/24.
On 05/29/2015, Torjagbo reported to the U.S. Department of
State that his passport (#8896) had been stolen, claiming that it
simply “vanished” from the place where he kept it. That same
day, 05/29/2015, Torjagbo was issued a second U.S. passport
(last 4 digits 6005), with an expiration date of 05/28/25.
On 06/21/2021, Torjagbo reported to U.S. Citizenship and
Immigration Services (USCIS) that his ex-girlfriend had stolen his
passport, naturalization certificate, birth certificate, and Covid
records approximately one month earlier. USCIS subsequently
issued Torjagbo a replacement naturalization certificate.
The State Department has no record of Torjagbo reporting his
2015 passport (#6005) lost or stolen. Torjagbo’s 2015 passport
(#6005) is currently listed in the U.S. Customs and Border Patrol
system as “valid.”
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The State Department (not USCIS) is responsible for issuing
passports. See, e.g., Martinez v. Sec’y of State, 652 F. App’x 758, 764 (11th Cir.
2016) (“Under 22 U.S.C. § 211a and 8 U.S.C. § 1504(a), the Secretary of State
has the authority to ‘grant and issue passports.’”). “To replace a lost or
stolen passport, [the passport holder] must submit Form DS-11 in person”
to the State Department at a Passport Acceptance Facility.
https://travel.state.gov/content/travel/en/passports/have-
passport/lost-stolen.html
Torjagbo knew the correct procedure because he followed the
correct procedure when he reported his 2014 passport stolen. He did not
follow that same procedure in 2021, however, when his 2015 passport was
allegedly stolen. Instead, Torjagbo claims that, in 2021, he reported to
USCIS that his 2015 passport had been stolen. If true, that was a
meaningless gesture, because only the State Department can cancel a lost or
stolen passport. Since Torjagbo’s 2015 passport (#6005) is still valid, he
could use it to exit the United States if released on bond.
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2. Torjagbo’s marital history
Torjagbo told Pretrial Services that he is unmarried. (Tr. at 21). He
recently told a BOP psychologist that he has “never” been married. When
the prosecutor mentioned this at the District Court hearing, Torjagbo did
not dispute what the prosecutor had said.
Post-hearing checks conducted by the FBI yielded the following
information concerning Torjagbo’s marital history:
On 05/25/2002, Torjagbo married Desiree Ann Harrington in
Palm Bay, Brevard County, Florida. A copy of their marriage
certificate is attached hereto as Ex. 1.
On 06/17/2008, Torjagbo was granted IR6 Lawful Permanent
Resident (green card) status in the United States because he filed
a petition stating that he was married to a U.S. citizen. According
to USCIS, Torjagbo’s petition would not have been granted if he
had not provided USCIS with either a marriage certificate or
some other type of evidence to prove that his marriage existed.
There is no logical reason that Torjagbo would lead this Court to
believe that he was never married unless he knew that his marriage was a
sham. Marriage fraud is a federal crime. See 8 U.S.C. § 1325(c) (“Any
individual who knowingly enters into a marriage for the purpose of
evading any provision of the immigration laws shall be imprisoned for not
more than 5 years, or fined not more than $250,000, or both.”).
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3. Torjagbo’s place of birth
Torjagbo told Pretrial Services that he was born in Ghana. But more
recently, Torjagbo told a BOP psychologist that he was born in South
Africa. At least one of those statements has to be false. At the District
Court hearing, Torjagbo made no attempt to explain his conflicting
statements concerning his place of birth, even after the prosecutor raised
the issue.
It is beyond dispute that a defendant’s citizenship status is relevant
to the Court’s bond determination. United States v. Doe, 661 F.3d 550, 566
(11th Cir. 2011). In examining a defendant’s false statement for purposes of
determining whether or not a bond is appropriate, “[t]he relevant
considerations are the kind of information provided and its tendency to
influence the court, not the actual effect of a particular misstatement.
Personal information is a highly relevant factor in determining whether a
defendant should remain in custody or be granted bond, and thus is
material.” Id. at 567 (quoting United States v. Bedolla-Zavala, 611 F.3d 392,
396 (7th Cir. 2010)).
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4. Torjagbo’s cousin, Peter LNU
Torjagbo’s cousin, Peter LNU, appeared at the District Court hearing
and stated that Torjagbo could live with him if he is released on bond. But
Peter admitted that he and his wife are having marital problems, and he
stated that his wife does not want him to use their house as collateral for a
bond.
Moreover, Peter tried to interfere with the FBI’s service of a seizure
warrant for the Lamborghini. The service advisor at MotorCars of Atlanta,
the dealer that sold the vehicle to Torjagbo, told the FBI that he initially
dealt directly with Torjagbo but knew him by the name “Carl Delano.”
A man named Brahim Ganzou contacted the service advisor and
said that he was a friend of Carl’s and would be handling all of Carl’s
affairs while Carl was out of the country dealing with a family emergency.
Two or three weeks later, the FBI called the dealer and said that they
had a seizure warrant for the Lamborghini. The FBI asked the dealer not to
release the vehicle to anyone before the FBI could get there to take
possession of it. The night before the FBI seized the Lamborghini, Ganzou
contacted the dealership about picking up the Lamborghini and was told
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of the seizure warrant. Soon after that, Peter LNU went to the dealership
and said that he was Carl’s cousin. Peter stated that he had flown in from
New York and was now handling Carl’s affairs. Peter demanded to see a
copy of the seizure warrant. The service advisor told Peter that the matter
was between the dealership and the FBI. Again, Peter demanded to see the
warrant. The service advisor said that the matter was between the
dealership and the FBI, and there was nothing he could do for Peter. Peter
then left the dealership.
5. Torjagbo’s access to money
On March 29, 2021, Torjagbo received a fraudulent PPP loan in the
amount of $9,554,425.00. Torjagbo immediately transferred $3 million of
the loan proceeds to a different bank, causing the bank that had funded the
loan to claw back the remaining loan proceeds.
The following month, on April 27, 2021, Torjagbo received a
fraudulent tax refund in the amount of $3,366,240.76. Around the same
time, Torjagbo filed a second bogus tax return, claiming a similar refund of
over $3 million, but the IRS suspected fraud and did not issue the second
refund. Nevertheless, between his fraudulent PPP loan (even after the
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clawback) and his first fraudulent tax refund, Torjagbo had in his
possession a total of $6,366,240.76 in stolen taxpayer funds.
Torjagbo deposited the $6,366,240.76 in fraud proceeds into six
different bank accounts at three different banks:
Chase Bank account #8755, titled in the name of Kremkov
Industries;
PNC account #9499, titled in the name of Kremkov Industries;
PNC account #9814, titled in the name of Carl Torjagbo;
PNC account #9822, titled in the name of Carl Torjagbo;
PNC account #9849, titled in the name of Carl Torjagbo; and
Bank of America account #1199, titled in the name of FlyingJack.
Torjagbo tried to conceal and disguise the source of the fraud money
and make it harder for law enforcement to trace it by engaging in a
sophisticated money laundering operation. The number of accounts
involved and the number of transactions involved make it difficult to
account for every dollar, especially since so much of the money was
withdrawn in cash. In addition to large cash withdrawals, Torjagbo used
online transfers between accounts, wire transfers, checks, cashier’s checks,
debit cards, and credit cards to dispose of and hide the money.
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To date, the FBI has not tried to trace every dollar, only the larger
transactions that resulted in the purchase of significant assets, including
real property, luxury vehicles, and tractor-trailers. The FBI was unable to
locate and seize one of the trailers. If Torjagbo were released on bond, he
could sell the trailer for cash and use the money to flee.
The FBI seized $1,989,502 from the six known U.S. bank accounts
listed above, but more than $1.1 million was withdrawn from those
accounts in cash or used to pay credit card bills and daily living expenses
before the seizure warrants were executed.
In addition, Torjagbo wired $79,000 to his family in Ghana. The
government has no information about where that money is now.
In a post-arrest interview, Torjagbo told FBI agents that he is in the
mining business, which he said is lucrative, and that he has bank accounts
in the Emirates and Africa. The government did not seize any funds from
those accounts. Torjagbo’s own statements concerning the availability of
funds to finance his escape if released on bond may be used against him in
this proceeding. See, e.g., United States v. Dresch, No. CR 21-0071 (ABJ), 2021
WL 2453166, at *5 (D.D.C. May 27, 2021) (finding that the “defendant’s
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own statements” supplied grounds to conclude that he was a flight risk),
appeal dismissed, No. 21-3038, 2021 WL 4760376 (D.C. Cir. Sept. 22, 2021).
Brahim Ganzou told the FBI that Torjagbo’s sister was able to collect
some funds from overseas to help Torjagbo.
At the District Court hearing, Torjagbo did not dispute the
government’s contention that he has sizeable assets that are missing and
unaccounted for.
6. Torjagbo’s Aggravated Identity Theft
Aggravated identity theft, in violation of section 18 U.S.C.
§ 1028A(a)(1), requires “unauthorized and knowing possession of another
person’s means of identification.” United States v. Meme, 832 F. App’x 603,
605–06 (11th Cir. 2020). “The ‘means of identification’ element refers to ‘a
name, social security number, date of birth, or driver’s license number,
among other things.’” United States v. Delva, 922 F.3d 1228, 1249 (11th Cir.
2019).
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In his PPP loan application, Torjagbo fraudulently claimed that one
of his sham companies, Kremkov Industries, employed 493 people. In
support of that application, Torjagbo submitted 71 pages of fake-employee
payroll information, which included Personal Identifying Information
(PII), i.e., the first and last names of the 493 fake employees. In his post-
arrest interview, Torjagbo acknowledged that these were the names of
“real people.” See, e.g., United States v. Doe, 661 F.3d 550, 561 (11th Cir.
2011) (“[I]n order to convict Doe of aggravated identity theft, the
government had to prove that Doe knew the identity he was using
belonged to a real person.”).
It is likely that Torjagbo has other PII for the 493 people he
fraudulent listed as employees of Kremkov Industries, such as dates of
birth and social security numbers, and could use that information to
fraudulently obtain credit cards and loans in their names to finance his
escape if he is released on bond.
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7. Torjagbo’s Sentencing Guidelines
If Torjagbo is convicted of the charges in the current indictment, his
adjusted offense level would be 33:
Guideline Description Value
§ 2B1.1(a)(1) Base Offense Level (bank fraud) 7
§ 2B1.1(b)(1)(J) The amount of loss resulting from the offenses of 20
conviction and all relevant conduct is more than
$9,500,000 but less than $25,000,000.
§ 2B1.1(b)(17)(A) The Defendant derived more than $1,000,000 in 2
gross receipts from one or more financial
institutions as a result of the offense.
§ 2B1.1(b)(10) The offense involved sophisticated means, and 2
the defendant intentionally engaged in or caused
the conduct constituting sophisticated means.
§2S1.1(a), (b)(2)(B) If convicted under 18 U.S.C. § 1956, increase by 2 2
levels.
Adjusted Offense Level 33
Even if Torjagbo were in Criminal History Category I (the lowest
level), his guideline range would be 135-168 months. If Torjagbo were
convicted on even one count of aggravated identity theft, and such charges
will likely be added soon in a superseding indictment, he would be facing
an additional 24 months in prison, for a total sentence of 159-192 months.
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In sum, the charges against Torjagbo are serious, and he is likely
facing a lengthy prison sentence if convicted. The evidence of his guilt is
formidable. Thus, he has tremendous incentive to flee if he is granted a
bond.
Conclusion
For all of the foregoing reasons, this Court should adopt the
Magistrate Judge’s detention order.
Respectfully submitted,
Ryan K. Buchanan
United States Attorney
/s/ John Russell Phillips
Assistant United States Attorney
Georgia Bar No. 576335
600 U.S. Courthouse
75 Ted Turner Drive, SW
Atlanta, GA 30303
(404) 581-6000
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Certificate of Service
I hereby certify that, on August 21, 2023, I electronically filed the
foregoing document with the Clerk of Court using the CM/ECF system.
/s/ John Russell Phillips
Assistant United States Attorney
Georgia Bar No. 576335
600 U.S. Courthouse
75 Ted Turner Drive, SW
Atlanta, GA 30303
(404) 581-6000
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