Court filing
Rule 5(c)(3) Documents Received as to Bernard Okojie — USA v. OKOJIE (Dkt. 10)
Record facts
| Court | U.S. District Court for the Southern District of Georgia |
|---|---|
| Filed | 2022-06-21 |
Summary
Rule 5(c)(3) documents received from the Northern District of Georgia, filed June 21, 2022 as Document 10 in United States v. Okojie, No. 4:22-cr-00084-LGW-BWC, in the U.S. District Court for the Southern District of Georgia. The 30-page transmittal includes the docket of magistrate case 1:22-mj-00536-CCB, which records Bernard Okojie's arrest and initial appearance on June 17, 2022 before Magistrate Judge Christopher C. Bly. The docket states that he orally waived an identity hearing and was released on a $10,000.00 bond. The attached indictment charges conspiracy to commit wire and bank fraud under 18 U.S.C. § 1349, wire fraud under 18 U.S.C. § 1343 and money laundering conspiracy under 18 U.S.C. § 1956(h). It alleges that from May 2020 through January 2021 he submitted no less than ten EIDL applications to the SBA.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 4:22-cr-00084-LGW-BWC Document 10 Filed 06/21/22 Page 1 of 30
CLOSED
U.S. District Court
Northern District of Georgia (Atlanta)
CRIMINAL DOCKET FOR CASE #: 1:22−mj−00536−CCB All Defendants
Case title: USA v. Okojie Date Filed: 06/17/2022
Other court case number: CR422−0084 USDC, Southern Date Terminated: 06/17/2022
District of Georgia, Savannah
Assigned to: Magistrate Judge
Christopher C. Bly
Defendant (1)
Bernard Okojie represented by Judy A. Fleming
TERMINATED: 06/17/2022 Federal Defender Program Inc.−Atl
Suite 1500, Centennial Tower
101 Marietta Street, NW
Atlanta, GA 30303
404−688−7530
Fax: 404−688−0768.
Email: Judy_Fleming@FD.Org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community
Defender Appointment
Pending Counts Disposition
None
Highest Offense Level (Opening)
None
Terminated Counts Disposition
None
Highest Offense Level
(Terminated)
None
Complaints Disposition
18:1349.F Attempt and
Conspiracy to Commit Fraud
1
Case 4:22-cr-00084-LGW-BWC Document 10 Filed 06/21/22 Page 2 of 30
Plaintiff
USA represented by Alex R. Sistla
Office of the United States
Attorney−ATL600
Northern District of Georgia
600 United States Courthouse
75 Ted Turner Dr., S.W.
Atlanta, GA 30303
404−581−6000
Fax: 404−581−6181
Email: alex.sistla@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Date Filed # Page Docket Text
06/17/2022 Arrest (Rule 40) of Bernard Okojie (jpa) (Entered: 06/21/2022)
06/17/2022 1 Minute Entry for proceedings held before Magistrate Judge Christopher C. Bly:
Initial Appearance in Rule 5(c)(3) Proceedings as to Bernard Okojie held on
6/17/2022. Defendant ORALLY WAIVES identity hearing. Bond Hearing. Bond
set at $10,000.00. Defendant released. (Attachments: # 1 Indictment, # 2 SW
return) (Tape #FTR) (jpa) (Entered: 06/21/2022)
06/17/2022 2 ORDER APPOINTING FEDERAL PUBLIC DEFENDER Judy Fleming as to
Bernard Okojie. Signed by Magistrate Judge Christopher C. Bly on 6/17/22. (jpa)
(Entered: 06/21/2022)
06/17/2022 3 Appearance Bond on Rule 5(c)(3) Entered as to Bernard Okojie in amount of
$10,000.00. (jpa) (Entered: 06/21/2022)
06/17/2022 4 ORDER Setting Conditions of Release as to Bernard Okojie. Signed by
Magistrate Judge Christopher C. Bly on 6/17/22. (jpa) (Entered: 06/21/2022)
06/17/2022 Magistrate Case Closed. Defendant Bernard Okojie terminated. (jpa) (Entered:
06/21/2022)
06/21/2022 ELECTRONIC Transmittal of Rule 5(c)(3) Documents as to Bernard Okojie, sent
to USDC, Southern District of Georgia. (docket sheet with attachments) (jpa)
(Entered: 06/21/2022)
2
Case 4:22-cr-00084-LGW-BWC Document 10 Filed 06/21/22 Page 3 of 30
MIME−Version:1.0
From:ganddb_efile_notice@gand.uscourts.gov
To:CourtMail@localhost.localdomain
Bcc:
−−Case Participants: Judy A. Fleming (gajude@yahoo.com, ganat_ecf@fd.org,
jenny_moore@fd.org, judy_fleming@fd.org), Alex R. Sistla (alex.sistla@usdoj.gov,
caseview.ecf@usdoj.gov, nancy.blandford@usdoj.gov,
usagan.criminaldocketing−courtnotices@usdoj.gov, usagan.motionsresponses@usdoj.gov),
Magistrate Judge Christopher C. Bly (ganddb_efile_ccb@gand.uscourts.gov)
−−Non Case Participants:
−−No Notice Sent:
Message−Id:12615249@gand.uscourts.gov
Subject:Activity in Case 1:22−mj−00536−CCB USA v. Okojie Arrest − Rule 40
Content−Type: text/html
U.S. District Court
Northern District of Georgia
Notice of Electronic Filing
The following transaction was entered on 6/21/2022 at 2:48 PM EDT and filed on 6/17/2022
Case Name: USA v. Okojie
Case Number: 1:22−mj−00536−CCB
Filer:
Document Number: No document attached
Docket Text:
Arrest (Rule 40) of Bernard Okojie (jpa)
1:22−mj−00536−CCB−1 Notice has been electronically mailed to:
Alex R. Sistla     alex.sistla@usdoj.gov, caseview.ecf@usdoj.gov, nancy.blandford@usdoj.gov,
USAGAN.CriminalDocketing−CourtNotices@usdoj.gov, USAGAN.motionsresponses@usdoj.gov
Judy A. Fleming     Judy_Fleming@FD.Org, gajude@yahoo.com, GANAT_ECF@FD.ORG,
jenny_moore@fd.org
1:22−mj−00536−CCB−1 Notice has been delivered by other means to:
3
Case Case
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document110Filed
Filed
06/17/22
06/21/22
Page 1
Page
of 14 of 30
;\ ~GISTRA TE'S CRIMINAL MINUTES - REMOVALS (Rule 5& 5.1) FILED IN OPEN COURT
DATE: 6/ 17 /2022 @ IJ:5/
TAPE: FTR
------
TIME IN COURT:
MAGISTRATE JUDGE CHRISTOPHER C. BLY COURTROOM DEPUTY CLERK: JAMES JARVIS
CASE NUMBER: 1:22-MJ-536-CCB DEFENDANT'S NAME: Bernard Okojie
AUSA: Alex Sistla DEFENDANT'S ATTY: Judy Fleming
USPO / PTR: ( ) Retained ( ) CJA ( X ) FOP ( ) Waived
EXHIBITS □ Yes □ No
✓ARREST DATE ~/ ara}..
~ I appearance hearin~eld . t..--1Jefendant informed of rights.
Interpreter sworn :
COUNSEL
/ 4 R appointing Federal Defender as counsel for defendant.
ORDER appointing as counsel for defendant.
ORDER: defendant to pay attorney's fees as follows:
IDENTITY/ PRELIMINARY HEARING
/ 4endant ORALLY WAIVES identity hearing . WAIVER FILED
Identity hearing HELD. Def is named def. in indictment/complaint; held for removal to other district.
Defendant ORALLY WAIVES preliminary hearing in this district only. WAIVER FILED
Preliminary hearing HELD. Probable cause found; def. held to District Court for removal to other district
Commitment issued . Detention hearing to be held in charging district
BOND/PRETRIAL DETENTION HEARING
Government motion for detention filed . @
Pretrial hearing set for @ () In charging district.)
/ 2nd/Pretrial detention hearing held.
Government motion for detention ( ) GRANTED () DENIED
_ _?trial detention ordered. _ _ Written~r to follow .
_ /_ BOO~ND set at j}Q,oq} VN ON-SURETY SURETY
•
cash property corporate surety ONLY
SPECIAL CONDITIONS:
V Defendant released .
Bond not executed . Defendant to remain in Marshal's custody.
Motion verbal) to reduce/revoke bond filed .
--
Motion to reduce/revoke bond GRANTED DENIED
See page 2
4
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
Page 1
Pageof 5
17of 30
U. S. DISTRICT COURT
Southern Dletrlct of 0«.
Filed In OfflGe
Pm ^
UNITED STATES DISTRICT COURT-
SOUTHERN DISTRICT OF GEORG4A Deputy Clerk
SAVANNAH DIVISION
UNITED STATES OF AMERICA INDICTMENT NO.
CR422 -008 4
V. 18 U.S.C. § 1349
Conspiracy to Commit Wire and
BERNARD OKOJIE Bank Fraud
18 U.S.C. § 1343
Wire Fraud
18 U.S.C. § 1956(h)
Money Laundering Conspiracy
THE GRAND JURY CHARGES THAT:
At all times relevant to this Indictment:
INTRODUCTION
1. Beginning in or about May 2020 and continuing until in or about
January 2021, BERNARD OKOJIE led a scheme to defraud the United States by
submitting Economic Injury Disaster Loan ("EIDL") applications to the U.S. Small
Business Administration ("SBA")for non-existent companies.
2. OKOJIE submitted these EIDL applications in his name, on behalf of
companies he had made up, and in the names of others. For the EIDLs he submitted
for others, he took a percentage of the fraudulent proceeds for his services
orchestrating the fraud.
3. OKOJIE then ran the fraudulent proceeds through multiple bank
accounts in the names of various companies in an effort to launder the funds.
5
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
Page 2
Pageof 6
17of 30
4. Through this scheme, OKOJIE sought to take advantage of a program
meant to help struggling businesses during a global pandemic, and to defraud the
United States out of millions of dollars through the fraudulent EIDL applications he
submitted.
5. OKOJIE committed this vast fraud scheme to enrich himselfin the form
of massive amounts of cash. He then used these funds for his own personal benefit,
including spending thousands of dollars spent at stores like Gianni Versace and
others.
The Defendant and His Purported Businesses
6. OKOJIE was an individual residing in Georgia who submitted EIDL
applications for individuals in several states, including for an individual residing in
the Southern District of Georgia.
7. B&K FREIGHT LLC was a Georgia limited liability company owned and
controlled by OKOJIE.
8. K0JIE9 LC was a Georgia limited liabihty company owned and
controlled by OKOJIE.
9. OKOJIE claimed ownership in many businesses that were purportedly
located in Georgia, hut were not actually in existence and were not registered
corporate entities, including:
a. Kojie9 Home Care LLC, a purported Georgia health services
business;
6
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
Page 3
Pageof 7
17of 30
b. Kojie9 Plumbing Service LLC, a purported Georgia construction and
contractors business; and
c. B & K Automobile Sale Inc., a purported Georgia car dealership.
The COVID-19 Pandemic and the CARES Act
10. The Coronavirus Aid, Relief, and Economic Security("CARES")Act was
a federal law enacted in or about March 2020 designed to provide emergency financial
assistance to the millions who are suffering the economic effects caused by the
COVID-19 pandemic.
11. Among other relief efforts, the United States sought to provide financial
support to eligible businesses that could be used to offset certain business expenses.
12. The SBA was an executive branch agency of the United States
government that provided support to entrepreneurs and small businesses. The SBA
was headquartered in Washington, DC and maintained its computer servers outside
of the State of Georgia. The SBA's mission was to maintain and strengthen the
nation's economy by enabling the establishment and viability of small businesses and
by assisting in the economic recovery of communities after disasters.
13. As part of this effort, the SBA enabled and provided for loans through
banks, credit unions, and other lenders. These loans have government-backed
guarantees. In addition, the SBA provided loans that came directly from the U.S.
Government.
7
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
Page 4
Pageof 8
17of 30
Economic Injury Disaster Loans
14. One source of relief provided by the CARES Act was the authorization
for the SBA to provide EIDLs to eligible small businesses experiencing substantial
financial disruption due to the COVID-19 pandemic.
15. In order to obtain an EIDL, a qualifying business had to submit an
online apphcation to the SBA and provide information about its operations, such as
the number of employees, gross revenues for the twelve-month period preceding the
disaster, and the cost of goods the business sold in the twelve-month period preceding
the disaster. In the case of EIDLs, the twelve-month period was that preceding
January 31, 2020. The applicant also had to certify that all the information in its
application was true and correct to the best of the applicant's knowledge.
16. EIDL applications were submitted directly to the SBA online at
https://covidl9relief.sba.gOv/#/ and processed by the agency with support from a
government contractor. Rapid Finance. The amount of each loan was determined
based, in part, on the information provided by the application about employment,
revenue, and cost of goods, as described above. Any funds issued under an EIDL were
issued directly by the SBA.
17. EIDL funds could be used for payroll expenses, sick leave, production
costs, and business obligations, such as debts, rent, and mortgage payments.
The Pavcheck Protection Program
18. Another source of relief provided by the CARES Act was the
authorization of up to $349 biUion in forgivable loans to small businesses for job
8
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
Page 5
Pageof 9
17of 30
retention and certain other expenses, through a program referred to as the Paycheck
Protection Program ("PPP"). In or around April 2020, Congress authorized over $300
billion in additional PPP funding.
19. In order to obtain a PPP loan, a qualifying business had to submit a PPP
loan application signed by an authorized representative ofthe business. The PPP loan
application required the business (through its authorized representative) to
acknowledge the program rules and make certain affirmative certifications in order
to be eligible to obtain the PPP loan. In the PPP loan application, the small business
(through its authorized representative) had to state, among other things, its: (a)
average monthly payroll expenses; and (b) number of employees. These figures were
then used to calculate the amount of money the small business was eligible to receive
under the PPP. In addition, a business applying for a PPP loan had to provide
documentation showing its payroll expenses.
20. A PPP loan application must be processed by a participating lender,
such as a financial institution. If a PPP loan is approved, the participating lender
funds the PPP loan using its own monies, which are 100% guaranteed by the SBA.
Data from the application, including the information about the borrower, the total
amount of the loan, and the listed number of employees, is transmitted by the lender
to the SBA in the course of processing the loan.
21. The PPP loan proceeds must be used by the business on certain
permissible expenses—^payroll costs, interest on mortgages, rent, and utilities. The
PPP allows the interest and principal of the PPP loan to be entirely forgiven if the
9
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document1-10 Filed
Filed
06/17/22
06/21/22Page
Page
6 of10
17of 30
business spends the loan proceeds on these expense items within a designated period
of time and uses a certain percentage of the PPP loan proceeds on payroll expenses.
10
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document1-10 Filed
Filed
06/17/22
06/21/22Page
Page
7 of11
17of 30
COUNT ONE
Conspiracy to Commit Wire and Bank Fraud
18 U.S.C. § 1349
22. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 21 of this Indictment as if fully set
forth herein.
23. Beginning in or about May 2020 and continuing until in or about
January 2021, in the Southern District of Georgia, and elsewhere, the Defendant,
BERNARD OKOJIE,
with other co-conspirators, known and unknown, did conspire, confederate, and agree
with each other to commit the following offenses:
a. wire fraud, that is, to devise and intend to devise a scheme and
artifice to defraud individuals and to obtain money and property by means of
materially false and fraudulent pretenses, representations and promises, and
for the purpose of executing this scheme, and attempting to do so, caused to be
transmitted by means of wire communication in interstate commerce signals
and sounds, all in violation of Section 1343 of Title 18 of the United States
Code; and
b. bank fraud, that is, to knowingly execute or attempt to execute a
scheme and artifice to obtain any of the moneys, funds, credits, assets,
securities, and other property under the custody and control of a financigd
institution by means of false and fraudulent pretenses, representations, and
promises, all in violation of Section 1344 of Title 18 of the United States Code.
11
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document1-10 Filed
Filed
06/17/22
06/21/22Page
Page
8 of12
17of 30
The Object of the Conspiracy
24. It was the object ofthe conspiracy for OKOJIE and others to unlawfully
enrich themselves by, among other things, obtaining EIDL and PPP proceeds under
false and fraudulent pretenses, including by making false statements about
OKOJIE's and his coconspirators' companies' gross revenue.
Manner and Means
25. It was part of the conspiracy, and the manner and means thereof, that
OKOJIE submitted, or caused to be submitted, one or more false and fraudulent
applications for PPP loans to financial institutions, and multiple electronic
applications for EIDLs from the SBA at https://covidl9relief.sba.gOv/#/, knowing the
same to contain material false representations.
26. From May 2020 through January 2021, OKOJIE submitted, or caused
to be submitted, no less than ten different EIDL applications to the SBA on behalf of
various businesses purportedly owned and operated by OKOJIE. In each, OKOJIE
falsely affirmed that the businesses had substantial gross revenue in the twelve
months prior to January 31, 2020, including but not limited to:
a. On June 25, 2020, applying for an EIDL for "Bernard Okojie," and
falsely stating that "Bernard Okojie" had $180,000 in gross revenue
in the twelve months prior to January 31, 2020;
b. On June 27, 2020, applying for an EIDL for "kojieO 11c," and falsely
stating that "kojieO 11c" had $160,000 in gross revenue in the twelve
months prior to January 31, 2020;
12
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document1-10 Filed
Filed
06/17/22
06/21/22Page
Page
9 of13
17of 30
c. On July 31, 2020, applying for an EIDL for "kojieO home care lie,"
and falsely stating that "kojieO home care Uc" had $238,000 in gross
revenue in the twelve months prior to January 31, 2020;
d. On August 1, 2020, applying for an EIDL for "kojieO plumbing service
11c," and falsely stating that "kojieO plumbing service 11c" had
$219,900 in gross revenue in the twelve months prior to January 31,
2020;
e. On September 27, 2020, applying for an EIDL for"B & K Automobile
Sale Inc" and falsely stating that "B & K Automobile Sale Inc" had
$268,000 in gross revenue in the twelve months prior to January 31,
2020;
f. On October 16, 2020, applying for an EIDL for "kojie911c," and falsely
stating that "kojie9 11c" had $243,600 in gross revenue in the twelve
months prior to January 31, 2020; and
g. On January 12, 2021, applying for an EIDL for "B & k Freight LLC,"
and falsely stating that "B & k Freight LLC" had $187,000 in gross
revenue in the twelve months prior to January 31, 2020.
27. From July 2020 through August 2020, OKOJIE also submitted, or
caused to be submitted, at least eight different EIDL apphcations to the SBA on
behalf of various businesses purportedly owned and operated by individuals known
to OKOJIE. In return, the individuals paid OKOJIE a kickback in the form of a
percentage of the EIDL amount received. In each, OKOJIE falsely affirmed that the
13
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
PagePage
10 of14
17of 30
businesses had substantial gross revenue in the twelve months prior to January 31,
2020, including but not limited to:
a. On July 14, 2020, applying for an EIDL for Individual 1 of Locust
Grove, Georgia, and falsely stating that Individual I's business had
$233,900 in gross revenue in the twelve months prior to January 31,
2020;
b. On July 16, 2020, applying for an EIDL for Individual 2 of Macon,
Georgia, and falsely stating that Individual 2's business had
$242,800 in gross revenue in the twelve months prior to January 31,
2020;
c. On July 20, 2020, applying for an EIDL for Individual 3 of Jonesboro,
Georgia, and falsely stating that Individual 3's business had
$234,000 in gross revenue in the twelve months prior to January 31,
2020;
d. On July 21, 2020, applying for an EIDL for Individual 4 of Savannah,
Georgia, and falsely stating that Individual 4's business had
$246,800 in gross revenue in the twelve months prior to January 31,
2020;
e. On July 21, 2020, applying for an EIDL for Individual 5 of Gloster,
Mississippi, and falsely stating that Individual 5's business had
$244,500 in gross revenue in the twelve months prior to January 31,
2020;
10
14
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
PagePage
11 of15
17of 30
f. On July 23, 2020, applying for an EIDL for Individual 6 of McComb,
Mississippi, and falsely stating that Individual 6's business had
$246,900 in gross revenue in the twelve months prior to January 31,
2020;
g. On August 4,2020, applying for an EIDL for Individual 7 of McComb,
Mississippi, and falsely stating that Individual 7's business had
$244,900 in gross revenue in the twelve months prior to January 31,
2020; and
h. On August 7, 2020, applying for an EIDL for Individual 8 of
Lawrenceville, Georgia, and falsely stating that Individual S's
business had $238,500 in gross revenue in the twelve months prior
to January 31, 2020.
28. It was further a part of the scheme that, after individuals for whom
OKOJIE applied for EIDLs received their loan payments from the SBA, OKOJIE
would receive a percentage of the fraudulent loan for his role in obtaining the
fraudulent loan. Individuals made these payments to OKOJIE by depositing money
into a bank account in the name of one of OKOJIE's "businesses." These payments
include:
a. A July 24, 2020 payment of $14,040 from Individual 3;
b. A July 27, 2020 payment of $30,575 from Individual 5;
c. A July 31, 2020 payment of $18,495 from Individual 4;
d. A July 31, 2020 payment of $15,510 from Individual 6;
11
15
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
PagePage
12 of16
17of 30
e. An August 13, 2020 payment of $15,375 from Individual 7;
f. An August 17, 2020 payment of $17,550 from Individual 1;
g. An August 20, 2020 payment of $17,745 from Individual 8; and
h. An August 24, 2020 payment of $18,210 from Individual 2.
29. It was further part ofthe conspiracy that OKOJIE submitted, or caused
to be submitted, one or more PPP applications containing representations that
OKOJIE then and there knew to be false and fraudulent,including a PPP application
to Lender 1, a financial institution, for a food services business in the name ofBernard
Okojie. In connection with this PPP application, OKOJIE submitted, or caused to be
submitted, a fake tax document to Lender 1 with fake gross receipt numbers.
All in violation of Title 18, United States Code, Section 1349.
12
16
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
PagePage
13 of17
17of 30
COUNT TWO
Wire Fraud
18 U.S.C. §§ 1343 and 2
30. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 21 of this Indictment as if fully set
forth herein.
31. On or about July 21, 2020, in the Southern District of Georgia, and
elsewhere, the Defendant,
BERNARD OKOJIE
aided and abetted by others, devised and intended to devise a scheme to defraud the
United States, and to obtain money and property, by means of materially false and
fraudulent pretenses, representations, and promises, and for the purpose ofexecuting
the scheme and artifice and to obtain money and property, caused interstate and
foreign wire communications to be made,in furtherance of the scheme and artifice to
defraud, to wit, the online submission of an EIDL apphcation ending in 9966 in the
name of Individual 4, who was claimed by OKOJIE in EIDL application 9966 to
operate a seven-employee health services business in Savannah, Georgia that had 12-
month gross revenue prior to January 31, 2020 of $246,800.00, when in truth and in
fact, and as OKOJIE then and there knew. Individual 4 operated no such business
and had no such revenue.
All in violation of Title 18, United States Code, Sections 1343 and 2.
13
17
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
PagePage
14 of18
17of 30
COUNT THREE
Money Laundering Conspiracy
18 U.S.C. § 1956(h)
32. The Grand Jury re-alleges and incorporates by reference the factual
allegations contained in paragraphs 1 through 21 of this Indictment as if fully set
forth herein.
33. From in or about May 2020 up to and continuing until in or about
January 2021, in the Southern District of Georgia and elsewhere, the Defendant,
BERNARD OKOJIE
and others known and unknown, willfully and knowingly did combine, conspire,
confederate, and agree together and with each other to commit money laundering, in
violation of Title 18, United States Code, Sections 1956(a)(l)(B)(i), 1956(a)(l)(B)(ii),
and 1957.
34. It was part and an object of the conspiracy that OKOJIE, and others
known and unknown, knowing that the property involved in certain financial
transactions represented the proceeds of some form of unlawful activity, would and
did conduct and attempt to conduct such financial transactions that in fact involved
the proceeds of specified unlawful activity, that is, the wire and bank fraud schemes
and conspiracy charged in Counts One and Two of this Indictment, knowing that the
transactions were designed in whole and in part to conceal and disguise the nature,
the location, the source, the ownership, and the control of the proceeds of specified
unlawful activity, in violation ofTitle 18, United States Code, Section 1956(a)(l)(B)(i).
35. It was also a part and an object of the conspiracy that OKOJIE, and
others known and unknown, knowing that the property involved in certain financial
14
18
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
PagePage
15 of19
17of 30
transactions represented the proceeds of some form of unlawful activity, would and
did conduct and attempt to conduct such financial transactions that in fact involved
the proceeds of specified unlawful activity, that is, the wire and bank fraud schemes
and conspiracy charged in Counts One and Two of this Indictment, knowing that the
transactions were designed in whole and in part to avoid a transaction reporting
requirement under State and Federal law,in violation ofTitle 18, United States Code,
Section 1956(a)(l)(B)(ii).
36. It was also part and an object of the conspiracy that OKOJIE, and
others known and unknown, within the United States, knowingly engaged and
attempted to engage in monetary transactions in criminally derived property of a
value greater than $10,000.00 that was derived from specified unlawful activity, that
is, fraud schemes involving COVID-19 stimulus funds, including EIDL funds and
PPP funds, in violation of Title 18, United States Code, Section 1957.
All in violation of Title 18, United States Code, Section 1956(h).
15
19
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
PagePage
16 of20
17of 30
FORFEITURE ALLEGATION
The allegations contained in Counts One through Three of this Indictment are
hereby re-alleged and incorporated by reference for the purpose of alleging forfeitures
pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and 982(a) and Title
28, United States Code, Section 2461(c).
Upon conviction of one or more of the offenses in violation of Title 18, United
States Code, Sections 1349 and 1343 set forth in Counts One and Two of this
Indictment, DEFENDANT shall forfeit to the United States of America, pursuant to
Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code,
Section 2461(c), any property constituting, or derived from, proceeds obtained,
directly or indirectly, as a result of such violation.
Additionally, upon conviction of violating Title 18, United States Code, Section
1956(h) as alleged in Count Three of this Indictment, DEFENDANT shall forfeit to
the United States of America, pursuant to Title 18, United States Code, Section
982(a), any property, real or personal, involved in the offense, or any property
traceable to such property.
If any of the property described above, as a result of any act or commission of
the defendant:
a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third party;
c. has been placed beyond the jurisdiction of the court;
d. has been substantially diminished in value; or
16
20
CaseCase
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document
1-110Filed
Filed
06/17/22
06/21/22
PagePage
17 of217of 30
e. has been commingled with other property which cannot be
divided without difficulty,
the United States of America shall be entitled to forfeiture of substitute property
pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title 28,
United States Code, Section 2461(c).
A True Bill.
FoX trptrx S3U1X
David H. Estes JokiajJat^ A. Porter
United States Attorney Assistant United States Attorney
*Lead Counsel
Patricia G. Rhodes 'atrick J. ScHwedler
Assistant United States Attorney Assistant United States Attorney
Chief, Criminal Division *Co-lead Counsel
17
21
. - - - - - - - - ~ - - - - - - - - - - -- - - -- -- - - - -- - - ------ --- -
Case Case
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document 210 Filed
Filed
06/17/22
06/21/22Page 1
Pageof 1
22 of 30
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs. CRIMINAL CASE NO.
1:22-MJ-536-CCB
BERNARD OKOJIE,
Defendant.
ORDER APPOINTING COUNSEL
JUDY FLEMING
The above-named defendant has testified under oath or has filed with the
Court an affidavit of financial status and hereby satisfied this Court that he or
she is financially unable to employ counsel.
Accordingly, the FEDERAL DEFENDER PROGRAM, INC., is hereby
appointed to represent this defendant in the above-captioned case unless
relieved by an Order of this Court or by Order of the Court of Appeals.
Dated at Atlanta, Georgia this 17th day of June, 2022.
CHRISTOPHER C. BLY
UNITED STATES MAGIS
23
Case Case
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document 310 Filed
Filed
06/17/22
06/21/22Page 1
Pageof 23 of 30
' A098 (Rev. 12/ 1l ) Appearance Bond Page I
UNITED STATES DISTRICT COURT
for the
Northern District of Georgia
United States of America )
V. )
) Case No. I :22-MJ-536-CCB
Bernard Okojie
)
Defendant )
APPEARANCE BOND
Defendant's Agreement
I, BERNARD OKOJIE (defendant) , agree to follow every order of this court, or any
court that considers this case, and l further agree that this bond may be forfeited ifl fail:
( X ) to appear for court proceedings;
( X ) if convicted, to surrender to serve a sentence that the court may impose; or
( X ) to comply with all conditions set forth in the Order Setting Conditions of Release.
Type of Bond
( ) (I) This is a personal recognizance bond.
( X) (2) This is an unsecured bondof$_ 10~00_0_ _ _ _ _ _ _ _ __
( ) (3) This is a secured bond of =-- - - - - - - - - - - ' secured by:
( ) (a) $ - - -- - - - - ~ in cash deposited with the court.
( ) (b) the agreement of the defendant and each surety to forfeit the following cash or other property
(describe the cash or other property, including claims on it - such as a lien, mortgage, or loan - and attach proof of
ownership and value):
If th is bond is secured by real property, documents to protect the secured interest may be filed of record.
( ) ( c) a bail bond with a solvent surety (attach a copy of the bail bond, or describe it and identify the surety) :
Forfeiture or Release of the Bond
Forfeiture of the Bond. This appearance bond may be forfeited if the defendant does not comply with the above
agreement. The court may immediately order the amount of the bond surrendered to the United States, including the
security for the bond, if the defendant does not comply with the agreement. At the request of the United States, the court
may order a judgment of forfeiture against the defendant and each surety for the entire amount of the bond, including
interest and costs.
Release of the Bond. The court may order this appearance bond ended at any time. This bond will be satisfied and the
security will be released when either: (1) the defendant is found not guilty on all charges, or (2) the defendant reports to
serve a sentence.
24
Case Case
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document 310 Filed
Filed
06/17/22
06/21/22Page 2
Pageof 24 of 30
AO 98 (Rev. 12/ 11 ) Appearance Bond Page2
Declarations
Ownership of the Property. I, the defendant - and each surety - declare under penalty of perjury that:
(1) all owners of the property securing this appearance bond are included on the bond;
(2) the property is not subject to claims, except as described above; and
(3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value
while this appearance bond is in effect.
Acceptance. I, the defendant - and each surety - have read this appearance bond and have either read all the conditions
of release set by the court or had them explained to me. I agree to this Appearance Bond. I, t defendant - and each
surety- declare under penalty of perjury that this information is true. (See 28 U.S.C. § 1 6.
Date: 6/17/2022
(1) Surety/property owner - printed name ( I) Surety/property owner- signature and date
(I) Surety/property owner 's address ( I) Surety/property owner's city/state/zip
(2) Surety/property owner - printed name (2) Surety/property owner - signature and date
(2) Surety/property owner's address (2) Surety/property owner 's city/state/zip
(3) Surety/property owner - printed name (3) Surety/property owner - signature and date
(3) Surety/property owner's address (3) Surety/p roperty owner's city/state/zip
CLERK OF COURT
Date: _ _ _ _ __
Signature of Clerk or Deputy Clerk
APPROVED
Date: 6/17/2022
25
Case Case
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document 410 Filed
Filed
06/17/22
06/21/22Page 1
Pageof 4
25 of 30
AO 199A (Rev. / 2/ 11) OrderSellingConditionsofRelease Page I of 4 Pages
UNITED STATES DISTRICT COURT
for the
NORTHERN DISTRICT OF GEORGIA
UNITED STATES OF AMERICA )
V. )
) Case No.: 1:22-MJ-536-CCB
BERNARD OKOJIE )
Defendant )
ORDER SETTING CONDITIONS OF RELEASE
IT IS ORDERED that the defendant 's release is subject to these conditions:
(1) The defendant must not violate federal, state, or local law while on release.
(2) The defendant must cooperate in the collection of a DNA sample if it is authorized by 42 U.S.C. § 14135a.
(3) The defendant must advise the court or the pretrial services office or supervising officer in writing before making any
change of residence or telephone number.
(4) The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that the
court may impose.
The defendant must appear:
Place
on
Date and Time
If blank, defendant will be notified of next appearance.
(5) The defendant must sign an Appearance Bond, if ordered
26
Case Case
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document 410 Filed
Filed
06/17/22
06/21/22Page 2
Pageof 4
26 of 30
AO 199B (Rev. 12/20) Additional Conditions of Release Page _1_ of ___i_ Pages
ADDITIONAL CONDITIONS OF RELEASE
Pursuant to 18 U.S.C. § 3142( c)( I )(B), the court may impose the following least restrictive condition(s) only as necessary to reasonably assure the
appearance of the person as required and the safety of any other person and the community.
IT IS FURTHER ORDERED that the defendant's release is subject to the conditions marked below:
) (6)
The defendant is placed in the custody of:
Person or organization
Address (only if above is an organization)
City and state _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Tel. No. _ _ _ _ _ _ _ _ _ _ __
who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant's appearance at all court proceedings, and (c) notify the court
immediately if the defendant violates a condition of release or is no longer in the custodian ' s custody.
Signed:
Custodian Date
( X ) (7) The defendant must:
( X ) (a) submit to supervision by and report for supervision to the U. S. Probation Office
telephone number (404) 215-1950 , no later than before leaving the courtho__
us_e_ __
( X ) (b) continue to actively seek or maintain employment.
( ) (c) continue or start an education program .
( X ) (d) surrender any passport to: ~...:. S. Probation Officeb '1
( X ) (e) not obtain a passport or other international travel document.
.J.,~ 1..1 t
I
( ) (f) abide by the following restrictions on personal association, residence, or travel:
( X ) (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution,
including:
) (h) get medical or psychiatric treatment:
) (i) return to custody each at o ' clock after being released at _ _ _ _ _ o ' clock for employment, schooling,
or the follow ing purposes:
) U) maintain residence at a halfway house or community corrections center, as the pretrial services office or superv ising officer considers
necessary.
( X ) (k) not purchase, possess or acquire a firearm , destructive device, or other weapon.
( X ) (I) not use alcohol ( ) at all ( X ) excessively.
( X ) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 2 1 U.S.C. § 802, unless prescribed by a licensed
medical practitioner.
) (n) submit to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with
random frequency and may include urine testin g, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of
prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy
of prohibited substance screening or testing.
) (o) participate in a program of inpatient or outpatient substance abuse therapy and counsel ing if directed by the pretrial services office or
supervising officer.
) (p) participate in one of the following location restriction programs and comply with its requirements as directed.
( ) (i) Curfew. You are restricted to your residence every day ( ) from _ _ _ _ _ to _ __ _ , or ( ) as
directed by the pretrial services office or supervising officer; or
) (ii) Home Detention. You are restricted to your residence at all times except for employment; ed ucation; religious services;
medical , substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other
activities approved in advance by the pretrial services office or supervising officer; or
) (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-down at your residence except for medical necessities and
court appearances or other activities specifically approved by the court; or
) (iv) Stand Alone Monitoring. You have no residential curfew, home detention, or home incarceration restrictions. However,
you must comply with the location or travel restrictions as imposed by the court.
Note: Stand Alone Monitoring should be used in conjunction with global positioning system (GPS) technology .
27
Case Case
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document 410 Filed
Filed
06/17/22
06/21/22Page 3
Pageof 4
27 of 30
AO 1998 (Rev. 12/20) Additional Conditions ofRelease Page _3 _ of _±_ Pages
ADDITIONAL CONDITIONS OF RELEASE
) (q) subm it to the fo llowing location monitoring technology and co mp ly with its requ irements as di rected:
( ) (i) Location moni toring techno logy as directed by the pretri al services or supervising officer; or
( ) (i i) Radio Frequency; or
( ) (iii) GPS
( ) (iv)
(r) pay all or part of the cost of location monitoring based upon your abili ty to pay as determined by the pretri al serv ices or supervising
officer.
( X ) (s) report as soon as possib le, to the pretri al services or supervising offi cer, every contact with law enforcement personne l, including arrests,
questioning, or traffic stops.
( X ) (t) Defendant's travel is restricted to the N orthern District of Geo rg ia and the Southern District of Georgia unless the supervising officer has
a roved travel in advance.
(u) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
28
Case Case
4:22-cr-00084-LGW-BWC
1:22-mj-00536-CCB Document
Document 410 Filed
Filed
06/17/22
06/21/22Page 4
Pageof 4
28 of 30
~AO 199C (Rev.12/03) Advice ofPenalties .. . Page 4 of 4 Pages
Advice of Penalties and Sanctions
TO THE DEFENDANT:
YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:
Violating any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a
revocation ofrelease, an order of detention, a forfeiture of a,ry bond, and a prosecution for contempt ofcourt and could result in a term of
imprisonment, a fine, or both.
While on release, ifyou commit a federal felony offense, the punishment is an additional prison term of not more than ten
years; ifyou commit a federal misdemeanor offense, the punishment is an additional prison term of not more than one year. This sentence will
be consecutive (i.e. , in addition to) a,ry other sentence you receive.
It is a crime punishable by up to ten years of imprisonment and a $250,000 fine or both to: obstruct a criminal
investigation; tamper with a witness, victim or informant; or intimidate or attempt to intimidate a witness, victim, juror, informant, or officer of
the court. The penalties for tampering, retaliation, or intimidation are significantly more serious if they involve a killing or attempted killing.
If after release, you knowingly fail to appear as required by the conditions of release, or to surrender for the service of sentence,
you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. Ifyou are convicted of
(1) an offense punishable by death, life imprisonment, or imprisonment for a term offifteen years or more, you shall be fined
not more than $250,000 or imprisoned/or not more than JO years, or both;
(2) an offense punishable by imprisonment for a term off£Ve years or more, but less than fifteen years, you shall be fined not
more than $250,000 or imprisonedfor not more than five years, or both;
(3) a,ry other felo,ry, you shall be fined not more than $250,000 or imprisoned not more than two years, or both;
(4) a misdemeanor, you shall be fined not more than $100,000 or imprisoned not more than one year, or both.
A term of imprisonment imposedfor failure to appear or surrender shall be in addition to the sentence for a,ry other offense. In
addition, a failure to appear or surrender may result in the forfeiture of a,ry bond posted
Acknowledgment of Defendant
I acknowledge that I am the defendant in this case and that 1 am aware ofthe conditions ofrelease. I o se to obey all conditions of
release, to appear as directed, and to surrender for service ofaey sentence imposed I am aware ofthe pe !ti and sanctions setforth above.
Address
Telephone
Directions to United States Marshal
( ~ defendant is ORDERED released after processing.
( ) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the defendant has posted
bond and/or complied with all other conditions for release. If still in custody, the defendant must be produced b e the appropriate
judge at the time and place specified
Date:_ _ _ _ _ _ _ _""'6'/-'-1-'-'7!=2=02,,_,2,___ _ _ _ _ __
Name and Title ofJudicial Officer
DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICE US. ATTORNEY U.S. MARSHAL
29
Case 4:22-cr-00084-LGW-BWC Document 10 Filed 06/21/22 Page 29 of 30
MIME−Version:1.0
From:ganddb_efile_notice@gand.uscourts.gov
To:CourtMail@localhost.localdomain
Bcc:
−−Case Participants: Alex R. Sistla (alex.sistla@usdoj.gov, caseview.ecf@usdoj.gov,
nancy.blandford@usdoj.gov, usagan.criminaldocketing−courtnotices@usdoj.gov,
usagan.motionsresponses@usdoj.gov), Judy A. Fleming (gajude@yahoo.com, ganat_ecf@fd.org,
jenny_moore@fd.org, judy_fleming@fd.org), Magistrate Judge Christopher C. Bly
(ganddb_efile_ccb@gand.uscourts.gov)
−−Non Case Participants: File Clerks (ganddb_file_clerks@gand.uscourts.gov)
−−No Notice Sent:
Message−Id:12615483@gand.uscourts.gov
Subject:Activity in Case 1:22−mj−00536−CCB USA v. Okojie Termination of Magistrate Case
Content−Type: text/html
U.S. District Court
Northern District of Georgia
Notice of Electronic Filing
The following transaction was entered on 6/21/2022 at 3:21 PM EDT and filed on 6/17/2022
Case Name: USA v. Okojie
Case Number: 1:22−mj−00536−CCB
Filer:
Document Number: No document attached
Docket Text:
Magistrate Case Closed. Defendant Bernard Okojie terminated. (jpa)
1:22−mj−00536−CCB−1 Notice has been electronically mailed to:
Alex R. Sistla     alex.sistla@usdoj.gov, caseview.ecf@usdoj.gov, nancy.blandford@usdoj.gov,
USAGAN.CriminalDocketing−CourtNotices@usdoj.gov, USAGAN.motionsresponses@usdoj.gov
Judy A. Fleming     Judy_Fleming@FD.Org, gajude@yahoo.com, GANAT_ECF@FD.ORG,
jenny_moore@fd.org
1:22−mj−00536−CCB−1 Notice has been delivered by other means to:
30
Case 4:22-cr-00084-LGW-BWC Document 10 Filed 06/21/22 Page 30 of 30
MIME−Version:1.0
From:ganddb_efile_notice@gand.uscourts.gov
To:CourtMail@localhost.localdomain
Bcc:
−−Case Participants: Alex R. Sistla (alex.sistla@usdoj.gov, caseview.ecf@usdoj.gov,
nancy.blandford@usdoj.gov, usagan.criminaldocketing−courtnotices@usdoj.gov,
usagan.motionsresponses@usdoj.gov), Judy A. Fleming (gajude@yahoo.com, ganat_ecf@fd.org,
jenny_moore@fd.org, judy_fleming@fd.org), Magistrate Judge Christopher C. Bly
(ganddb_efile_ccb@gand.uscourts.gov)
−−Non Case Participants:
−−No Notice Sent:
Message−Id:12615487@gand.uscourts.gov
Subject:Activity in Case 1:22−mj−00536−CCB USA v. Okojie Transmittal of Rule 5(c)(3)
Documents
Content−Type: text/html
U.S. District Court
Northern District of Georgia
Notice of Electronic Filing
The following transaction was entered on 6/21/2022 at 3:22 PM EDT and filed on 6/21/2022
Case Name: USA v. Okojie
Case Number: 1:22−mj−00536−CCB
Filer:
Document Number: No document attached
Docket Text:
ELECTRONIC Transmittal of Rule 5(c)(3) Documents as to Bernard Okojie, sent to USDC,
Southern District of Georgia. (docket sheet with attachments) (jpa)
1:22−mj−00536−CCB−1 Notice has been electronically mailed to:
Alex R. Sistla     alex.sistla@usdoj.gov, caseview.ecf@usdoj.gov, nancy.blandford@usdoj.gov,
USAGAN.CriminalDocketing−CourtNotices@usdoj.gov, USAGAN.motionsresponses@usdoj.gov
Judy A. Fleming     Judy_Fleming@FD.Org, gajude@yahoo.com, GANAT_ECF@FD.ORG,
jenny_moore@fd.org
1:22−mj−00536−CCB−1 Notice has been delivered by other means to:
31
File and source
- File
- gov.uscourts.gasd.87222.10.0.pdf
- Size
- 1,604,520 bytes
- SHA-256
- 0b75c6cdf729c6b74c5d8c6f6a9c5865bdb55ee1e123623e759811386147077e
- Our copy
- gov.uscourts.gasd.87222.10.0.pdf
- Original
- PACER (login required)