Response by Bernard Okojie re 24 Notice (Other) — USA v. Okojie (Dkt. 56, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 4:22-cr-00084-LGW-BWC · Doc. 56 · 2023-01-09 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA           
)
       
)
v.
      
)
 CASE NUMBER: 4:22-CR-84
       
)
BERNARD OKOJIE, 
       
)
Defendant 
       
)
       
)
DEFENDANT BERNARD OKOJIE’S      
RESPONSE TO GOVERNMENT’S NOTICE OF ITS INTENT TO
INTRODUCE EVIDENCE OF UNCHARGED SBA LOANS AND 
MONEY LAUNDERING AND RELATED INFORMATION
COMES NOW, BERNARD OKOJIE, Defendant in the above-styled action, by and
through his undersigned counsel of record, and files this his Response to Government’s Notice
of Its Intent to Introduce Evidence of Uncharged SBA Loans and Money Laundering and
Related Information as follows: 
Money Laundering and Related Evidence 
A.
Export-based Money Laundering
Based upon the evidence produced in discovery concerning the items listed in section A
of the government’s notice, the only material that relates to this matter is a letter dated May 31,
2022 from Philip Truitt, U.S. Customs and Border Protection, to Douglas R. Dye, Special Agent
with the Federal Bureau of Investigation, which is limited to the same information as contained
in the government’s notice.  As a consequence, there is not sufficient information to show any
relationship to the issues contained in Court Three of the Indictment and admissibility of these
transactions should be denied.  Additionally, the dates of the alleged transactions in the
government’s chart, range from 2012 to 2018, which is between two and eight years prior to the
alleged date range of the conspiracy. 
Case 4:22-cr-00084-LGW-BWC     Document 56     Filed 01/09/23     Page 1 of 3

B.
Undeclared Cash on Flight to Nigeria
Mr. Okojie objects to evidence as contained in part B of the government’s notice as to the
undeclared cash on the December 28, 2020 flight.  The possession of the currency does not assist
in establishing “motive, opportunity, intent, preparation, plan, knowledge, identity, absence of
mistake, or lack of accident”, as required by Rule 404(b)(2) as related to any issue in connection
with the charge of conspiracy to commit money laundering.  While the possession of the
currency by a person when leaving the United States may require a declaration, this would not
constitute evidence that would allow the jury to determine the existence of any agreement by Mr.
Okojie with another to engage in the expenditures of criminally derived funds.  The fact that it is
currency, which may improperly cause prejudice in the minds of the jury, has no relationship to
any issue in the Indictment, as the charge relates to proceeds of criminal activity not regulatory
requirements of currency reporting transactions.  Even if this information was otherwise
admissible, Rule 403 should require its exclusion as the probative value would be substantially
out weighed by unfair prejudice, confusion of issues, and the likelihood of misleading the jury.  
WHEREFORE, for the reasons set forth herein, the government should not be permitted
to introduce any evidence relating to uncharged loans or money laundering.   
Respectfully submitted, this 9th day of January, 2023.        
/s/John J. Ossick, Jr. 
Georgia Bar Number 555150
JOHN J. OSSICK, JR., P.C.
Post Office Box 1087
Kingsland, Georgia 31548
Telephone:  912-729-5864
E-mail: ossick@tds.net
Case 4:22-cr-00084-LGW-BWC     Document 56     Filed 01/09/23     Page 2 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA           
)
       
)
v.
      
)
 CASE NUMBER: 4:22-CR-84
       
)
BERNARD OKOJIE, 
       
)
Defendant 
       
)
       
)
CERTIFICATE OF SERVICE
This is to certify that I have this day served all parties in this case in accordance with the
directives from the Court Notice of Electronic Filing (“NEF”), which was generated as a result
of electronic filing.
This 9th day of January, 2023.          
/s/John J. Ossick, Jr. 
Georgia Bar Number 555150
JOHN J. OSSICK, JR., P.C.
Post Office Box 1087
Kingsland, Georgia 31548
Telephone:  912-729-5864 
E-mail: ossick@tds.net
Case 4:22-cr-00084-LGW-BWC     Document 56     Filed 01/09/23     Page 3 of 3

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