Exhibit A — USA v. Okojie (Dkt. 58-1, S.D. Ga.)

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Exhibit A, Document 58-1, filed 01/30/23 in Case No. 4:22-CR-084 (S.D. Ga.), is the government's response to Defendant Bernard Okojie's objections to its Rule 404(b) notice (Doc. 56), dated January 31, 2023. The government withdraws its notice as to export-based money laundering evidence. It says it intends to introduce evidence that on or about December 28, 2020 he tried to take $39,700.00 in undeclared cash onto a flight from Atlanta to Lagos, Nigeria, where the cash was seized. It argues the evidence is inextricably intertwined with the charged offenses, citing alleged kickbacks and cash withdrawals of $9,000 or $9,500 to avoid reporting, and is relevant to intent, knowledge and plan.

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EXHIBIT A 
Case 4:22-cr-00084-LGW-BWC     Document 58-1     Filed 01/30/23     Page 1 of 5

1 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF GEORGIA 
SAVANNAH DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
BERNARD OKOJIE 
 
) 
) 
) 
) 
) 
 
 
 
Case No. 4:22-CR-084 
 
 
GOVERNMENT’S TO DEFENDANT’S OBJECTIONS TO GOVERNMENT’S 
RULE 404(B) NOTICE 
 
COMES NOW the United States of America, by and through David H. Estes, 
United States Attorney for the Southern District of Georgia, and the undersigned 
Assistant United States Attorney, and responds to Defendant’s Objections to the 
Government’s Rule 404(b) Notice. (Doc. 56). 
I. 
Export-based money laundering 
The Government hereby withdraws its 404(b) notice as to the evidence of 
export-based money laundering. 
II. 
Undeclared cash on flight to Nigeria 
The United States intends to introduce evidence relating to Mr. Okojie, on or 
about December 28, 2020, attempting to take $39,700.00 in cash onboard a flight 
from Atlanta to Lagos, Nigeria. Mr. Okojie failed to declare the cash and the cash 
was seized from Mr. Okojie. 
Defendant objects that evidence of undeclared cash is not evidence of “the 
existence of any agreement by Mr. Okojie with another to engage in the 
expenditures of criminally derived funds.” (Doc. 56 at 2).  
Case 4:22-cr-00084-LGW-BWC     Document 58-1     Filed 01/30/23     Page 2 of 5

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First, while the government noticed this evidence under Rule 404(b) out of an 
abundance of caution, this evidence is inextricably intertwined with the charged 
offenses because it shows that Mr. Okojie was in the possession of a large sum of 
cash at approximately the same time as he is alleged to have received financial 
kickbacks for committing wire fraud, as well as engaged in a conspiracy to launder 
money—including by making multiple cash withdrawals in amounts of $9,000 or 
$9,500 to evade the $10,000 financial institution reporting requirement.  
Second, concealing financial assets is similar to the charged conduct here and 
thus is relevant to Mr. Okojie’s intent, identity, knowledge, plan, and his lack of 
accident or mistake. And this evidence is not of the kind that is unduly prejudicial. 
See United States v. Holland, 722 F. App’x 919, 926–27 (11th Cir. 2018) (upholding 
evidence of uncharged similar conduct in fraud trial as either inextricably 
intertwined with charged offenses or under 404(b)). Accordingly, the Government 
requests that the court admit evidence of Mr. Okojie’s failure to declare the 
$39,700.00 in cash at a trial in this case. 
 
 
Case 4:22-cr-00084-LGW-BWC     Document 58-1     Filed 01/30/23     Page 3 of 5

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Respectfully submitted this 31st day of January 2023. 
 
 
 
 
 
 
 
DAVID H. ESTES  
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
s/ Jennifer A. Stanley 
 
 
 
 
 
 
 
Jennifer A. Stanley 
Alabama Bar No. 8400E77T 
Assistant United States Attorney 
United States Attorney’s Office  
Southern District of Georgia 
P.O. Box 2017 
Augusta, Georgia 30903 
T: (706) 826-4525 
jennifer.stanley@usdoj.gov 
 
 
 
 
 
 
 
 
Case 4:22-cr-00084-LGW-BWC     Document 58-1     Filed 01/30/23     Page 4 of 5

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CERTIFICATE OF SERVICE 
 
 
This is to certify that I have on this day served all parties in this case in 
accordance with the notice of electronic filing (“NEF”) which was generated as a 
result of electronic filing in this Court. 
Respectfully submitted this 31st day of January 2023. 
 
 
 
 
 
 
 
DAVID H. ESTES  
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
s/ Jennifer A. Stanley 
 
Jennifer A. Stanley 
Alabama Bar No. 8400E77T 
Assistant United States Attorney 
United States Attorney’s Office  
Southern District of Georgia 
P.O. Box 2017 
Augusta, Georgia 30903 
T: (706) 826-4525 
jennifer.stanley@usdoj.gov 
 
Case 4:22-cr-00084-LGW-BWC     Document 58-1     Filed 01/30/23     Page 5 of 5

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