Motion for Reconsideration re 10 Motion for Detention filed by USA — USA v. Torjagbo (Dkt. 31, N.D. Ga. No. 1:22-cr-00171)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 31 · 2022-08-08 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
   :
   :
   :    CRIMINAL INDICTMENT 
v.
   :
NO. 1:22-CR-171
   :
                  
CARL DELANO TORJAGBO,    
   :
Defendant.     
   :
MOTION TO RECONSIDER
ORDER OF DETENTION 
Now comes the defendant, Carl Delano Torjagbo, by and through his
undersigned counsel, who moves the Court to reconsider its May 12, 2022 order of
detention.  Under 18 U.S.C. §3142(c)(1)(B), a defendant is to be be released pending
trial “subject to the least restrictive further condition, or combination of conditions,
that such judicial officer determines will reasonably assure the appearance of the
person as required and the safety of any other person and the community”.  Mr.
Torjagbo asserts that there are conditions of bond that would assure his continued
appearance and safeguard the safety of the community. In support thereof, Carl
Torjagbo shows the Court the following:
1.
Carl Torjagbo was indicted for multiple counts of bank fraud and money
laundering on May 10, 2022.
Case 1:22-cr-00171-MLB-RDC     Document 31     Filed 08/08/22     Page 1 of 4

2.
At his initial appearance on May 12, 2022, the government moved for detention
and the Court granted that motion. (Dkts 10, 11)
3.
At initial appearance and arraignment the Court moved forward with a
detention hearing,  Mr. Torjagbo was appointed an attorney with the Federal
Defender Program, Inc. and did not have access to information necessary to rebut the
government’s claims that he was a risk of flight or a danger to the community. Since
that time, Mr. Torjagbo has retained counsel. Additional information has been
assembled to present to the Court to support his release on bond with special
conditions pending trial. 
4. 
Mr. Torjagbo is not a risk of flight. Contrary to the reasons listed on the
Detention Order, Mr. Torjagbo is a naturalized United States citizen, who is not
subject to removal; he has lived in the United States for all of his adult life.  Mr.
Torjagbo does not have a prior felony with the exception of a 2008 conviction for
repeat traffic/driving violations.  He has resided in the Atlanta area for a substantial
period of time.  He has a local support group of friends and family, including a
relative who is ready and willing to let Mr. Torjagbo reside with him. 
5. 
There are also conditions the Court can impose that would ensure Mr.
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Torjagbo’s continued appearance.  For example, Torjagbo will surrender his passport
and pilot license. In addition he will comply with special conditions such as geo-
location monitoring and home confinement.
6.
Mr. Torjagbo is not a danger to the community. The offenses alleged stem from
financial transactions that are  non-violent that took place over a condensed period
of time. There is only one victim, a bank. There is nothing in his past conduct or the
nature of the instant charged offenses to suggest Mr. Torjagbo would victimize
anyone in the community.
Wherefore, the defendant, Carl Delano Torjagbo, requests that he be released
on bond under whatever conditions the Court and United States Probation deem
appropriate or in the alternative, requests a hearing on the issue. 
Respectfully submitted,
 /s/ Jay L. Strongwater        
Jay L. Strongwater
Georgia Bar No. 688750
 /s/ Emily B. Strongwater  
Emily B. Strongwater
Georgia Bar No. 572648
1360 Peachtree Street
Suite 910
Atlanta, Georgia  30309
404.872.1700
Counsel for Defendant 
Case 1:22-cr-00171-MLB-RDC     Document 31     Filed 08/08/22     Page 3 of 4

CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the
within and foregoing pleading upon counsel for the government by electronically
posting through the District Court’s ECF Filing System, addressed as follows:
John Russell Phillips, Esq.
Assistant United States Attorney
russell.phillips@usdoj.gov
This   8th      day of     August      , 2022.
 /s/ Jay L. Strongwater 
Jay L. Strongwater
Georgia Bar No. 688750
1360 Peachtree Street
Suite 910
Atlanta, Georgia  30309
404.872.1700
Counsel for Defendant  
Case 1:22-cr-00171-MLB-RDC     Document 31     Filed 08/08/22     Page 4 of 4

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