Motion for Extension of Time to File Additional Pretrial Motions by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 116, N.D. Ga. No. 1:22-cr-00171)

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Motion for Extension of Time to File Additional Pretrial Motions, Document 116, filed 09/26/24 in Criminal Action No. 1:22-CR-171-MLB-RDC, United States v. Carl Delano Torjagbo, Northern District of Georgia, four pages. Torjagbo asks for thirty (30) days after a September 3, 2024 superseding indictment (Doc. 110) added aggravated identity theft and wire fraud counts to the original seven PPP loan, bank fraud and money laundering counts. The wire fraud counts allege two fraudulent 2020 individual tax returns filed February 13, 2021. Counsel says new discovery is extensive and complex, arraignment on the superseding indictment was September 12, 2024, and the time should be excluded under the Speedy Trial Act. It is dated September 26, 2024 and signed s/ Kendal D. Silas of the Federal Defender Program.

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IN THE UNITED STATES DISTRICT COURT 
 
FOR THE NORTHERN DISTRICT OF GEORGIA 
 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
 
) 
    
 
) 
 
 
vs. 
 
 
    
 
) 
CRIMINAL ACTION 
 
)    NO. 1:22-CR-171-MLB-RDC 
CARL DELANO TORJAGBO  
 
)  
 
MOTION FOR EXTENSION OF TIME TO FILE 
ADDITIONAL PRETRIAL MOTIONS 
 
COMES NOW the Defendant, CARL DELANO TORJAGBO, by and through 
his undersigned counsel, and moves the Court for thirty (30) days to file additional 
pretrial motions.  In support of this motion, Mr. Torjagbo states the following.  
The original indictment charged Mr. Torjagbo with seven offenses based on 
the acquisition of a PPP loan and certain subsequent expenditures: bank fraud in 
violation of 18 U.S.C. §§ 1344 and 2; three counts of concealment money laundering 
in violation of 18 U.S.C. §§ 1956(a)(1)(B) and 2; and three counts of transactional 
money laundering in violation of 18 U.S.C. §§ 1957 and 2. (Doc. 1).  On September 
3, 2024, the Government filed a superseding indictment. (Doc. 110).  The 
superseding indictment adds one count of aggravated identity theft in violation of 18 
U.S.C. §§ 1028A(a)(1) and 2 and two counts of wire fraud in violation of 18 U.S.C. 
§§ 1343 and 2. (Doc. 110).  The aggravated identity theft charge alleges that during 
Case 1:22-cr-00171-MLB-RDC     Document 116     Filed 09/26/24     Page 1 of 4

 
 
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and in relation to the acquisition of the PPP loan Mr. Torjagbo possessed and used, 
without lawful authority, a means of identification of another person, that person 
being M.S. Doc. (110 at 5).  The wire fraud charges allege that on February 13, 
2021 Mr. Torjagbo filed two fraudulent U.S. individual forms 1040 for tax year 
2020. (Doc. 110 at 12-13).  Mr. Torjagbo was arraigned on the superseding 
indictment on September 12, 2024.    
Since the filing of the superseding indictment, Mr. Torjagbo has requested and 
received certain supplemental discovery from the Government.  Those materials are 
extensive in volume and have a degree of complexity.  Undersigned counsel needs 
additional time to review the discovery materials produced, to research and assess 
whether additional pretrial motions should be filed, and to prepare those motions.  
Undersigned counsel posits that the time associated with this requested 
extension of time and continuance is excludable under the provisions of the Speedy 
Trial Act, 18 U.S.C. § 3161.  Subsection 3161(h)(7)(A) and (h)(7)(B)(iv) authorize 
exclusion of delay based upon a finding that the ends of justice outweigh the best 
interests of the public and the defendant in a speedy trial, such as where the delay 
provides reasonable time necessary for effective preparation by counsel, taking into 
account the exercise of due diligence. See 18 U.S.C. §§ 3161(h)(7)(A) & (h)(7)(B)(iv). 
WHEREFORE, Mr. Torjagbo respectfully requests that this motion be granted. 
Case 1:22-cr-00171-MLB-RDC     Document 116     Filed 09/26/24     Page 2 of 4

 
 
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Dated: This 26th day of September, 2024. 
 
 
 
 
 
 
 
 
 
 
 
Respectfully submitted, 
s/ Kendal D. Silas                      
 
KENDAL D. SILAS 
State Bar of Georgia No. 645959 
Attorney for CARL DELANO TORJAGBO 
 
Federal Defender Program, Inc. 
Suite 1500, Centennial Tower 
101 Marietta Street, N.W. 
Atlanta, GA 30303; 404/688-7530 
Case 1:22-cr-00171-MLB-RDC     Document 116     Filed 09/26/24     Page 3 of 4

 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that the foregoing Motion for Extension of Time to File 
Additional Pretrial Motions was electronically filed this day with the Clerk of Court 
using the CM/ECF system, which will automatically send email notification of such 
filing to the following: 
 
John Russell Phillips, Esq. 
 
Assistant United States Attorney 
Northern District of Georgia 
Federal Courthouse, Ste. 600  
75 Ted Turner Drive, S.W. 
Atlanta, GA 30303 
 
Dated: This 26th day of September, 2024. 
 
 
s/ Kendal D. Silas                            
 
KENDAL D. SILAS, Esq. 
Attorney for CARL DELANO TORJAGBO 
Case 1:22-cr-00171-MLB-RDC     Document 116     Filed 09/26/24     Page 4 of 4

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