Court filing
Unopposed MOTION for Extension of Time to File Pretrial Motions and Continue Pretrial… — USA v. Torjagbo (Dkt. 124)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-10-28 |
U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 124 · 2024-10-28 · Docket on CourtListener
Summary
An unopposed motion for a fourteen-day extension to file additional pretrial motions and to continue the pretrial conference, filed October 28, 2024 as Document 124 in No. 1:22-cr-00171-MLB-RDC, United States v. Carl Delano Torjagbo, in the U.S. District Court for the Northern District of Georgia. It recounts that the original indictment charged seven offenses tied to a PPP loan: bank fraud under 18 U.S.C. §§ 1344 and 2, three counts of concealment money laundering, and three counts of transactional money laundering. It states that a superseding indictment filed September 3, 2024 added one count of aggravated identity theft and two counts of wire fraud, and that the defendant was arraigned on September 12, 2024. It states that supplemental discovery includes tax files and business records, that government counsel does not oppose, and that the time is excludable under 18 U.S.C. § 3161.
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Full text
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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
)
UNOPPOSED MOTION FOR EXTENSION OF TIME TO
FILE ADDITIONAL PRETRIAL MOTIONS AND
CONTINUANCE OF PRETRIAL CONFERENCE
COMES NOW the Defendant, CARL DELANO TORJAGBO, by and through
his undersigned counsel, and moves the Court for fourteen (14) 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.
Case 1:22-cr-00171-MLB-RDC Document 124 Filed 10/28/24 Page 1 of 4
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§§ 1343 and 2. (Doc. 110). The aggravated identity theft charge alleges that during
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, as they include the Internal
Revenue Service tax files pertaining to Carl Torjagbo and Kremkov Industries. The
materials also include documentation pertaining to FlyingJack Freight and Logistics,
a transportation business that Mr. Torjagbo founded and operated. 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 also requests that upcoming pretrial
conference be continued.
Undersigned counsel has consulted with the counsel for the Government,
Russell Phillips, regarding this motion. Mr. Phillips has informed undersigned
Case 1:22-cr-00171-MLB-RDC Document 124 Filed 10/28/24 Page 2 of 4
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counsel that he is not opposed to this motion.
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.
Dated: This 28th day of October, 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 124 Filed 10/28/24 Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Unopposed 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 28th day of October, 2024.
s/ Kendal D. Silas
KENDAL D. SILAS, Esq.
Attorney for CARL DELANO TORJAGBO
Case 1:22-cr-00171-MLB-RDC Document 124 Filed 10/28/24 Page 4 of 4File and source
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