Unopposed Motion for Extension of Time to File Additional Pretrial Motions — USA v. Torjagbo (Dkt. 126, 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. 126 · 2024-11-14 · 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 
 
) 
    
 
) 
 
 
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 TO 
CONTINUE PRETRIAL CONFERENCE 
 
COMES NOW the Defendant, CARL DELANO TORJAGBO, by and through 
his undersigned counsel, and moves the Court for an extension of time until December 
2, 2024 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 
Case 1:22-cr-00171-MLB-RDC     Document 126     Filed 11/14/24     Page 1 of 5

 
 
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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 
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.   
Due to press of undersigned counsel’s responsibilities on other matters, 
undersigned counsel needs additional time to complete a thorough review of the 
discovery materials produced, to research and assess whether additional pretrial 
motions should be filed, and to prepare those motions.  Mr. Torjagbo requests that 
the pretrial conference, which is currently scheduled for November 19, 2024, be 
Case 1:22-cr-00171-MLB-RDC     Document 126     Filed 11/14/24     Page 2 of 5

 
 
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rescheduled to a date after the extended deadline for filing additional pretrial 
motions.   
Undersigned counsel has communicated with the counsel for the Government, 
Russell Phillips, regarding this motion.  Mr. Phillips has informed undersigned 
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. 
 
 
Case 1:22-cr-00171-MLB-RDC     Document 126     Filed 11/14/24     Page 3 of 5

 
 
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Dated: This 14th day of November, 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 126     Filed 11/14/24     Page 4 of 5

 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that the foregoing Unopposed Motion for Extension of Time to 
File Additional Pretrial Motions and to Continue the Pretrial Conference 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 126     Filed 11/14/24     Page 5 of 5

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