Motion for Reconsideration re 63 Order on Motion for Reconsideration — USA v. Torjagbo (Dkt. 147, 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. 147 · 2025-01-02 · Docket on CourtListener

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 
CARL DELANO TORJAGBO  
 
) 
                                    ) 
 
MOTION TO RECONSIDER ORDER DENYING APPEAL FROM 
MAGISTRATE’S ORDER OF DETENTION 
 
COMES NOW Defendant, CARL DELANO TORJAGBO, by and through 
undersigned counsel, and moves this Court to reconsider its order denying his appeal 
from the Magistrate’s order of detention. (Docs. 63).  In support thereof, Mr. 
Torjagbo states the following. 
Mr. Torjagbo is charged by superseding indictment with one count of bank 
fraud in violation of 18 U.S.C. §§ 1344 and 2, one count of aggravated identity theft 
in violation of 18 U.S.C. §§ 1028A and 2, three counts of concealment money 
laundering in violation of 18 U.S.C. §§ 1956(a)(1)(B)(i) and 2, three counts of 
transactional money laundering in violation of 18 U.S.C. §§ 1957 and 2, and two 
counts of wire fraud in violation of 18 U.S.C. §§ 1343 and 2. (Doc. 110).  Trial is 
scheduled for April 28, 2025. (Doc. 138).  Also pending before the Court is the 
Case 1:22-cr-00171-MLB-RDC     Document 147     Filed 01/02/25     Page 1 of 5

 
 
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Government’s motion for interlocutory sale of three parcels owned of real estate 
owned by Mr. Torjagbo or FlyingJack Freight & Logistics, LLC. (Doc. 61). 
Mr. Torjagbo made an initial appearance in this case on May 12, 2022.  
Following a detention hearing, the Magistrate ordered that Mr. Torjagbo be detained. 
(Doc. 11).  The Magistrate concluded that she could not fashion conditions that 
would assure Mr. Torjagbo’s appearance as required and reasonably assure that Mr. 
Torjagbo would not engage in an economic crime similar to the offenses alleged in 
the original indictment.1 See (Doc. 11 at 2; Doc. 21 at 36; Doc. 1).  In part, the 
Magistrate noted that Mr. Torjagbo was unable to find his passport and could not 
recall where his passport would be. (Doc. 21 at 35).  
Mr. Torjagbo filed a motion appealing the Magistrate’s order of detention. 
(Doc. 50).  Following a hearing on that motion, the District Court entered an order 
denying Mr. Torjagbo’s motion for review of the Magistrate Judge’s order of 
detention. (Doc. 63).  In its order, the Court noted, in part, that Mr. Torjagbo’s 
passport, ending in 6005, remains valid. (Doc. 63 at 4, 10-11).  The Court concluded 
that no condition or combination of conditions would reasonably assure Mr. 
 
1 The original indictment charged the offenses of bank fraud, concealment money 
laundering, and transactional money laundering that are included in the 
superseding indictment. 
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Torjagbo’s appearance at trial. (Doc. 63 at 9-12).  The Court did not assess whether 
Mr. Torjagbo presented a danger to the community. (Doc. 63 at 6, n. 2). 
Since the Court’s ruling, Mr. Torjagbo’s passport, ending in 6005, has been 
invalidated by the State Department’s Lost and Stolen Passport Unit.2  Thus, the 
passport can no longer be used for travel.  The lack of a valid passport diminishes 
any concern that Mr. Torjagbo presents a flight risk.  
 If Mr. Torjagbo is released on bond, he will be able to more fully participate 
in the preparation of his defense for trial.  Mr. Torjagbo would also be in a better 
position to address the issues that the Government and the homeowner’s association 
have raised regarding his residence at 5114 Greythorne Lane, which form the basis 
for the Government’s motion for interlocutory sale of that property.  
WHEREFORE, Mr. Torjagbo requests that the Court reconsider its order 
denying his appeal of the Magistrate’s order of detention. 
 
 
 
2 Undersigned counsel is able to provide the Court with correspondence from the 
United States Department of State documenting that Mr. Torjagbo’s passport, 
ending in 6005, has been invalidated. 
Case 1:22-cr-00171-MLB-RDC     Document 147     Filed 01/02/25     Page 3 of 5

 
 
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DATED: This 2nd day of January, 2025. 
 
 
 
 
 
Respectfully submitted, 
 
S/ Kendal D. Silas                   
KENDAL SILAS 
State Bar No. 645959 
Attorney for CARL TORJAGBO 
 
Federal Defender Program, Inc. 
101 Marietta Street, N.W., Suite 1500 
Atlanta, GA 30303 
404/688-7530 
Case 1:22-cr-00171-MLB-RDC     Document 147     Filed 01/02/25     Page 4 of 5

 
 
CERTIFICATE OF SERVICE 
 
This is to certify that I have this day served a copy of the foregoing Motion to 
Reconsider Order Denying Appeal from Magistrate’s Order of Detention, formatted 
in Times New Roman 14-pt., upon: 
Kelly K. Connors, Esq. 
Assistant United States Attorney 
Federal Courthouse, Ste. 600 
75 Ted Turner Drive, S.W. 
Atlanta, GA 30303 
 
Nicholas Evert, Esq. 
Assistant United States Attorney 
Federal Courthouse, Ste. 600 
75 Ted Turner Drive, S.W. 
Atlanta, GA 30303 
 
by electronically filing the same through the Court’s ECF system. 
 
Dated:  This 2nd day of January, 2025. 
 
 
s/ Kendal D. Silas                   
KENDAL SILAS, Esq. 
Attorney for CARL TORJAGBO 
 
 
Case 1:22-cr-00171-MLB-RDC     Document 147     Filed 01/02/25     Page 5 of 5

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