Motion in Limine for Trial by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 161, 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. 161 · 2025-01-28 · 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 IN LIMINE 
 
COMES NOW Defendant, CARL DELANO TORJAGBO, by and through 
undersigned counsel, and moves this Court to exclude from introduction or 
presentation in the trial of this case certain information, documents, and recordings 
which are in the possession of the Government and which have been disclosed or 
referenced in discovery provided by the Government.  Mr. Torjagbo posits that 
those items of evidence are irrelevant to the determination of guilt or innocence on 
the crimes charges and the presentation of that evidence would be more prejudicial 
than probative.  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 
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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).   
The indictment alleges that Mr. Torjagbo fraudulently obtained a loan under 
the Paycheck Protection Program (“PPP”) from JPMorgan Chase Bank. (Doc. 110 
at 1-4).  The indictment alleges that Mr. Torjagbo provided false and misleading 
information in doing so. Id.  Mr. Torjagbo applied for the loan on behalf of his 
business Kremkov Industries.    
The aggravated identity theft count is premised on Mr. Torjagbo’s alleged 
possession and misuse of the identifying information of a person with the initials 
M.S during and in relation to the acquisition of the PPP loan. (Doc. 110 at 5).  The 
three concealment money laundering charges relate to three bank transactions 
conducted by Mr. Torjagbo following receipt of the PPP loan funds: transferring 
$3,000,000 from a Chase Bank account to a PNC Bank account in the name of 
Kremkov Industries; and wire transferring money in connection with two separate 
purchases of real estate parcels. (Doc. 110 at 9).  The three transactional money 
laundering counts relate to Mr. Torjagbo’s purchases of a residential property 
located at 5114 Greythorne Lane, Marietta, Georgia, a 2021 Land Rover Velar, and 
a 2022 BMV M850XL. (Doc. 110 at 10-11).  The two wire fraud counts relate to 
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the filing of two 2020 federal income returns in the name Carl Torjagbo. (Doc. 110 
at 12-13). 
 
Federal Rule of Evidence 402 states that relevant evidence is admissible 
unless any of the following provides otherwise: the United States Constitution; a 
federal statute; the Federal Rules of Evidence; or other rules prescribed by the 
Supreme Court. F.R.E. 402.  Rule 402 also states that “[i]rrelevant evidence is not 
admissible.”  Rule 401 provides the test for relevant evidence.  “Evidence is 
relevant if: (1) it has any tendency to make a fact more or less probable than it 
would be without the evidence; and (b) the fact is of consequence in determining 
the action.” F.R.E. 401.  Under Rule 403, “[t]he Court may exclude relevant 
evidence if its probative value is substantially outweighed by a danger of one or 
more of the following: unfair prejudice, confusing the issues, misleading the jury, 
undue delay, wasting time, or needlessly presenting cumulative evidence.” F.R.E. 
403. 
 
The Advisory Committee notes to Rule 403 recognize that certain 
circumstances call for the exclusion of evidence even if it is of unquestioned 
relevance.  Those circumstances entail risks that “range all the way from inducing 
a decision on a purely emotional basis, at one extreme, to nothing more harmful 
than merely wasting time, at the other extreme.” F.R.E. 403, Advisory Comm. 
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Notes.  In this context, unfair prejudice means “an undue tendency to suggest 
decision on an improper basis, commonly, though not necessarily, an emotional 
one.” Id.   
The Supreme Court has stated that “unfair prejudice” concerns the capacity 
of some evidence, albeit relevant, “to lure the factfinder into declaring guilt on a 
ground different from proof specific to the offense charged.’” Old Chief v. United 
States, 519 U.S. 172, 180 (1997).  The United States Court of Appeals for the 
Tenth Circuit has expounded, “Evidence is unfairly prejudicial if it makes a 
conviction more likely because it provokes an emotional response in the jury or 
otherwise tends to affect adversely the jury’s attitude toward the defendant wholly 
apart from its judgment as to his guilt or innocence of the crime charged.” United 
States v. Leonard, 439 F.3d 648, 652 (10th Cir. 2006).  
The discovery presented by the Government contains banking records of 
several accounts, including following: a Bank of America account in the name 
FlyingJack Freight & Logistics, LLC; a Chase Bank account for Kremkov 
Industries, LL; three PNC Bank accounts in the name Carl Torjagbo; and one PNC 
Bank account in the name Kremkov Industries, LLC.  Mr. Torjagbo posits that 
records of personal transactions unrelated to the transactions referenced in the 
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indictment are not relevant to the trial of the charges in the indictment.  If it could 
be said that such transactions are relevant, the relevance is outweighed by risk of 
unfair prejudice, confusing the issues, misleading the jury, undue delay, and 
wasting time.” F.R.E. 403.  Mr. Torjagbo asks the Court to exclude banking 
records and any evidence of personal financial or commercial transactions that are 
not related to the transactions referenced in the indictment.  
Some of the banking records also precede the time frame of the alleged 
offense conduct.  For instance, some banking records date to 2017.  The 
indictment alleges that Mr. Torjagbo submitted a PPP loan application to Chase 
Bank on February 21, 2021 and that he submitted two individual tax returns to the 
IRS on February 13, 2021. (Doc. 110 at 4, 12).  Those acts form the basis for the 
bank and wire fraud charges in the indictment.  Banking records and related 
information that precedes those dates are irrelevant to the charges in this case.  
Furthermore, presentation of evidence related to that banking activity and those 
transactions would distract the jury from consideration of the issues raised in the 
indictment.  Mr. Torjagbo submits that most of the concerns raised in Rule 403 
would arise if the Government were allowed to present banking records and other 
evidence regarding transactions that precede the alleged offense conduct — 
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namely, unfair prejudice, confusing the issues, misleading the jury, undue delay, 
and wasting time. 
Mr. Torjagbo also posits that the nature of some of the transactions in the 
banking would serve to prejudice him.  As an example, the records document a 
transaction at Victoria’s Secret, a store that sells lingerie.  Presentation of records 
regarding such transactions would risk causing undue and unfair prejudice.  That 
is, evidence of such transactions risks the possibility of evoking an emotional 
response from members of the jury against Mr. Torjagbo regarding a matter that is 
the immaterial and irrelevant to the issues presented in the indictment. 
Mr. Torjagbo also moves the Court to exclude the presentation of any 
evidence that would suggest that he has associated with exotic dangers.  As an 
example, FBI Agents arrested Mr. Torjagbo on May 12, 2022.  After Mr. 
Torjagbo was taken into custody, Special Agents Caruana and Pressley questioned 
Mr. Torjagbo regarding his connection to a woman named Claudia.  Mr. Torjagbo 
said that Claudia was his girlfriend and acknowledged that he had given her 
approximately $2,000 to help her close on a house.  When asked what her 
employment was, Mr. Torjagbo said that Claudia is an exotic dancer.   
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Mr. Torjagbo submits that presentation of evidence that Claudia is an exotic 
dancer, particularly in the context of Mr. Torjagbo having given her money, will be 
unduly prejudicial to him.  Furthermore, her occupation or employment is not 
relevant to the charges pending against Mr. Torjagbo.  Text messaging with other 
persons in Mr. Torjagbo’s cell phone raises similar concerns.  This subject matter 
presents the risk of evoking an emotional reaction in the jury that is adverse to Mr. 
Torjagbo but unrelated to the pending charges.  Moreover, this subject matter 
presents a risk of confusing the issues and wasting time.  Evidence related to this 
subject matter should be excluded as irrelevant and more prejudicial than probative 
under Rule 403. 
The discovery contains credit reports for Mr. Torjagbo from Equifax and 
Transunion.  Some information in the reports dates back to at far as 2005.  The 
information on the Equifax and Transunion reports is irrelevant to the charges in 
the indictment.  Additionally, the information contained in the reports is 
inadmissible hearsay to the extent that it was reported to Equifax and Transunion 
by other entities. 
The discovery contains records from Gotham Plastic Surgery.  The records 
relate to services rendered during the time frame of April 2021 to June 2021.  The 
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services did not involve changing the appearance of Mr. Torjagbo’s face or facial 
appearance.  The rendering of those services does not make any fact of 
consequence to determining this action more probable.  Thus, those services are 
irrelevant to the trial of the charges in the indictment.  On the other hand, they 
certainly run a strong danger of unfairly prejudicing Mr. Torjagbo before the jury.  
That is, presentation of that evidence would raise the specters of provoking an 
emotional response from the jury and adversely affecting its attitude towards Mr. 
Torjagbo wholly apart from its judgment as to Mr. Torjagbo’s guilt or innocence of 
the crimes charged in the indictment.  In sum, that evidence is both irrelevant and 
more prejudicial than probative.  
The discovery contains records regarding a purchase of a 2014 Lamborghini 
Aventador by Karl Lucius Delano.  The transaction took place on April 23, 2022.  
Mr. Torjagbo submits that evidence relating to the transaction, including the 
purchase records, is not relevant to deciding the charges presented in the 
indictment.  The indictment does not charge Mr. Torjagbo with an offense 
relating to the purchase of that vehicle.  Presentation of evidence relating to that 
transaction will likely confuse the issues, mislead the jury, waste time and unduly 
inflame the jury’s attitude against Mr. Torjagbo.  Thus, evidence relating to the 
purchase of the Lamborghini is both irrelevant and more prejudicial than probative. 
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Tax records from the IRS pertaining to Carl Torjagbo, Kremkov Industries.  
The discovery contains tax records dating back as far as tax year 2018.  The 
indictment charges Mr. Torjagbo with alleged fraudulent filing of two federal 
individual tax forms for tax year 2020.  Those forms were filed on February 13, 
2021.  Mr. Torjagbo asks that the Court exclude the presentation of tax records 
for tax years preceding 2020.  Mr. Torjagbo posits that those tax records are 
irrelevant to the pending charges.   Furthermore, they are more prejudicial than 
probative, as they present risks of causing unfair prejudice to Mr. Torjagbo, 
confusing the issues, misleading the jury, and wasting time.  
Mr. Torjagbo also moves to exclude as irrelevant and more prejudicial than 
probative any evidence that is the subject of the Government’s motion for 
interlocutory sale of certain properties owned by Mr. Torjagbo or FlyingJack 
Freight and Logistics.  The subject matters addressed in those motions, such as 
risk of demise of the properties, is irrelevant to the issues to be addressed in the 
trial of the criminal charges. 
CONCLUSION 
 
Mr. Torjagbo asks that the Court grant this motion.  He also asks that the 
Court allow him additional time to supplement this motion, as he recently received 
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production of a data extraction from his cell phone as discovery.  The defense 
needs additional time to review the data extraction.  Mr. Torjagbo requests two 
weeks to supplement this motion. 
DATED: This 28th 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 
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CERTIFICATE OF SERVICE 
 
This is to certify that I have this day served a copy of the Motion in Limine, 
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 28th day of January, 2025. 
 
 
s/ Kendal D. Silas                   
KENDAL SILAS, Esq. 
Attorney for CARL TORJAGBO 
 
 
Case 1:22-cr-00171-MLB-RDC     Document 161     Filed 01/28/25     Page 11 of 11

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