Motion to Strike surplusage from Counts 2 and 3 by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 207, 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. 207 · 2025-07-13 · 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
)
 
)
v.
)
                                 
)    Case No. 1:22-cr-00171-MLB-RDC
)
  Third Superseding 
CARL DELANO TORJAGBO,
)
a/k/a
)
KARL LUCIUS DELANO.
)
)
____________________________
)
MOTION TO STRIKE SURPLUSAGE
COMES NOW the Defendant, KARL LUCIUS DELANO, a/k/a CARL
DELANO TORJAGBO, by and through counsel, pursuant to Fed. R. Crim. Proc.
7(d), and moves this Court to strike surplusage from Counts 2 and 3 of the third
superseding indictment in this case. In support of this motion, Mr. Delano shows
as follows:
1.
On July 1, 2025, the government obtained a third superseding indictment in
this case. (Doc. 198). The new indictment charges Mr. Delano in Count 1 with
bank fraud in violation of 18 U.S.C. §§ 1344 and 2. Counts 2 and 3 charge wire
fraud in violation of 18 U.S.C. §§ 1343 and 2. Counts 4 through 6 charge
concealment money laundering in violation of 18 U.S.C. §§ 1956(a)(1)(B)(I) and
Case 1:22-cr-00171-MLB-RDC     Document 207     Filed 07/13/25     Page 1 of 5

2. Counts 7 through 10 charge transactional money laundering in violation of 18
U.S.C. §§ 1957 and 2. Mr. Delano’s arraignment hearing was held on Friday, July
11, 2025, (Doc. 201). The Magistrate Judge accepted Mr. Delano’s waiver of
arraignment and plea of “Not Guilty”1. 
2.
The new indictment charges wire fraud in Counts 2 and 3, and alleges (for
the first time)  the following as part of the scheme:
19. On one of the fraudulent tax returns, Defendant Torjagbo used a
Social Security Number (SSN) that was associated with a date of
birth in 1979 and fraudulently claimed a refund in the amount of
$3,373,441.00.
20. On the other fraudulent tax return, Defendant Torjagbo used a
different SSN that was associated with a date of birth in 1975 and
fraudulently claimed a refund in the amount of $3,015,573.00.
(Doc. 198)(emphasis added). 
3.
Mr. Delano moves to strike these phrases from Paragraphs 19 and 20:
“that was associated with a date of birth in 1979,” and 
     1Counsel filed a waiver of arraignment on July 9, 2025, (Doc. 206). Unfortunately, the
Defendant was brought to the courthouse on July 11, 2025, and held there all day.
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“that was associated with a date of birth in 1975.” 
4.
The alleged use of two different dates of birth is not material to the offenses
charged and it is not an element of the wire fraud counts. Rather, inclusion of
these allegations is a thinly-veiled attempt to include an allegation of a separate
crime: fraud upon the Social Security Administration. The allegation that Mr.
Delano obtained Social Security Numbers under two different birth dates likely
will lead the jury to find him guilty at trial because he allegedly committed a prior
fraud in obtaining his Social Security Numbers. This allegation of a prior crime, if
left in the indictment, elicits nothing more than bad character evidence, in
violation of Rule 404(a), and a propensity to commit crimes, in violation of Due
Process and United States v. Beechum, 582 F.2d 898, 910 (5th Cir.1978) (en
banc).  
5. 
Fed. R. Crim. Proc. 7(c)(1) requires that an indictment "must be a plain,
concise, and definite written statement of the essential facts constituting the
offense charged." Because reference to an alleged alias is unnecessary to the
government's allegations, and in this case very prejudicial, it does not meet the
standard set out by Rule 7(c)(1). 
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6.
The indictment can be easily and fairly redacted. The Court simply should
strike the language of  “that was associated with a date of birth in 1979,” and “that
was associated with a date of birth in 1975” from the indictment. 
WHEREBY, for the reasons put forth above, Mr. Delano asks that this
motion be granted.  
Dated:  This 13th day of July, 2025.
Respectfully submitted,
 
s/ L. Burton Finlayson 
L. BURTON FINLAYSON
Attorney for Defendant 
Georgia Bar Number: 261460
LAW OFFICE OF
L. BURTON FINLAYSON, LLC 
685 Linwood Avenue, NE, Suite 200A
Atlanta, Georgia 30306
(404) 872-0560
lbfcourts@aol.com
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CERTIFICATE OF SERVICE
This is to certify that I have this day electronically filed this Motion to
Strike Surplusage with the Clerk of Court using the CM/ECF system which will
automatically send email notifications of such filing upon all counsel of record
including the following:
 
      Ms. Kelly Connors, and
      Mr. Nicholas Evert 
           
     Assistant United States Attorneys
     600 U.S. Courthouse
     75 Ted Turner Drive, S. W.
     Atlanta, Georgia  30303
DATED:  This 13th day of July, 2025.
 s/ L. Burton Finlayson 
L. BURTON FINLAYSON
ATTORNEY FOR DEFENDANT   
Georgia Bar Number: 261460   
  
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