Supplemental Brief re: 196 Notice of Intention to Use 404(b) Evidence — USA v. Torjagbo (Dkt. 209, 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. 209 · 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
)
  Second Superseding 
CARL DELANO TORJAGBO,
)
a/k/a
)
KARL LUCIUS DELANO.
)
)
____________________________
)
SUPPLEMENT TO DEFENDANT’S
REPLY TO GOVERNMENT’S NOTICE OF INTENT TO USE 
FED. R. EVID. 404(b) EVIDENCE 
COMES NOW the Defendant, KARL LUCIUS DELANO, a/k/a CARL
DELANO TORJAGBO, by and through counsel, and files this updated
supplement to his reply (Doc. 204) to the government’s notice of intent to
introduce evidence under Federal Rule of Evidence 404(b). (Doc. 196). In
supplemental reply and in further opposition to the government’s motion to
introduce extrinsic evidence of other crimes, Mr. Delano shows as follows:
The government filed a 404(b) notice suggesting it just learned the
Defendant has two different social security numbers, associated with two different
dates of birth. (Doc. 196-p.2). The government submits the new revelation, two
different SSNs associated with two different birth dates, demonstrates the
Case 1:22-cr-00171-MLB-RDC     Document 209     Filed 07/13/25     Page 1 of 6

Defendant must have obtained one of his SSNs with false or fraudulent
information. (Doc. 196-p.3). Mr. Delano filed opposition to the government’s
notice. (Doc. 204). 
Defendant’s Corrections and Clarifications.
The government recently produced additional discovery to Mr. Delano1. 
Having reviewed these materials, he now makes the following corrections:
a) The two dates of birth at issue are 9/8/1975 and 9/10/1979. Defendant
previously wrote the birth dates had the same month and day, just a different year.
(Doc. 204-2). This was incorrect. The month is the same. The day is two days
different. The year is four years different. This correction does not change the
relief sought or required by Defendant in opposition to the government’s notice. 
b) The Defendant also wrote the dates of birth were not included on the
filed tax returns. (Doc. 204-pp.2,3, 4). Review of the recent materials suggests the
birth dates were not used or included on the actual returns, however dates of birth
do appear on supplemental forms used to generate the returns, forms which read:
“Federal Information Worksheet. Keep for your records.” The defense does not
believe the dates of birth were submitted to the IRS by the filer in the filing
process, however this matter can be clarified by an evidentiary hearing or perhaps
     1500 plus pages on July 8, 2025,  and 129 pages on July 10, 2025. 
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by proffer from the government. This correction does not change the relief sought
or required by Defendant in opposition to the government’s notice. 
Additional Grounds to Exclude the Evidence.
The government also seeks to introduce evidence that Mr. Delano used a
different date of birth and SSN in obtaining driver’s licenses in Florida and Texas:
The Government also anticipates showing that Defendant used both of
these identities. Specifically, based on queries of law enforcement
databases, Defendant obtained driver’s licenses in Florida and Texas using
the 1975 birthdate; however, he obtained a driver’s license in Georgia using
the 1979 birthdate. The law enforcement queries associate photographs of
Defendant with the Florida and Texas driver’s licenses and the 1975
birthdate, and with the Georgia driver’s license and the 1979 birthdate. The
Government has requested certified copies of these driver’s license records.
(Doc. 196-p.3). 
There is no need for the government to introduce evidence regarding
obtaining or use of the Florida and Texas driver’s licenses other than to create
undue and unfair prejudice. The obtaining or use of the Florida and Texas driver’s
licenses are not inextricably intertwined with the evidence regarding the charged
wire fraud offenses. United States v. Ramsdale, 61 F.3d 825, 829 (11th Cir. 1995). 
They are not necessary to explain the chain of events or context. They do not
explain or prove motive or set-up of the crime. This evidence should not be
admitted as it is not “linked in time and circumstances with the charged crime[s],
[and does not form] an integral and natural part of an account of the crime, or is
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necessary to complete the story of the crime for the jury.” United States v.
Williford, 764 F.2d 1493, 1499 (11th Cir. 1985). 
This evidence does not prove “motive, opportunity, intent, preparation, plan,
knowledge, identity, absence of mistake, or lack of accident.” Fed. R. Evid.
404(b)(2). “Evidence of any other crime, wrong, or act is not admissible to prove a
person’s character in order to show that on a particular occasion the person acted
in accordance with the character.” Fed. R. Evid. 404(b)(1). Even if the proposed
extrinsic evidence did meet the requirements of Rule 404(b), which it does not, it
is more unfairly prejudicial than probative, and must be excluded under the
balancing test of Rule 403.  
WHEREFORE, for the reasons stated above, Mr. Delano requests that the
Court exclude the evidence identified in the government’s notice, including the
obtaining and use of Florida and Texas driver’s licenses, and requests a 
hearing on the government’s notice of intent to use 404(b) evidence and his 
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motion to exclude the same. 
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 Supplement
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   
  
LAW OFFICE OF
L. BURTON FINLAYSON, LLC 
685 Linwood Avenue, NE, Suite 200A
Atlanta, Georgia 30306
(404) 872-0560
lbfcourts@aol.com
6
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