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Government's Notice of Its Intent to Introduce Evidence of Uncharged SBA Loans and Money Laundering — United States v. Bernard Okojie
No. 4:22-cr-00084-LGW-BWC · Doc. 24 · Docket on CourtListener
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Case 4:22-cr-00084-LGW-BWC Document 24 Filed 08/01/22 Page 1 of 6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA )
)
v. ) CASE NO: 4:22-CR-084
)
BERNARD OKOJIE )
GOVERNMENT’S NOTICE OF ITS INTENT TO INTRODUCE EVIDENCE
OF UNCHARGED SBA LOANS AND MONEY LAUNDERING AND
RELATED INFORMATION
The United States gives notice of its intent to introduce evidence of uncharged
Economic Injury Disaster Loans (EIDL) and Paycheck Protection Program (PPP)
Loans relating to Defendant, and evidence relating to such EIDLs and PPPs, along
with evidence of efforts to launder money outside of the scope of the money laundering
conspiracy, at trial, showing as follows:
On June 9, 2022, the grand jury returned an indictment against Bernard
Okojie. The indictment charges one count of conspiracy to commit bank fraud and
wire fraud, one count of wire fraud, and one count of conspiracy to launder money.
I. UNCHARGED SBA LOANS AND RELATED EVIDENCE
At trial, the United States anticipates introducing evidence, including separate
instances of EIDL applications and PPP applications, and payments made to
Defendant, beyond the specific acts referenced in the indictment.
Consistent with precedent from the Eleventh Circuit, the Government
contends that this evidence is not evidence offered under Rule 404(b). See United
States v. Ford, 784 F.3d 1386, 1393 (11th Cir. 2015) (concluding that uncharged
Case 4:22-cr-00084-LGW-BWC Document 24 Filed 08/01/22 Page 2 of 6
conduct in fraud case was inextricably intertwined and thus not subject to Rule
404(b)); United States v. Merrill, 513 F.3d 1293, 1303 (11th Cir. 2008) (concluding
that evidence of non-charged conduct was outside the scope of Rule 404(b)); see also
United States v. Fuertes, 723 F. App’x 733, 737 (11th Cir. 2018) (unpublished)
(affirming convictions of fraud and holding evidence to be “’inextricably intertwined’
with the charged conduct and ‘necessary to complete the story’” and thus admissible
regardless of Rule 404(b)); United States v. Brown, No. 6:18-CR-0001, 2019 WL
1051187, at *1 (S.D. Ga. Mar. 5, 2019) (admitting evidence that is inextricably
intertwined and “necessary to complete the story of the crimes charged in this case”).
Notwithstanding the Eleventh Circuit’s holdings in Ford, Merrill, and other
similar cases, the Government hereby provides notice to the extent required by Rule
404(b) and Local Rule 16.2 of its intent to introduce evidence of additional loan
applications that are associated with Mr. Okojie, if the Court determines such
evidence to be uncharged criminal activities or “bad acts” under Fed. R. Evid. 404(b).
Specifically, the United States intends to introduce evidence that, in addition to the
loans identified in the indictment, the United States intends to introduce evidence
that Mr. Okojie submitted, conspired to submit, or aided and abetted the submission
of additional EIDLs and PPP loans that have been provided to defense counsel in
discovery, and that reflect the dates and times of submission. Any additional
discovery obtained by the United States will promptly be produced, and any
additional crimes, wrongs, and other acts identified after this date will be properly
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Case 4:22-cr-00084-LGW-BWC Document 24 Filed 08/01/22 Page 3 of 6
noticed in a supplemental 404(b) filing.
II. MONEY LAUNDERING AND RELATED EVIDENCE
In addition, the United States provides notice of the following additional
crimes, wrongs, and other acts that are outside the scope of the money laundering
conspiracy charged in Count Three, and that are not inextricably intertwined with
the charged conduct, but that are admissible as Rule 404(b) evidence. Those crimes,
wrongs, and other acts are as follows:
A. Export-based money laundering
The United States intends to introduce instances of Defendant exporting the
proceeds of crimes to out-of-country individuals, and misrepresenting the contents of
the exports to authorities in order to conceal his conduct. These instances include the
following transactions with the commodity claimed to be exported, the claimed value,
the export weight, the export date, and the destination identified for each:
Claimed Commodity Weight Value Export Departure Date Destination
Medication 1.644 KG $80 10/12/2018 Nigeria
Game Cartridges 0.454 KG $120 12/31/2017 Greece
Kids Games 0.17 KG $120 10/22/2017 Thailand
T Shirts 1.077 KG $100 07/05/2017 Finland
Game Cartridges 595 KG $120 09/14/2016 Thailand
Kids Story Books 879 KG $38 11/30/2015 Thailand
Pictures, Games Batteries 539 KG $80 04/23/2014 Nigeria
Video Game Cartridge 567 KG $70 11/12/2015 Nigeria
Kids Learning Books 2466 KG $250 09/12/2013 Nigeria
Learning DVD 1276 KG $45 07/23/2013 Nigeria
T Shirts, Documents 454 KG $100 03/18/2013 Thailand
DVDs, Shoes, Toys 7569 KG $140 08/24/2015 Nigeria
Clothing 2438 KG $200 05/31/2012 Greece
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Case 4:22-cr-00084-LGW-BWC Document 24 Filed 08/01/22 Page 4 of 6
Records relating to this conduct have been produced to defense counsel in
discovery.
B. Undeclared cash on flight to Nigeria
The United States intends to introduce evidence relating to Mr. Okojie, on or
about December 28, 2020, attempting to take $39,700.00 in cash onboard a flight from
Atlanta to Lagos, Nigeria. Mr. Okojie failed to declare the cash and the cash was
seized from Mr. Okojie.
Records relating to this conduct have been produced to defense counsel in
discovery.
* * *
The United States intends to introduce the specified crimes, wrongs, and other
acts in its case-in-chief to show intent, identity, knowledge, plan, and the lack of
accident or mistake. See United States v. Burke, 645 F. App'x 883, 886 (11th Cir.
2016) (upholding 404(b) admission of prior fraud conviction as probative of intent in
fraud trial); United States v. Holland, 722 F. App’x 919, 926–27 (11th Cir. 2018)
(upholding evidence of uncharged similar conduct in fraud trial as either inextricably
intertwined with charged offenses or under 404(b)).
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Case 4:22-cr-00084-LGW-BWC Document 24 Filed 08/01/22 Page 5 of 6
Respectfully submitted, this 1st day of August 2022.
DAVID H. ESTES
UNITED STATES ATTORNEY
/s/ Jonathan A. Porter
Jonathan A. Porter
Assistant United States Attorney
Georgia Bar Number 725457
Post Office Box 8970
Savannah, Georgia 31412
Telephone: (912) 201-2594
Facsimile: (912) 652-4388
jonathan.porter@usdoj.gov
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Case 4:22-cr-00084-LGW-BWC Document 24 Filed 08/01/22 Page 6 of 6
CERTIFICATE OF SERVICE
This is to certify that I have on this day served all the parties in this case in
accordance with the notice of electronic filing (ANEF@) which was generated as a result
of electronic filing in this Court.
This 1st day of August 2022.
Respectfully submitted,
DAVID H. ESTES
UNITED STATES ATTORNEY
/s/ Jonathan A. Porter
JONATHAN A. PORTER
Assistant United States Attorney
Georgia Bar No. 725457
Email: Jonathan.Porter@usdoj.gov
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