Court filing

Government's Motion for Turnover Order — United States v. Bernard Okojie

No. 4:22-cr-00084-LGW-BWC · Doc. 135 · Docket on CourtListener

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Case 4:22-cr-00084-LGW-BWC Document 135 Filed 03/06/25 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

UNITED STATES OF AMERICA )
) CASE NO: 4:22-CR-00084-1
)
v. )
)
)
BERNARD OKOJIE )

MOTION FOR TURNOVER ORDER
COMES NOW, the United States of America, pursuant to 18 U.S.C. §§ 3613(a) and

3664(n), and respectfully requests this Court to enter an order directing the United States

Bureau of Prisons to turnover to the Clerk of Court all funds, less $100.00, held in the inmate

trust account of Defendant, Bernard Okojie, as payment towards the criminal monetary

penalties imposed in this case.

Background
On March 30, 2023, Okojie was found guilty of conspiracy to commit wire and bank

fraud, wire fraud, and money laundering conspiracy. Doc. 103. A criminal judgment of

$1,946,286.50 was imposed against Okojie on October 2, 2023 at 7. Doc. 123. As of March 6,

2025, Okojie owes $1,946,483.50. See Exhibit A (“Declaration of Margrita Brady”). Okojie is

currently incarcerated at Talladega Federal Correctional Institution with a scheduled

release date of January 4, 2028. 1

Discussion
Upon entry of judgment, a lien arose against Okojie’s property, including funds held

in his inmate trust account. See 18 U.S.C. §§ 3613(a), 3613(c). Moreover, the Mandatory

1 United States Bureau of Prisons Inmate Search, https://www.bop/mobile/find_inmate/byname.jsp,
(last visited March 3, 2025).
Case 4:22-cr-00084-LGW-BWC Document 135 Filed 03/06/25 Page 2 of 4

Victims Restitution Act (MVRA), 18 U.S.C. §§ 3663A-3664, requires that any property a

defendant receives during incarceration be applied to his outstanding restitution

obligation. Specifically, “[i]f a person obligated to provide restitution, or pay a fine, receives

substantial resources from any source, including inheritance, settlement, or other

judgment, during a period of incarceration, such person shall be required to apply the value

of such resources to any restitution or fine still owed.” See 18 U.S.C. § 3664(n); United

States v. Giles, 819 Fed. Appx. 899 (11th Cir. 2020) (quoting 18 U.S.C. § 3664(n)) (“Because

Giles was ‘obligated to provide restitution, ... [when he] receive[d] substantial resources

from any source ... during [his] period of incarceration, [he was] required to apply the value

of such resources to any restitution ... still owed.”’)

Further, the MVRA obligates Okojie to inform this Court and the Government of any

change in his financial circumstances. Specifically, section 3664(k) states:

A restitution order shall provide that the defendant shall notify the court
and the Attorney General of any material change in the defendant’s
economic circumstances that might affect the defendant’s ability to pay
restitution. The court may also accept notification of a material change in
the defendant’s economic circumstances from the United States or from the
victim . . . Upon receipt of the notification, the court may, on its own motion,
or the motion of any party, including the victim, adjust the payment
schedule, or require immediate payment in full, as the interests of justice
require.

See 18 U.S.C. § 3664(k).

For these reasons, the Government requests the Court enter an order directing the

United States Bureau of Prisons to deliver the balance from Okojie’s inmate trust account,

less $100.00, to the Clerk of Court to be applied to Okojie’s outstanding monetary penalties.

A proposed order is attached for the Court’s consideration.
Case 4:22-cr-00084-LGW-BWC Document 135 Filed 03/06/25 Page 3 of 4

Respectfully submitted, this 6th day of March 2025.

TARA M. LYONS

ACTING UNITED STATES ATTORNEY
SOUTHERN DISTRICT OF GEORGIA

/s/ Lindsay Berman-Hansell
Lindsay Berman-Hansell
Assistant United States
Georgia Bar Number: 575823
Post Office Box 8970
Savannah, Georgia 31412
Telephone: (912) 652-4422
Facsimile: (912) 652-4388
E-mail: lindsay.berman-hansell@usdoj.gov
Case 4:22-cr-00084-LGW-BWC Document 135 Filed 03/06/25 Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that on this 6th day of March 2025 I served all the parties in this

case in accordance with the notice of electronic filing (“NEF”) which was generated as a

result of electronic filing in this Court and by placing a copy in the United States mail with

adequate postage to:

Bernard Okojie
Register Number: 06553-810
Talladega FCI
Federal Correction Institution
P.O. Box 1000
Talladega, AL 35160

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