Defendant’s Sentencing Memorandum — No. 2:20-cr-00094 (Dkt. 339, S.D. Ohio)

Summary

Defendant Kwame O. Yeboah's sentencing memorandum, filed February 11, 2023 as Doc #339 in United States v. Yeboah, Case No. 2:20-cr-00094-002, in the U.S. District Court for the Southern District of Ohio, Eastern Division. The memorandum states that Yeboah pleaded guilty to Conspiracy to Commit Money Laundering and that accounts in his control received $1,724,246.00. It argues under 18 U.S.C. § 3553(a) that deterrence and protection of the public weigh toward a shorter sentence because he is a first offender. It refers to a 120 month mandatory minimum for count 1 and to a guideline sentence of 70-87 months, which it calls greater than necessary.

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“Defendant’s Sentencing Memorandum — No. 2:20-cr-00094 (Dkt. 339, S.D. Ohio).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/defendant-s-sentencing-memorandum-no-2-20-cr-00094-dkt-339-s-d-ohio-2b932cf693/, SHA-256 e4db9651ffc9abf8428c237165fba1b2c4745756bd4a8b3d9176ac9eefc1c0d1.

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Case: 2:20-cr-00094-SDM Doc #: 339 Filed: 02/11/23 Page: 1 of 4 PAGEID #: 2009

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

UNITED STATES OF AMERICA, :
:
Plaintiff, :
: CASE NO. 2:20-cr-00094-002
v. : JUDGE MORRISON
:
KWAME O. YEBOAH, :
:
Defendant. :

DEFENDANT’S SENTENCING MEMORANDUM

I. Introduction:

Mr. Yeboah pleaded guilty to Conspiracy to Commit Money Laundering. This

memorandum deals with issues relevant to the factors outlined in 18 U.S.C. § 3553(a).

II. Relevant 18 U.S.C. § 3553(a) Factors

For the reasons set forth below, the 120 month mandatory minimum sentence for count 1

is more than sufficient to achieve the purposes of sentencing.

§ 3553(a)(1) The nature and circumstances of the offense and the history and
characteristics of the defendant.

Admittedly, Mr. Yeboah involved himself in money laundering which is very serious

offenses. He has accepted responsibility for his actions.

Kwame is 38 years old and has a 20 month-old daughter named Madison with his

girlfriend, Mary Osiei. He was raised by his mother and paternal grandmother. He reports a stable

and loving upbringing. He is in good health. He is a high school graduate. He is a trained auto

mechanic. For many years he has run his own businesses and presently is a freight broker.

While operating the Twist Lounge & Grill in Columbus, Ohio, Mr. Yeboah was
Case: 2:20-cr-00094-SDM Doc #: 339 Filed: 02/11/23 Page: 2 of 4 PAGEID #: 2010

introduced to Robert Asante and Eric Ahiekpor. Asante and Ahiekpor were intended to be

investors in his businesses. Kwame thought he could increase his creditworthiness if he increased

the amount of money flowing through the businesses. Kwame wanted to obtain bank loans to

diversify his businesses. Asante and Ahiekpor began funneling proceeds from their romance

scams into his business accounts, and in return, he began conducting financial transactions that

furthered their money laundering. Once Kwame discovered the funds were derived from romance

scams, he confronted Asante and Ahiekpor. Nonetheless, Kwame continued to conduct business

with Asante and Ahiekpor, out of fear of being prosecuted because his accounts and businesses

were now associated with criminal activity. Due to Assante and Ahiekpor’s actions, the Twist

Lounge and Grill actually lost money and was closed. Accounts in Kwame’s control received

$1,724, 246.00.

§ 3553(a)(2)(B) The need to afford adequate deterrence.

As a general matter, it is submitted that a lower sentence will offer adequate deterrence.

See, United States v. Hughes, 825 F. Supp. 866 (D. Minn. 1993) (court noting that “the non-

rehabilitation purposes of incarceration -- retribution, deterrence and incapacitation -- would all

be more than adequately served by a far shorter sentence. Both society and the defendant will pay

a dear cost for this sentence and receive very little in return.”). Thus, the cost of incarceration is a

relevant factor in assessing deterrence. Balancing the ineffectiveness of and ethical problems

with general deterrence against the financial costs to society of imprisoning an individual

($42,256.00 per year), may lead the judge to conclude that general deterrence is not a good

reason for a lengthy prison term. See United States v. Cole, 622 F.Supp.2d 632, slip op., 2008

WL 5204441 *6-7 (NDOH 2008).

2
Case: 2:20-cr-00094-SDM Doc #: 339 Filed: 02/11/23 Page: 3 of 4 PAGEID #: 2011

As a specific matter, Mr. Yeboah is a first offender. Prison has greater significance for

those imprisoned for the first time. United States v. Qualls, 373 F.Supp.2d 873, 877 (E.D.Wis.

2005). Therefore, it is suggested that shorter rather than longer sentence is sufficient to impress

on Mr. Yeboah the seriousness of his crimes and deter him from re-offending. According to “the

best available evidence, . . . prisons do not reduce recidivism more than noncustodial sanctions.”

Francis T. Cullen et al., Prisons Do Not Reduce Recidivism: The High Cost of Ignoring Science,

91 Prison J. 48S, 50S-51S (2011). Available at:

http://www.rethinking.org.nz/assets/Newsletter_PDF/Issue_93/Denying_Science_US_2011.pdf “

These factors counsel in favor of imposing a shorter sentence.

§ 3553(a)(2)(C) The need to protect the public from further crimes of the defendant.

Kwame is a first offender. Persons with zero criminal history points have a rate of

recidivism half that of offenders with one criminal history point. See Sent’g Comm’n, Recidivism

and the “First Offender,” at 13-14 (May 2004). This Court should consider the statistically low

risk of recidivism presented by Kwame’s history and characteristics. See, e.g., United States v.

Darway, 255 Fed. Appx. 68, 73 (6th Cir. 2007) (upholding downward variance on basis of

defendant’s first-offender status).

III. Conclusion:

All of these factors listed above suggest that the history and characteristics of Mr. Yeboah

are unique and militiate in favor of a minmum sentence. There is no doubt that Mr. Yeboah’s

involvement in the instant case was voluntary and he should be punished. Mr. Yeboah regrets

his involvement in illegal activity. Under these circumstances, it is recommended that

imposition of the guideline sentence of 70-87 months is greater than necessary to achieve the

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Case: 2:20-cr-00094-SDM Doc #: 339 Filed: 02/11/23 Page: 4 of 4 PAGEID #: 2012

purposes of sentencing.

Respectfully submitted,

s/ Keith A. Yeazel
______________________
Keith A. Yeazel (0041274)
905 South High Street
Columbus, Ohio 43206
(614) 885-2900
keithyeazel@gmail.com
Attorney for Defendant

CERTIFICATE OF SERVICE

A copy of the foregoing was served upon:

Peter Glenn-Applegate
Assistant United States Attorney

using the Court’s CM/ECF system this 11th day of February 2023.

s/ Keith A. Yeazel
______________________
Keith A. Yeazel (0041274)

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