SYNOPSIS OF THE CASE
The expression – that we live in times where the color of our skin defines the extent of our human
dignity – may seem hyperbolic at first glance. However, a close examination of the U.S. Criminal
Justice System in general, and the case of Olufolajimi Abegunde in particular exposes a highly racist
Criminal Justice System that is skewed against Blacks, and other people of Color.
Olufolajimi Abegunde also known as Efjay, an enterprising Nigerian male citizen – who founded FJ
Williams Inc., doing business as TranzAlert, a financial technology startup in Atlanta, Georgia, U.S.A.
after an academic foray at Texas A & M University, College Station, Texas – was wrongfully convicted
and imprisoned following an absurd collusion between a U.S. District Judge on the one hand; along
with FBI agents, and U.S. prosecutors on the other.
A thorough investigation uncovered a process – vis a vis Abegunde’s prosecution – fraught with
coercion, intimidation, multiple impersonations, identity thefts, general misconduct etcetera by a
sitting U.S. District Judge, U.S. Prosecutors, and FBI Agents. The culmination of these shenanigans
was the conviction and subsequent sentencing of Abegunde to 78 months in prison by the colluding
U.S. District Judge.
Sequel to the travesty at the District Court where Abegunde was sentenced; Abegunde appealed his
conviction and sentence at the U.S. Court of Appeals for the Sixth Circuit. Unfortunately however,
the farce at the District Court was heightened at the Court of Appeals.
On appeal, Abegunde suffered dual tragedies. First, in Affirming the Judgment of the District Court,
rather than assess and analyze the actual record of the proceedings at the District Court as required
by law; the Appeal Court completely ignored the actual record, and relied solely on the false
misrepresentations of material facts by the prosecutors. A thorough investigation uncovered the fact
that the misrepresentations – by the prosecutors – that the Appeal Court utilized in reaching its
decision to Affirm Abegunde’s Conviction and Sentence, were not only unsupported by the actual
evidence on the record; the misrepresentations were absolutely contrary to the evidence on the
record.
Secondly, Abegunde also suffered the tragedy of incompetent and generally ineffective legal
representation on appeal.
Just as the Appeal Court ignored the actual record of Abegunde’s trial proceedings, and swallowed
the false misrepresentations of the prosecutors hook, line and sinker; the Appeal Court also utilized
a key misrepresentation of a crucial, highly significant, and vitally material fact by Abegunde’s
Appellate Attorney – a misrepresentation that was also contrary to, and unsupported by the actual
evidence on the record – in reaching its decision that venue for the underlying fraud charges was
proper in the Western District of Tennessee where Abegunde was prosecuted.
After the Appeal Court Affirmed the Judgement of the District Court, in a “Motion for Rehearing”
authored by Abegunde himself; Abegunde brought the Appeal Court’s lapses to the Appeal Court’s
attention. In Response to Abegunde’s Motion, while the Appeal Court acknowledged that
Abegunde’s arguments may have had merits in two key areas, the Court still refused to reverse its
decision to Affirm the Judgement of the District Court by vacating Abegunde’s conviction.
If only the Appeal court had actually reviewed and analyzed the actual evidence on the record,
Abegunde would be a free man today with an unbesmirched reputation.
Since Abegunde did not get justice at the Appeal Court, Abegunde embarked upon the next available
means of seeking legal redress. Abegunde filed a Petition for a Writ of Certiorari in the U.S. Supreme
Court. Unfortunately, Abegunde’s Petition was denied by the U.S. Supreme Court.
As already stated, the meticulous investigation exposed the fact that innumerable perfidious acts
were deployed in prosecuting Abegunde. The investigation further brought to light the fact that
there was no scintilla of evidence connecting Abegunde to the underlying fraudulent activities he
was charged with committing.
Also, to correct these injustices, Abegunde sought legal redress by going to trial, and when that
failed, Abegunde appealed. So far, the U.S. court system has failed to provide Abegunde the justice
he rightly deserves.
Nevertheless, Abegunde has continued to languish in prison for over 50 months for no justifiable
reason. This is not only draconian; it is patently unjust, highly unfair, and does not square with the
values the U.S. professes at home, and all around the world.
Hence, this is an urgent call to relevant U.S. authorities for a prompt review of Abegunde’s case in
general; as well as an investigation of the acts of malfeasance by the U.S. District Judge, the
U.S. Prosecutorss and the FBI Agent involved in wrongfully convicting Abegunde. The call is
specifically directed at U.S. authorities that include but are not limited to the U.S. Attorney
General, Merrick Garland; the Inspector General, U.S. Department of Justice, Michael Horowitz; the
FBI Office of Professional Responsibilities; the Head, Administrative Office of the U.S. Courts,
Judge Roslyn Mauskopf. Action is also required by the U.S. policy makers – President of the
United States, other officials in the U.S. Executive branch, U.S. senators and members of Congress
etcetera.
The urgent call is also directed to the Nigerian authorities. The Nigerian authorities must utilize the
existing bilateral relationship between Nigeria and the U.S. to diplomatically request that the
relevant U.S. authorities review Abegunde’s case for the sake of justice and fairness; values America
professes at home and abroad. For example, the Nigerian Attorney- General can
reach out to his U.S. counterpart – the U.S. Attorney General, Merrick Garland – to clarify
the actual facts of Abegunde’s case, and to request a thorough review of Abegunde’s case, in a quest to get justice for Abegunde.
The Head, Nigeria Diaspora Commission, Abike Dabiri, can also play a role in demanding justice for
Abegunde. The same goes for The Honorable Minister of Foreign Affairs in Nigeria, Geoffrey
Onyeoma.
The urgent call for action to get justice for Abegunde is also directed to Civil/Human Rights
groups, as well as Criminal Justice seeking organizations in the U.S. and around the world. These
groups include, but are not limited to the American Civil Liberties Union (ACLU); The National
Association for the Advancement of Colored People (NAACP); the Black Lives Matter (BLM)
Movement; the Exoneration Project; the Innocence Project; Human Rights Watch (HRW); Amnesty
International; National Association of Criminal Defense Lawyers (NACDL) etcetera.
Additionally, the call for action is directed to the ladies and gentlemen of the press in the U.S.,
Nigeria, and all around the world. You are called upon to kindly use your assets and capabilities to
shine a light, and draw attention to the cause that seeks justice for Abegunde.
Finally, good people in the U.S., Nigeria, and all around the world, don’t think for one moment that
this issue does not concern you. Through a draconian collusion among a District Judge, U.S.
Prosecutors, and F.B.I agents that still retain their jobs; without any form of evidence, Abegunde was
convicted and sentenced to 78 months in prison on phantom charges. If this happened to Abegunde,
with the perpetrators of this grave injustice still in office; IT COULD EASILY BE YOU TOMORROW!
Hence, action is also required by Celebrities, Social Media Influences, Civil/Human Rights Activist,
Social Reformers, Subject Matter Experts, Lawyers, and every day people in the U.S., Nigeria, and all
around the world.
Please share this story, use your Social Media Handles to tag policy makers in the U.S., call
your local politicians, your Senators, your Congress Men/Women, use your voice, and SIGN THE
PETITION demanding justice for Abegunde.