See parts one, two and three of this investigation.
THE OTHER CHARGES ON THE INITIAL INDICTMENT
As we have seen, besides the Wire Fraud Conspiracy Count, Abegunde and Ojo were charged with two other counts. They were also charged with Money Laundering Conspiracy which is punishable by up to 20 years in prison; and Aggravated Identity Theft which is punishable by an additional two years in prison consecutive to any other sentence imposed.
Regarding the Money Laundering Conspiracy charge, in Count Nine of the initial indictment, it was alleged that Abegunde, Ojo and other individuals did knowingly combine, conspire and agree with each other and with other persons known and unknown to the grand jury, to commit the offense of Money Laundering.
According to the indictment, this means Abegunde and Ojo knowingly conducted and attempted to conduct financial transactions which involved the proceeds of the specified Wire Fraud (that has been covered at length), knowing that the transactions were designed in whole or in part to conceal and disguise the nature, location, source, ownership and control of the proceeds of the specified Wire Fraud, and that while conducting and attempting to conduct such financial transaction, knew that the financial transaction represented the proceeds of some form of unlawful activity. (See Document 3: Initial Indictment, Filed August 24, 2017, PageID 18-19, Paragraph 53).
To support the allegation that Abegunde and Ojo committed the offense of Money Laundering Conspiracy, the initial indictment re-alleged and incorporated by reference the exact same allegations utilized for the Wire Fraud Conspiracy Count. In other words, the initial indictment restated allegations which – as we have seen – amount to deliberate misinformation to support the Money Laundering Conspiracy count, which carries a sentence of up to 20 years in prison.
According to all the court records in Abegunde and Ojo’s case; as well as the large trove of all discovery document that were meticulously reviewed by the author, there was no evidence found that Abegunde and Ojo knew about the alleged fraud that occurred on July 25, 2016 in the Western District of Tennessee in Memphis – the fraud that served as the basis for Abegunde and Ojo’s indictment. Also the investigation found no evidence that Abegunde and Ojo knowingly concealed and disguised or knowingly attempted to conceal and disguise the proceeds of the fraud that occurred in the Western District of Tennessee on July 25, 2016.
Regarding the Aggravated Identity Theft charge, in Count Twelve of the initial indictment, it was alleged that Abegunde, Ojo and Alonso, in relation to the specified Wire Fraud (that has been covered at length), knowingly transferred possessed and used, without lawful authority, the name identifying information, and unique electronic address of AK [an individual whom the prosecutors chose not to reveal his/her identity], with the intent to commit or to aid or abet, or in connection with obtaining anything of value aggregating $1,000 or more during a one-year period as charged in Count One (Wire Fraud Conspiracy) Count Five (Wire Fraud) Count Nine (Money Laundering Conspiracy) Count Ten (Conspiracy to Commit Computer Fraud). (See Document 3: Initial Indictment, Filed August 24, 2017, PageID 22, Paragraph 59).
In support of the Aggravated Identity Theft charge, the initial indictment also re-alleged and incorporated by reference the allegations utilized for the Wire Fraud Conspiracy charge, and by extension, the Money Laundering Conspiracy charge. As we have seen, an element of Aggravated Identity Theft requires that Abegunde and Ojo knowingly transferred, possessed and used, without lawful authority, a means of identification of another person. Regarding the allegations utilized for the Wire Fraud Conspiracy and Money Laundering Conspiracy charges, as these charges concern Abegunde and Ojo; there was no allegation that Abegunde and Ojo knowingly or transferred, possessed and used the identity of another individual.
Furthermore, according to court records, as well as all discovery documents that were reviewed in the course of the investigation, there was no evidence found that Abegunde and Ojo engaged in Aggravated Identity Theft.
With the investigation firmly establishing that there was no supporting evidence for the Wire Fraud Conspiracy, Money Laundering Conspiracy and Aggravated Identity Theft charges against Abegunde and Ojo (as a matter of fact, the investigation exposed the fact that FBI special agent David Palmer actually stole Abegunde’s identity and impersonated Abegunde); again, the critically important question arises, why were Abegunde and Ojo arbitrary charged with these three offenses that potentially carry lengthy prison sentences without the required supporting evidence? Additionally, since according to the investigation, there was no supporting evidence to charge Abegunde and Ojo with these three offenses; the question also arises, how did the lead prosecutor and lead FBI case agents secure grand jury indictments against Abegunde and Ojo? In other words, what was told to the grand jury in order to secure the grand jury indictments?
The author contacted AUSA Ireland, FBI Special Agents David Palmer, and Marcus Vance for responses to these questions. The author specifically requested that AUSA Ireland release the transcripts of the Grand Jury proceedings. None of them responded to the request for comment. AUSA Ireland also did not respond to the request for the Grand Jury transcripts.
To conclude, based on the lengthy investigation regarding the allegations on the initial indictment; with the highest degree of confidence, the author has conclusively determined that first, Abegunde was charged with Wire Fraud Conspiracy, Money Laundering Conspiracy and Aggravated Identity Theft only because for good reasons, he granted his longtime friend, Ojo permission to utilize his U.S. address and phone number as a contact point for Ojo’s opening of a Wells Fargo bank account. Excluding all the evidence we have seen, simple logic and basic common sense suggests that Abegunde’s actions do not amount to the three charges he was indicted on.
Second, without any evidence to further corroborate wrong doing by Abegunde and Ojo, the lead prosecutor and lead FBI case agents resorted to deploying fraudulent and highly deceptive misinformation on the Initial Indictment. The misinformation masked the very vital fact that the specified Wire Fraud, that Abegunde and Ojo were charged with conspiring to commit – had already been completed, such that the proceeds of the fraud had already been fully disbursed a month before Ojo arrived in the U.S. in August 2016; and also a month before Ojo opened the Wells Fargo bank account. Hence, Abegunde and Ojo could neither have conspired to commit the specified Wire Fraud alleged on the indictment, as there is no evidence they knew about the Wire Fraud; nor could Abegunde and Ojo have committed the Money Laundering Conspiracy and Aggravated Identity Theft offenses, since these offenses logically stem from the alleged Wire Fraud.
Third, the fraudulent misinformation on the initial indictment was also utilized in justifying the prosecution of Abegunde and Ojo in the Western District of Tennessee, where according to U.S. legal provisions, they had no business being prosecuted; and where, according to Judge T Fowlkes Jr, United States District Judge, in the same Western District of Tennessee, Abegunde and Ojo were unlikely to get a fair trial due to their racial heritage.
With the lead prosecutor and lead FBI case agents that carried out these grave injustices still in office, the potential for similar outcomes where racial minorities are unfairly targeted for prosecution, and suffer unjustly is limitless.