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.

Exculpatory evidence that exonerates Abegunde

Find below key evidence surrounding this case. Click here for a detailed version of these facts.

FBI SPECIAL AGENT MARCUS VANCE: WHEN OPENING A NEW BANK ACCOUNT IN THE U.S., IT IS NORMAL FOR BANKS TO DEMAND A U.S. ADDRESS See Document 353: Special Agent Marcus Vance Testimony, March 12, 2019, PageID 3125

FBI SPECIAL AGENT DAVID PALMER: THERE IS NOTHING ILLEGAL ABOUT GRANT A FRIEND PERMISSION TO OPEN A BANK ACCOUNT At Abegunde’s bond hearing held on June 25, 2018; under cross examination by Abegunde’s attorney at the time, FBI Special Agent David Palmer – one of the lead case agents – was questioned regarding the bank “account that Mr. Ojo opened using the address of Mr. Abegunde…” Abegunde’s attorney asked “Was there anything illegal about that? Is there anything illegal about using an address, you know, as a point of reference to a bank to open an account?” Agent Palmer responded by saying “No.” (See Document 125: Special Agent David Palmer Testimony, June 25, 2018, PageID 412-413).

FBI SPECIAL AGENT MARCUS VANCE: IT IS NOT AN OFFENSE TO USE SOMEONE ELSE’S BANK ATM CARD WITH THEIR PERMISSION At Abegunde’s trial, Abegunde’s attorney tested this position further by expanding the scope of his questioning beyond the legality of granting an individual permission to utilize one’s address to open a bank account. Under cross examination, FBI Special Agent Marcus Vance – the other case agent that investigated the case – was asked “Now, based on a person with specialized knowledge it's not illegal for me to have the pin number of my brother's bank account, is it?” Agent Vance responded by saying “If he shared that with you, yes, I think that would be okay.” Vance further said “Again, as long as we're assuming there's permission, I don't think it would be an offense to use someone else's card with their permission.” (See Document 353: Special Agent Marcus Vance Testimony, March 12, 2019, PageID 3126).

FBI SPECIAL AGENT MARCUS VANCE: THE CHECK OJO USED TO OPEN THE WELLS FARGO BANK WAS NOT AFFILIATED WITH FRAUD At Abegunde’s trial, the testimony of one of the FBI agents that investigated the case – Special Agent Marcus Vance – corroborates the facts that Ojo’s account was opened August 29, 2016; a wholly legitimate check of $26,900 was deposited into the account on the same day; and that there was no evidence that the check was associated with the July 25, 2016 fraud in particular, or any form of fraud in general. (See Document 353: Special Agent Marcus Vance Testimony, March 12, 2019, PageID 3121). Read more

THE FAITHFUL $9,000 TRANSACTION According to Ojo, about the first week of October 2016, he needed to exchange some Nigerian Naira currency for the United States Dollar currency. As such, he contacted an informal vendor — Leke Adenuga, who after agreeing on the exchange rate, requested that Ojo provide his U.S. bank account for the deposit of the agreed upon U.S. Dollar amount of $9,000. The transaction was consummated, and Ojo eventually received the $9,000 in his Wells Fargo bank account that he had provided Leke Adenuga. Read more

WELLS FARGO INVESTIGATOR BRIAN ANCONA: MY CALL TO OJO RESULTED IN THE REVERSAL OF THE $9,000 DEPOSIT At Abegunde’s trial, Brian Ancona confirmed that his phone call resulted in the reversal of the $9,000 that was deposited into Ojo's Bank account.  Under cross examination  at Abegunde 's trial,  Abegunde's attorney asked Brian Ancona "And you placed that call to that telephone number... based on the content of that call, it ended up with a reversal of the deposit that had been in that account, correct?" In response, Brian Ancona said "Yes" (See Document 353: Brian Ancona testimony, March 12, 2019, Page ID 3029).

WELLS FARGO INVESTIGATOR BRIAN ANCONA: OJO DID NOT PROTEST WHEN I ASKED HIM TO RETURN THE $9,000 Brian Ancona further said "Mr. Ojo did not protest when I asked if he will return the funds.” (See Document 353: Brian Ancona testimony, March 12, 2019, Page ID 3030). Pressing further, Abegunde's attorney asked Ancona "And based on the information, based on your inquiry, the money was immediately told to be paid back to the person for whatever purpose, right?” In response, Ancona said "within a short period of time, yes.” (See Document 353: Brian Ancona testimony, March 12, 2019, Page ID 3032). Brian Ancona's testimony at Abegunde's trial establishes that Ojo did not hesitate to authorize the reversal of the funds when he became aware that the $9,000 deposit was inadvertent.

FBI SPECIAL AGENT MARCUS VANCE: WELLS FARGO REVERSED A $9,000 DEPOSIT ONLY AFTER CALL TO OJO See Document 353: Special Agent Marcus Vance Testimony, March 12, 2019, PageID 3124

FBI SPECIAL AGENT MARCUS VANCE: ALONSO DOES NOT KNOW OJO Regarding whether Alonso knew the individuals he sent money to, including the funds that were deposited into Ojo’s bank account; the FBI case agent that investigated the case, FBI Special Agent Marcus Vance testified at trial that Alonso did not know these individuals. Under cross examination by Alonso’s attorney, Agent Vance was asked "To your knowledge, is there any indication that Mr. Ramos Alonso knew any of the individuals that the monies were disbursed to?" In response, Agent Vance said "It is my understanding that he neither knew who was sending him the money or who he was sending the money to." See Document 353: Special Agent Marcus Vance testimony, March 12, 2019, Page ID 3139). These testimonies by FBI Special Agent Vance, and Ramos Alonso make it categorically clear that there was no prior contact between Alonso on the one hand; and either Abegunde or Ojo, on the other hand.

FBI SPECIAL AGENTS KEVIN HALL AND TYSON FOWLER KNOCK ON ABEGUNDE’S DOOR AT HIS HOME IN ATLANTA, GEORGIA In a prison interview with Abegunde, he said he thought at the time that he had engaged in a noble act, and the chapter was closed. Abegunde further said he was however taken aback when early in the morning of March 15, 2017, two FBI agents — Kevin Hall, and Tyson Fowler of the Atlanta Field Division of the FBI — visited his home to inquire about Ojo. According to Abegunde, one of the agents pulled out a copy of Ojo’s Nigerian passport data page, and asked if Abegunde knew the bearer of the passport data page. Abegunde said he confirmed to the agents that Ojo was a longtime friend who he had accommodated during Ojo’s visit to the U.S. in August 2016. Read more

FBI SPECIAL AGENT TYSON FOWLER – A WHITE MAN – ASKED ABEGUNDE TROUBLING, RACIALLY CHARGED AND HIGHLY PREJUDICED QUESTIONS According to Abegunde, with the benefit of hindsight, two questions by the agents stood out, and should have raised thunderous alarm bells. The questions were asked by agent Tyson Fowler. The first was “How is it that you can afford a place like this.” and the second was “why do you Nigerians like to defraud we Americans.” Also, according to Abegunde, after the second question, Kevin Hall appeared to have an adverse reaction to the question and Fowler ceased going further. According to court’s record, Abegunde offered the agents his full cooperation by providing them Ojo’s contact information. Furthermore, as we have seen, according to the reports prepared by the agents, Abegunde also ensured that Ojo contacted the agents’ shortly after they departed Abegunde’s home.

ABEGUNDE: THE BIGGEST MISTAKE OF MY LIFE According to Abegunde, his decision to hospitably open his doors to the FBI agents, and engage in unfiltered innocent discussion with them — in the absence of competent legal representation — is what led to his undoing. Read more

302-REPORTS PREPARED BY FBI AGENTS CLEARS ABEGUNDE OF WRONGDOING According to excerpts of the report prepared by the agents regarding their discussions with Abegunde, “Abegunde reported that he was friends with Ayodeji Ojo and that Ojo was a Nigerian banker. Abegunde advised that he was not aware of Ojo’s involvement with transferring money to Nigeria or whether Ojo knew people in California or Texas. Abegunde stated that Ojo was a person with integrity and would not participate in fraud schemes... (See Document 274: Presentence Investigation Report, PageID 1148, Paragraph 17) Read more

FBI SPECIAL AGENT KEVIN HALL: ABEGUNDE KNOWS MORE ABOUT THE BUYING AND SELLING OF CURRENCY THAN ME Court records of proceedings at Abegunde’s trial confirmed Abegunde’s claims. Under cross examination by Abegunde’s attorney, FBI Special Agent Kevin Hall was asked "And at the time you said, as you’re talking to Mr. Abegunde, he seemingly had known more about the buying and selling of currency than you did, right? " Agent Hall replied by saying, "that’s correct. " Among other questions, Abegunde’s attorney asked Agent Hall "And Mr. Abegunde was abundantly clear that he’s never directed anybody to put money in any account; and he thinks that might be fraud if it’s taken from somebody inappropriately, right? Let me rephrase the question. Mr. Abegunde told you that fraud is deplorable, right? " In response, Agent Hall said "Yes, he did. " (See Document 353: Special Agent Kevin Hall Testimony, March 12, 2019, PageID 3204)

OJO FULLY COOPERATED WITH FBI AGENTS In an interview, Ojo said “I called them [Tyson Fowler and Kevin Hall] through the telephone and we spoke at length. They told me they would reach out to me if they have any further questions.”

FBI SPECIAL AGENT KEVIN HALL: OJO LEFT MULTIPLE MISSED CALLS ON EACH ONE OF OUR PHONES At trial, FBI Special Agent, Kevin Hall corroborated the fact that Ojo persistently called shortly after they departed Abegunde's home. Under direct examination at Abegunde's trial, the prosecutor asked Agent Kevin Hall "Approximately how soon after the visit did he [Ojo] call?" In response, Agent Hall said "The address [Abegunde's address] is located maybe fifteen minutes from our office. As we left, we left our business cards and asked Mr. Abegunde,  if he had contact with Mr. Ojo, to go ahead and have him call us. By the time we left his apartment and went straight back to our office, both myself and the other agent had multiple missed calls on each one of our phones; and then as I was standing at my desk, reviewing the phone calls, another phone calls came in. The person who answered the phone identified himself as Mr. Ojo." (See Document 353: Special Agent Kevin Hall testimony, March 12, 2019, Page ID 3195-3196). Read more

OJO EMAILED LEKE ADENUGA’S CONTACT TO FBI SPECIAL AGENT KEVIN HALL According to Ojo, in his discussion with the FBI agents, he committed to sending them — via email — Leke Adenuga’s contact information. According to a date and time stamped email provided by Ojo, that was reviewed and authenticated by the author, Ojo indeed sent the FBI agents an email with the subject line ‘‘investigation” to Kevin.Hall@ic.fbi.gov on Thursday, March 16, 2017. The email reads: “Good day Kevin, my name is Ayodeji Ojo from Nigeria. We spoke as it regards illegal money transfer, kindly find below the details of the person that I bought money from Leke Adenuga +2348******677.”

THE TRIAL RECORD SHOWS NO CONNECTION BETWEEN ABEGUNDE AND THE $9,000 TRANSACTION The entire case against Abegunde was centered around an infamous $9,000 transaction. However, according to the record of Abegunde’s case – from the indictment to Abegunde’s sentencing – there is no evidence whatsoever that reflects any link between Abegunde and the $9,000 transaction. Rather, all the evidence on the record points to the fact that Abegunde was neither directly nor remotely connected to the $9,000 transaction. The following pieces of evidence reinforce this fact.

FBI 302-REPORTS: OJO RECEIVED THE $9,000 DEPOSIT FROM LEKE ADENUGA WHICH WAS REVERSED The report prepared by the FBI agents further states that “On the same day, Ojo contacted the case agents and advised that Abegunde had let him know that the agents had stopped by his residence. Ojo stated that he had used Abegunde’s address to open a Wells Fargo Bank account, but not for anything else. Ojo reported that he was not in a business relationship with Abegunde. Ojo would bring things like food to Abegunde from Nigeria. (See Document 274: Presentence Investigation Report, PageID 1148-1149, Paragraph 18) Read more

FBI SPECIAL AGENT DAVID PALMER: NO EVIDENCE ABEGUNDE DIRECTED ANYONE TO DEPOSIT $9,000 INTO OJO’S ACCOUNT See Document 346: Special Agent David Palmer Testimony, March 15, 2019, PageID 2893-2894

FBI SPECIAL AGENT MARCUS VANCE: ABEGUNDE DID NOT KNOW THE SOURCE OF THE $9,000 TRANSACTION See Document 346: Special Agent Marcus Vance Testimony, March 15, 2019, PageID 2720-2730

RAMOS ALONSO: I DON’T KNOW ABEGUNDE Alonso’s testimony at trial makes it clear that he did not know Abegunde prior to Abegunde’s arrest and subsequent detention at the West Tennessee Detention Facility (WTDF) in Mason, Tennessee. Under direct examination by Alonso’s attorney, Alonso was asked "When is the first time you saw Mr. Abegunde?" In response, Alonso said "When he [Abegunde] get in Mason, in jail." Alonso’s attorney then asked "Have you ever spoken to him before that?" Alonso responded by saying "No, never." Alonso’s attorney further asked "Had any communication with him whatsoever before that?" Alonso answered " No, not, nothing." Finally, Alonso’s attorney asked Alonso "Did you even know that he existed before that?" Alonso said "No". (See document 334: Javier Ramos Alonso testimony, March 18, 2019, Page ID 2500-2501).

FBI SPECIAL AGENT MARCUS VANCE: THE FBI HAS NO RECORD OF COMMUNICATION BETWEEN ABEGUNDE AND ALONSO See Document 346: Special Agent Marcus Vance Testimony, March 15, 2019, PageID 2754-2755

ABEGUNDE’S BUSINESS COMPLIED WITH REGULATORY REQUIREMENTS Testimony by Mr. Theodore Vlahkis, an expert witness from the Financial Crimes Enforcement Network; as well as testimony from Special Agent Marcus Vance, make it abundantly clear that Abegunde’s business, FJ Williams Inc. DBA TranzAlert was in full compliance with its regulatory obligations.

EXPERT WITNESS FROM FINCEN: ABEGUNDE’S BUSINESS DID NOT VIOLATE ANY ANTI-MONEY LAUNDERING POLICY See Document 332: Theodore Vlahkis Testimony, March 13, 2018, PageID 2010-2013 See Document 332: Theodore Vlahkis Testimony, March 13, 2018, PageID 2045-2053

FBI SPECIAL AGENT MARCUS VANCE: ABEGUNDE WAS REGISTERED WITH FINCEN AND THE GEORGIA DEPARTMENT OF BANKING AND FINANCE See Document 346: Special Agent Marcus Vance Testimony, March 15, 2019, PageID 2702

FBI SPECIAL AGENT MARCUS VANCE: ABEGUNDE WAS IN COMPLIANCE WITH FINCEN DIRECTIVES See Document 346: Special Agent Marcus Vance Testimony, March 15, 2019, PageID 2700

NO EVIDENCE OF FRAUD WAS FOUND ON ABEGUNDE’S ELECTRONIC DEVICES THAT WERE SEIZED BY THE FBI

FBI SPECIAL AGENT MARCUS VANCE: NOTHING FOUND ON ABEGUNDE’S DEVICES SHOWS THAT ABEGUNDE ENGAGED IN MONEY LAUNDERING See Document 346: Special Agent Marcus Vance Testimony, March 15, 2019, PageID 2699

FBI SPECIAL AGENT DAVID PALMER: ABEGUNDE DID NOT ENGAGE IN ROMANCE SCAMS See Document 332: Special Agent David Palmer Testimony, March 13, 2019, PageID 1989

FBI SPECIAL AGENT DAVID PALMER: ABEGUNDE DID NOT ENGAGE IN PHISHING OR ANYTHING ALONG THOSE LINES See Document 332: Special Agent David Palmer Testimony, March 13, 2019, PageID 1987

FBI SPECIAL AGENT DAVID PALMER: I DON’T RECALL FINDING ANY SPOOFED ACCOUNT ON ABEGUNDE’S COMPUTERS See Document 332: Special Agent David Palmer Testimony, March 13, 2019, PageID 1988

FBI SPECIAL AGENT DAVID PALMER: COMPUTER SEIZED FROM ABEGUNDE CONTAINED BUSINESS FINANCE TYPE INFORMATION AND ABEGUNDE’S GRADUATE SCHOOL WORK See Document 332: Special Agent David Palmer Testimony, March 13, 2019, PageID 1988

NO EVIDENCE ABEGUNDE ENGAGED IN BUSINESS EMAIL COMPROMISE See Document 346: Special Agent David Palmer Testimony, March 15, 2019, PageID 2878

NO EVIDENCE THAT ANY BANK ACCOUNT ASSOCIATED WITH ABEGUNDE WAS SHUTDOWN ON SUSPICION OF FRAUD The investigation determined that the allegation – that bank accounts operated by Abegunde and Ojo were shutdown on suspicion of fraud – was speculative at best.

FBI SPECIAL AGENT MARCUS VANCE: TYPICALLY, BANKS DO NOT PROVIDE THE FBI THE REASON FOR BANK ACCOUNT CLOSURES At Abegunde’s trial years after the initial indictment was returned, under cross examination, FBI Special agent Marcus Vance testified – regarding the reason why bank accounts associated with the case were closed – that he did not know for sure the exact reason why the bank accounts were closed. FBI special agent Vance said — under cross-examination — that “Typically, the bank does not provide us the reason for closure — it’s a two way relationship. Essentially, the customer or the bank can close or shut down the account at any point. So they don’t necessarily say it was shut down for A and the next time it was B etcetera. They typically just shut it down. The bank has the power to shut down an account, yes. It’s a two way relationship.” (See Document 346: Marcus Vance Testimony, March 15, 2019, PageID 2736-2737). Pressed further under cross examination, Special Agent Vance further said “I am not privy to the bank’s conversations and how they come to their conclusions.” (See Document 346: Marcus Vance Testimony, March 15, 2019, PageID 2807).

FBI SPECIAL AGENT MARCUS VANCE: I DID NOT KNOW HOW BANKS MAKE DECISIONS ON ACCOUNT CLOSURES See Document 346: Special Agent Marcus Vance Testimony, March 15, 2019, PageID 2736-2737

NO EVIDENCE THAT ABEGUNDE’S BUSINESS TRANSACTION WERE LINKED TO FRAUD As we have seen, the basis for instituting the prosecution against Abegunde was as a result of the $9,000 deposit into Ojo’s account. However, as we have also seen: the evidence at Abegunde’s trial established that there was absolutely no nexus between Abegunde and the $9,000 transaction. As such, at trail, the government pivoted to Abegunde’s day to day business transactions in an attempt to show that Abegunde engaged in wrong doing. However, according to the record of Abegunde’s trial, none of Abegunde’s business transactions were linked to the fraud that occurred on July 25, 2016 in the Western District of Tennessee or the fraud that occurred around October 3, 2016 in Bellingham, Washington. As a matter of fact, according to the record of Abegunde’s trial, no evidence was found of any link between Abegunde’s business transactions and fraud. In other words, at Abegunde’s trial, the attempt to link Abegunde’s day to day business transactions to fraud failed.

FBI SPECIAL AGENT MARCUS VANCE: I DO NOT KNOW THE SOURCE OF FUNDS GOING THROUGH ABEGUNDE’S ACCOUNT See Document 346, Special Agent Marcus Vance, March 15, 2019, PageID 2699

FBI SPECIAL AGENT MARCUS VANCE: THE $9,000 TRANSACTION IS THE ONLY TRANSACTION I CAN STATE WITH FACTS IS TIED TO ILLICIT FUNDS Again, it is worth emphasizing there is no evidence that Abegunde was linked to the $9,000 transaction. See Document 346, Special Agent Marcus Vance, March 15, 2019, PageID 2753

FBI SPECIAL AGENT DAVID PALMER: I CANNOT PINPOINT THE ORIGINAL SOURCE OF THE FUNDS ASSOCIATED WITH ABEGUNDE’S BUSINESS OTHER THAN ONE $9,000 TRANSFER THAT OCCURRED IN OCTOBER 2016 Again, it is worth emphasizing there is no evidence that Abegunde was linked to the $9,000 transaction. See Document 346: Special Agent David Palmer Testimony, March 15, 2017, PageID 2884-2885 See also United States V. Abegunde, Case No. 19-6229, Page 19

U.S. PROSECUTORS AND FBI AGENTS UTILIZED FRAUDULENT MISINFORMATION TO JUSTIFY PROSECTING ABEGUNDE IN THE WESTERN DISTRICT OF TENNESSEE According to court records, over the one year period between when the initial indictment and the superseding were returned – that is between August 24, 2017 and August 30, 2018 in which the application for the warrant to search Abegunde’s home, several court filings, and the bond hearing took place – the lead prosecutor, Assistant United States Attorney Debra Ireland and FBI Special Agent David Palmer continuously utilized false misrepresentations of material facts to justify 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.

U.S. PROSECUTORS AND FBI AGENTS FALSELY CLAIM OJO RECEIVED PROCEEDS OF MEMPHIS FRAUD SO AS TO JUSTIFY THE UNLAWFUL PROSECUTION OF ABEGUNDE AND OJO IN THE WESTERN DISTRICT OF TENNESSEE By far the most consequential allegation on the initial indictment that had far reaching implications for Abegunde and Ojo is the allegation on Count Five of the initial indictment. While neither Abegunde nor Ojo were charged in Count Five of the initial indictment; in Count Five, it was alleged that on July 25, 2016; “Javier Luis Ramos Alonso accepted a $154,371 wire, representing the proceeds of BEC of ‘company A’ in Memphis, TN into his Wells Fargo account ending 7688, and then subsequently deposited the proceeds of this and/or subsequent BECs electronically into account controlled by Ayodeji Olumide Ojo in Atlanta, GA.” (See Document 3: Initial Indictment, Filed August 24, 2017, PageID 17, Count 5).

U.S. LEGAL EXPERT: PROSECUTING ABEGUNDE IN THE WESTERN DISTRICT OF TENNESSEE WAS UNCONSTITUTIONAL For a clearer picture, and a better understanding of the issue of venue in Wire Fraud cases; the author contacted the American Bar Association (ABA), who referred the author to an expert attorney on fraud related matters — Mr. Bruce Zagaris, a partner in the Washington D.C. Law firm of Berliner, Corcoran & Rowe LLP. In clarifying and elucidating the issue of venue in Wire Fraud cases, Mr. Zagaris stated that “The United States Constitution, and the Federal Rules of Criminal Procedure require that criminal defendants be tried in the district where they committed their alleged crimes.” Mr. Zagaris went on to state that “It is standard procedure in United States law that offenses involving the use of wire transmissions can be prosecuted only in the districts from, through, or into which such wire transmission moves.” Mr. Zagaris further explained that “Courts, including the U.S. Court of Appeals for the Sixth Circuit – which sets legal precedents in the U.S. District Court for the Western District of Tennessee – have held that a plain reading of the law regarding proper venue in Wire Fraud cases shows that venue in Wire Fraud cases is limited to districts where the wire transmission is initiated, terminated, or moves through.”

U.S. DISTRICT JUDGE, JOHN T. FOWLKES JR. RAISED ALARM ABOUT RACISM IN PROSECUTIONS IN THE WESTERN DISTRICT OF TENNESSEE Judge John T. Fowlkes Jr., United State District Judge for the Western District of Tennessee — the same district where Abegunde was indicted and prosecuted — had raised concerns in court, that were amplified in news reports, that prosecutors in the Western District of Tennessee bring harsher charges against black defendants than white defendants for similar crimes.Judge Fowlkes also raised concerns about racial discrimination — by prosecutors in the Western District of Tennessee — in at least three different cases. See this article on Commercial appeal; "Two men, one drug deal, different charges: federal judge asks if race played a role"

U.S. PROSECUTOR DEBRA IRELAN DISMISSED CHARGES AGAINST TWO NIGERIANS AFTER FEDERAL JUDGE’S OUTCRY ABOUT RACISM IN THE WESTERN DISTRICT OF TENNESSEE This point is of vital importance because as we have seen, U.S. District Judge John T. Fowlkes Jr. of the Western District of Tennessee – around the time of Abegunde’s prosecution – sounded alarm bells about concerns that race plays an unfair role that negatively affects blacks in prosecutions in the Western District of Tennessee. In other words, according to a serving district judge in the same district where Abegunde and Ojo were charged; Abegunde and Ojo were unlikely to get a fair trial in the Western District of Tennessee. The lead prosecutor as well as the lead FBI case agents in Abegunde and Ojo’s case may have taken a cue from Judge Fowlkes’ alarm bells. This is because shortly after Judge Fowlkes raised his concerns, according to court records reviewed by the author, AUSA Debra Ireland moved to dismiss charges in a separate case – involving two other Nigerians that are Black, Ademola Adeoti and Gbemisola Akinsanya – that was assigned to Judge Fowlkes’s Court. Click here to view the Motion to Dismiss the case against Ademola Adeoti and Gbemisola Akinsanya

MISINFORMATION AND MISREPRESENTATIONS OF MATERIAL FACTS WERE UTILIZED IN SENTENCING ABEGUNDE TO 78 MONTHS IN PRISON Despite all the exculpatory evidence that clearly demonstrates that Abegunde had nothing to do with the $9,000 transaction in particular, or any form of wrongdoing in general; in an effort that completely ignored all the evidence we have seen, the preparer of Abegunde’s Pre-Sentence Investigation Report (PSR) fabricated supposed findings or facts that have no basis in reality. These fabrications had a monumentally damaging impact on Abegunde. Of the highest significance is the fact that the sentencing court then utilized these fabricated findings or facts as the basis for sentencing Abegunde to 78 months in prison.

ABEGUNDE’S PRE-SENTENCE INVESTIGATION REPORT: THE SUPPORTING EVINDENCE THAT ABEGUNDE ENGAGED IN MONEY LAUNDERING IS LIMITED See Document 274: Pre-Sentence Investigation Report, PageID 1152-1153, Paragraph 36

ABEGUNDE’S PRE-SENTENCE INVESTIGATION REPORT: U.S. PROBATION OFFICER ANDREW W. GRANBERRY RECOMMENDED 78-97 MONTHS SENTENCE FOR ABEGUNDE DESPITE STATING THAT SUPPORTING EVIDENCE IS LIMITED See Document 274: Pre-Sentence Investigation Report, PageID 1161

U.S. DISTRICT COURTS JUDGEMENT: JUDGE SHERYL LIPMAN SENTENCED ABEGUNDE TO 78 MONTHS IN PRISON DESPITE NO EVIDENCE See Document 323: Judgement in a Criminal Case, PageID 1598

U.S. DISTRICT COURTS JUDGEMENT: JUDGE SHERYL LIPMAN ORDERED ABEGUNDE TO PAY $57,911.62 IN RESTITUTION DESPITE NO EVIDENCE THAT ABEGUNDE KNOWINGLY RECEIVED ILLICIT FUNDS See Document 323: Judgement in a Criminal Case, PageID 1602

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