Petition for Writ of Certiorari — Akohomen Ighedoise, Petitioner v. United States

Supreme Court briefJun 18, 2024

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APPENDIX A

USCA11 Case: 23-10

§

Document: 32-1

Date Filed: 01

2024

Page: 1 of 2

[DO NOT PUBLISH]

Kn

Mnxhh States Court of Appeals

lor % Hututtl] (dtrcutf

No. 23-10270

Non-Argument Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

AKOHOMENIGHEDOISE,

Defendant-Appellant.

Appeal from the United States District Court

for the Middle District of Florida

D.C. Docket No. 8:15-cr-00320-SDM-MRM-l

Date Filed: 01^^2024

USCA11 Case: 23-10270

Page: 2 of 2

Document: 32-1

Opinion of the Court

2

23-10270

Before JORDAN, NEWSOM, and ANDERSON, Circuit Judges.

PER CURIAM:

Thomas A. Burns, appointed counsel for Akohomen

Ighedoise in this direct criminal appeal, has moved to withdraw

from further representation of the appellant and filed a brief

pursuant to Anders v. California, 386 U.S. 738 (1967). Our

independent review of the record reveals that counsel s assessment

of the relative merit of the appeal is correct. Because independent

examination of the record reveals no arguable issues of merit,

counsel's motion to withdraw is GRANTED, and Ighedoise’s

conviction and sentence are AFFIRMED.

1 Ighedoise’s motions for appointment of counsel and to proceed in forma

pauperis are DENIED.

USCA11 Case: 23-10

Document: 37-2

i^p/2024

Date Filed: 0

Page: 1 of 2

3ln %

Mmhb JShttes dfourt of Appeals

Jfor

Httanilj Circuit

No. 23-10270

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

AKOHOMEN IGHEDOISE,

Defendant-Appellant.

Appeal from the United States District Court

for the Middle District of Florida

DC. Docket No. 8:15-cr-00320-SDM-MRM-l

ON PETITION(S) FOR REHEARING AND PETITION(S) FOR

REHEARING EN BANC

USCA11 Case: 23-10

2

Document: 37-2

>^p

Date Filed: 0

/2024

Order of the Court

Page: 2 of 2

23-10270

Before Jordan, Newsom, and Anderson, Circuit Judges.

PER CURIAM:

The Petition for Rehearing En Banc is DENIED, no judge in

regular active service on the Court having requested that the Court

be polled on rehearing en banc. FRAP 35. The Petition for Panel

Rehearing also is DENIED. FRAP 40.

APPENDIX B

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

)

)

)

)

)

)

vs.

AKOHOMEN IGHEDOISE,

Defendant.

1

(Call to Order of the Court at 9:25 a.m.)

THE COURT:

2

3

Perhaps counsel will step

forward to the clerk's table, along with the defendant, please.

4

Case No.:

Good morning.

Good morning.

We are together in Case

5

15-Criminal-320, United States of America vs. Akohomen

6

Ighedoise.

8:15-CR-320

:•

)

)

)

3SENTENCING PROCEEDINGS

BEFORE THE HONORABLE STEVEN D. MERRYDAY

January 18, 2023

9:25 a.m. to 10:40 a.m.

7

Who speaks for the United States?

8

MR. SCRUGGS:

9

Scruggs for the United States.

10

THE COURT:

11

And who speaks for the defense?

12

MR. TROMBLEY:

Good morning. Your Honor.

Patrick

Good morning, Mr. Scruggs.

Good morning, Your Honor.

Wes

APPEARANCES:

13

FOR THE PLAINTIFF:

FOR THE DEFENDANT:

ALSO PRESENT: =5

PATRICK SCRUGGS, ESQUIRE

Office of the United States Attorney

400 North Tampa Street

Suite 3200

Tampa, Florida 33602

WESLEY E. TROMBLEY, ESQUIRE

Trombley S Hanes

707 North Franklin Street

Tenth Floor

Tampa, Florida 33602

Trombley for Mr. Ighedoise.

THE COURT:

14

Good morning, Mr. Trombley.

15

You are Akohomen Ighedoise?

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THE DEFENDANT:

?.

Yes, Your Honor.

17

THE COURT:

18

Mr. Ighedoise, on September 13 of 2022, you pleaded

Good morning.

1?

guilty to Count 1 of a superseding indictment.

20

you with conspiracy, in particular, a conspiracy to commit mail

21

and wire fraud, in violation of parts of Sections 1341, 1343,

22

and 1349 of Title 18 of the United States Code.

23

entered an order that accepts your plea of guilty, and that

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adjudges you guilty of the conspiracy offense charged in

25

Count 1.

Count 1 charges

AKOHOMEN IGHEDOISE, DEFENDANT

(Proceedings recorded by mechanical stenography, transcript

produced by computer-aided transcription.)

REPORTED BY:

Rebekah M. Lockwood, RDR, CRR

Official Court Reporter

(813) 301-5380 I r.lockwoOduscr@gmail.com

P.0. Box 173496, Tampa, Florida 33672

I earlier

So as of the entry of that order, your guilt was

UNITED STATES DISTRICT COURT

3

4

1

determined, and it remains this morning to determine your

1

THE DEFENDANT:

2

sentence.

2

THE COURT:

3

As I know Mr. Trombley has explained, I will

3

Yes, Your Honor.

First, Mr. Trombley, is there any

objection the factual content of the presentence report?

4

determine your sentence by first determining an advisory

4

MR. TROMBLEY:

5

sentence in accord -with the United States Sentencing

5

THE COURT:

a

Guidelines.

And by next inviting both the United States and

6

without objection for the purpose of the advisory Guideline

7

the defense to direct my attention to any matter, including

7

range, and, of course, before considering any other applicable

8

those at 18 U.S.C. 3553(a), that I should consider in arriving

8

factors, is there any objection to the offense level of 33 and

3

at a final and reasonable sentence in accord with applicable

9

a criminal history category I, as recommended by the probation

10

law.

10

office?

Then the factual content is adopted

11

I'll begin by asking Mr. Scruggs if he's had an

11

MR. TROMBLEY:

12

opportunity on behalf of the United States to review and

12

THE COURT:

13

evaluate the presentence report, and if so, whether the United

13

14

States objects either to the factual content of the presentence

14

15

report or to the application of the Sentencing Guidelines that

15

36

is recommended by the United States Probation Office

16

MR. SCRUGGS:

17

THE COURT:

17

MR. SCRUGGS:* Yes, Your Honor, I have.

And the

No, there's not.

No, Your Honor.

All right.

No objection.

Then, preliminarily, that is

adopted as the advisory Guideline calculation.

Mr. Scruggs, is there a motion on behalf of

Mr. Ighedoise under 5K1 or otherwise?

There is not, Your Honor.

Okay.

i

In that case, Mr. Trombley,* I'11

18

United States has no objections to either the factual portion

18

recognize you to advance any matter in mitigation, any matter

19

or the application of the Guidelines.

19

under 3553, after which I'll recognize Mr. Ighedoise to speak

20

on his own behalf, if he chooses to do so.

20

THE COURT:

Mr. Trombley, have you and Mr. Ighedoise

21

had an opportunity together to review and evaluate the

21

22

presentence report?

22

and the several attachments.

23

MR. TROMBLEY:

24

THE COURT:

25

Yes, Your Honor.

I note that I did receive your sentencing memorandum

I read the memorandum in which

23

you listed the several certificates.

Mr. Ighedoise, have you seen the

24

maybe that many — that the defendant has earned during his

presentence report and discussed it with your counsel?

25

detention in recent years.

UNITED STATES DISTRICT COURT.

I think about 70 that —

UNITED STATES DISTRICT COURT

e

5

And I read the other material, not all of it with the

1

1

approximately six years in this Toronto South Detention Centre,

which I knew nothing about until this case.

2

same precision, but I did review all the material that you

2

3

provided.

3

4

statement, but just to let you and Mr. Ighedoise know that I

4

investigative articles and so forth, as well as a investigative

5

did review all the material that was available to me.

5

report or analysis by the Ontario Department of Health, I

And I don't

6

believe it was.

I had hoped that Your Honor

7

THE COURT:

would have received the memo, as you did, and thank you for

8

MR. TROMBLEY:

going through that.

6

That's not to discourage you from making a complete

MR. TROMBLEY:

Understood, Your Honor.

intend to go through everything.

9

Then we supplied the Court a series of articles,

Yes.

That set forth a lot of very troubling

9

issues within the Toronto South Detention facility, and we

10

Just to restate, we did file on January 10th of this

10

brought that to the Court's attention with the argument that is

11

year a sentencing memorandum on Mr. Ighedoise's behalf, which

11

included in the memorandum that the time he spent there did

12

we've both been through a good length, at least at two

12

appear to be convincingly more difficult and harsh than the

13

meetings, and we feel comfortable with the arguments obtained

13

time he would have spent either in a better run facility in

14

within the memorandum.

14

Canada or here in the United States under our laws and our

15

that filing for the request for variance.

15

facilities.

16

So we will rely mostly on those — on

And, Judge, that, just very briefly is, as you

i

i

16

And, Judge, along those lines, sorry t}o back up, for

17

pointed out, is extraordinary educational and what I've called

17

his credit for the time while he was incarcerated, his good

18

rehabilitative efforts while incarcerated.

18

works, there was a letter from a sergeant at the facility.

22

3 I . 23

24

25

I haven't been

doing this that long, but I've been doing it long enough, it

19

THE COURT:

seems, that he is one of the only — he is the only defendant

20

MR. TROMBLEY:

where I've seen that, to the extent of certificates and ability

21

Again, I've never seen someone in a prison facility write a

to kind of broaden his horizons and expand his mind in

22

letter for an inmate anticipating sentencing.

education while incarcerated, which I thought was impressive

23

And then third. Your Honor, this is something I,

and worthy of note.

24

again, have never experienced, kind of this little bit of

25

difficulty determining how to apply credit for the time he has

The second. Your Honor, Mr. Ighedoise spent

UNITED STATES DISTRICT COURT

■

Yes.

Which I thought was impressive.

UNITED STATES DISTRICT COURT

-;V

7

8

1

served in Canadian custody, which appears to be about 74

2

months.

3

later, and then his federal custody date and arrest over to the

3

■would like to read.

4

United States reflects a much later date, November 17th of

4

THE COURT:

5

2021, when in fact his arrest was O'-i.-'ber 7th, 2015.

5

assignment of credit is initially within the domain of the

6

there's a very, very

6

Bureau of Prisons.

7

THE COURT:

7

when he is sentenced and remanded to the custody of the United

8

MR. TROMBLEY:

8

States Marshal, he'll remain in custody here for a brief time

9

in the memorandum, Your Honor —

9

while the Bureau of Prisons designates him to a facility and at

10

THE COURT:

10

that time determines a date of release from that facility and

11

MR. TROMBLEY:

So, Your Honor, my understanding and

11

from federal custody.

12

I've spoken with Mr. Scruggs and also had some correspondence

12

release, they will consider the extent to which he is entitled

13

with the agent in this case, that in conjunction with US —

13

to credit in their view.

14

with the US agent on this case, they, together, sharing

14

date that they convey to his designated facility, and it will

15

information and facts and information that was used in this

15

include credit for that, and he has an internal Bureau of

16

case later, used that to effect an arrest in Canada.

16

Prisons remedy available to contest that credit determination.

1

Because the extradition paperwork, I think, came much

Mr. Ighedoise did prepare a statement that 1 know he

So

His arrest in Canada?

Arrested in Canada, and as I outlined

What triggered that arrest?

Arrested

i

t

have for the Court.

Let me just say one thing.

The

So just so Mr. Ighedoise will know that

So in determining the date of that

And then they will adjust the release

t

17

him under Canadian purposes or reasons, but then later dropped'

17

18

that case in favor of the US indictment.

18

occasion to have someone come back here, which I think you have

19

the right to dc, ultimately, because it has to do with the

19

So there is an acknowledgment, I think, by the

During my term on the bench, I've never had an

20

government, and Mr. Scruggs certainly can clarify that that

20

legality of the tail end of your sentence, I've never had

21

arrest was really this case, and that was October 2015.

21

anybody come back here and lodge a habeas writ or its

equivalent based on that credit determination.

22

Your Honor, so for those reasons, and kind of that

22

23

odd amount of time where we're requesting this large variance

23

How to say this, the Bureau of Prisons is not

24

in Canada, we've asked for a sentence of 34 months, which would

24

interested in unduly detaining people at their expense.

25

be an actual time of incarceration of 108 months.

25

generally, they're — what I'm saying is, it's a very

UNITED STATES DISTRICT COURT

That's all I

UNITED STATES DISTRICT COURT

So,

9

1

straightforward and fair process of determination.

HR. TROMBLEY:

2

Understood, Your Honor.

This just

10

1

care about others, not taking into consideration the suffering

2

and heartaches my actions were causing the victims, and I

became a narcissistic human being.

3

struck me as one that perhaps was slightly different and

3

4

concerning for when they may begin the time.

4

Since my incarceration, I've taken a lot of time to

5

obviously hope that's not the case.

5

reflect and understand the gravity of my offense and I'm very

6

it very clear, either in the PSR or on the record or both,

6

ashamed of the person I became,

obviously, that's enormously important to Mr. Ighedoise.

7

my actions, and I'm truly sorry.

THE COURT:

We hope —

To the extent we can make

I think the recommendation of the United

T take full responsibility for

8

I also realize that my involvement in the criminal

9

States with respect to that credit is probably of some

9

justice system has been a source of pain and embarrassment to

10

significance as well.

10

my family, and they have expressed their complete repugnance by

11

presentation.

11

refusing to have anything to do with me going forward.

12

not enough apologies I can offer that will be at wording for

13

all that I have done, and I do not offer any excuse or defense

14

of any kind to minimize my responsibilities for the offenses to

You're not required to say anything, but

15

which I have pled guilty for.

if you'd like to say something, this is the time for you to do

16

17

During this several-plus years of my incarceration in

L

Canada, I cannot help but th:. b every day how my very seld-sh

18

and destructive ways have negatively impacted the life of my

19

daughter, who has to grow up without a father.

12

13

Anyway, so you had finished with your

And, Mr. Ighedoise, you do have an opportunity to

speak on your own behalf this morning.

14

THE DEFENDANT:

15

THE COURT:

16

Yes, Your Honor.

i

17

that.

Yes, you may go get your notes if you've made them.

THE DEFENDANT:

18

Your Honor, I would like to read

something to the Court.

Your Honor, first I would like to thank you for the

opportunity to address this Court.

I would like to say I

22

apologize to the victims of my crime.

I was — I am very sorry

20

There's

I know my actions have caused irreparable harm and

21

loss to the victims of my offense and to my family,

22

promise this Court from this day forward, I will continuously

But I

23

for the pain my actions have brought upon all of you and your

23

find ways to fix all that I have done, and I wish there are

24

loved ones.

24

other means available to me that I wish I could show to this

25

done.

25

Court how very regretful I am.

No day passes by that I do not regret what I've

I was thinking about myself only.

■ -

Failing to think and

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT

11

1

Your Honor, I know you must be familiar with this

12

1

pidgin?

2

kind of voice in your courtroom.

2

THE DEFENDANT:

3

does not amount to anything, but throughout the several-plus

3

THE COURT:

4

years of my incarceration, all I have done is to find ways to

4

5

positively apply myself seeking out avenues where I cen make

5

THE DEFENDANT:

6

amends.

e

THE COURT:

7.

And most times, it probably

In conclusion. Your Honor, I accept whatever sentence

Yes, Your Honor.

Is that what you would call your second

language?

7

this in the PSR.

Yes, Your Honor.

Okay.

I'd like to amend — I noticed

And with all due respect, it doesn't make

8

you would impose on me, but I pray for mercy, and I ask this

8

sense the way it is.

9

Court to be lenient as possible, taking into consideration my

9

defendant's primary language is Nigerian pidgin.

10

remorsefulness and my effort to better myself, please and

10

term like Creole or dialect or vernacular that describes the

11

thank you.

11

state of a spoken or almost surely a spoken language.

THE COURT:

12

All right.

Thank you.

Just an aside,

12

So in Paragraph 100, that should say the

Pidgin is a

And the other term is patois, p-a-t-o-i-s, that you

13

which has nothing to do with what you just said, it says in the

13

see occasionally.

14

presentence report, I just wanted to check, your primary

14

for it to make sense.

15

language is what?

15

isn't certainly a widespread phenomenon in Nigerian, the

16

official language of which is English.

THE DEFENDANT:

16

>

17

in regular English.

18

THE COURT:

Well, English is the national language of

17

18

*

That should be Nigerian pidgin which

i

I thought so.

Thank you.

Mr. Scruggs, what says the United States, should I

It's the official language of Nigeria.

19

say in closing, with respect to a reasonable sentence?

20

THE DEFENDANT:

20

think that Mr. Trombley draws a fair question is what to make

21

THE COURT:, Nigeria is, of course, remarkable because

21

of this 108 months, I think it was, that he spent in Canada.

22

it has several hundred distinct dialects that are identifiable.

22

You don't think of Canada as a place that houses — or that

23

Some of them, like Hausa and Igbo, and those are more dominant.

23

supports particularly onerous prison facilities.

24

Sometimes the generic phrase Nigeria pidgin is mentioned by

24

you don't like to think of the United States as that.

25

English speakers.

25

events suggests that there are some — confirms that there are

19

Nigeria.

Pidgin English, but I'm also fluent

But you need some word in front of pidgin

Yes, Your Honor.

Is that 3 term that you recognize, Nigerian

. UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT

And I

Then, again,

Recent

13

14

1

some facilities in the United States, even maintained by the

1

Canada.

2

United States that are substandard, to say the least.

2

and oozed over into Canada.

MR. SCRUGGS:

3

So what do you say with respect to a reasonable

3

That was something that originated in the northwest

Is that correct?

I believe that's right, Your Honor.

4

Although the Canadians did identify, I believe, certain

let me

5

Canadian victims.

6

address, if I can, the second question first about the credit.

6

elderly victims from Canada.

7

I agree with what Mr. Trombley raid, which is that

7

THE COURT:

Oozed, ty the way.

is a technical legal

8

Mr. Ighedoise was arrested in, I believe, October of 2015 on

8

9

the Canadian charges.

9

MR. SCRUGGS:

Yes, Your Honor.

But, ultimately, I

10

THE COURT:

11

MR. SCRUGGS:

12

THE COURT:

13

MR. SCRUGGS:

4

sentence here?

MR. SCRUGGS:

5

Thank you, Your Honor.

Yes.

Those are distinct charges.

Yes .

In terms of a legal analysis, they're

14

separate sovereigns.

15

wasn't centered principally on our evidence.

16

collected their own evidence.

can'': say with a straight face to the Court that

11

Mr. Ighedoise's arrest at that time was not brought about

12

because of the United States' investigation.

In other words, we, along with the Toronto police

arrested a number of people in the United States, including

16

Ms. Ellis, Mr. Cortese, and then we were able to arrest

of events in Canada?

17

Mr. Ighedoise.

That was in Canada.

18

Canadians were effectively pursuing this charge to get him in

19

custody or to have some sort of release conditions if he was

authorities had collected was evidence of events in — that

:o

released in Canada in anticipation of him being extradited to

occurred in Canada?

21

the United States.

22

officer of the Court, Your Honor, I think it's fair to say that

23

the Canadians acted really at our request to push those

My recollection is there was only one

24

charges.

isolated event in the evidence in this case that occurred in

25

evidence, that was really at the United States' request, and it

The Canadians had

(

i

MR. SCRUGGS:

THE COURT:

25

10

15

18

24

term.

13

It

But I can't —

service and the FBI here, coordinated a joint takedown whe:e we

THE COURT:

23

We did not bring that prosecution.

I want to say these were these romance-scam.

14

17

22

I'll

MR. SCRUGGS:

Excuse me, the evidence that the Canadian

Correct.

Mostly events in Canada.

There was an international impact as well, but —

THE COURT:

UNITED STATES DISTRICT COURT

And w-r understood at the time that che

Again, I think in all candor and being an

Even though they had a separate case arc separate

UNITED STATES DISTRICT COURT

A

15

1

was in furtherance of our ultimate extradition.

16

1 .

before when he was — when he was in detention, but before the

•filing of the extradition?

2

For reasons beyond our control, meaning the United

2

3

States Attorney's Office's control, the extradition process

3

4

took several months just to get the paperwork completed.

4

does not have an objection to noting that in the judgment and

3

Canada, to my surprise, is a very, I think, onerous - • it's a

5

for Mr. Ighedoise to receive credit for that,

6

very — there's a lot.of due process that's afforded to

6

time, we believe effectively under our process or our

7

defendants in Canada.

7

investigation, so we're not opposed to him getting credit for

8

completed.

8

that.

So it took some time to get that package

MR. SCRUGGS:

Correct, Your Honor.

The United States

He's served that

I don't know what the best mechanism of doing that, if

9

Ultimately, from the documentation I received from

9

it's noted in the judgment, if that is sufficient for BOP.

10

the Bureau of Prisons, and from the Office of International

10

as you noted previously, Your Honor, this may be an issue where

11

Affairs at the Department of Justice, which I sent to

11

we just have to see how BOP calculates it, and if there's an

12

Mr. Trombley, they do not right now appear to give

12

error, then the parties can pursue some sort of correction or

13

Mr. Ighedoise credit from before when the ex —

13

remedy after that.

THE COURT:

14

15

second.

• 17

Hold on just one

Who is "they"?

MR. SCRUGGS:

16

i

Too many pronouns.

Canadians.

I'm sorry.

The Canadians — not the

The. Department of Justice, based on their"

14

THE COURT:

I think that's right.

But

But I think it's

15

also right that where there's a colorable basis to credit him

16

with something, they tend to do it.

17

e ■ .

So I expect that that will

.

come out well for him.

18

calculation, starts the calculation at the filing of the

18

19

extradition paperwork in Canada.

19

Mr. Trombley was gently suggesting, was that a day-for-day

20

months or so before that, he was — Mr. Ighedoise was in

20

credit might not be quite equal to the conditions that he —

21

custody, but there was no extradition paperwork filed, so as of

21

and they won't do that,

22

now, it doesn't appear that he is guaranteed to receive credit

22

but they're not going to say, well, this was unusually harsh

23

for that time.

23

and therefore we're going to give him 120 months or 130 months

24

not —

25

So for the year, about 18

We do not have the — the United States does

THE COURT:

"Thv;; time" be^ng the 3 8 months or so

UNITED STATES DISTRICT COURT

What they won't do, and which I think maybe

They'll make a one-to-one deduction,

24

credit for 108 months served.

25

do that; I've never known them to do that.

I've never — I say they won't

UNITED STATES DISTRICT COURT

th

17

MR. SCRUGGS:

1

Yes, Your Honor.

18

«y

I agree.

I think

1

intimately involved in the money laundering and some of the

And I can't speak to the conditions.

I was

2

fraud activity, but Mr. Ighedoise was the tie to the criminal

2

that's right.

3

surprised.

But I was frankly

3

organization that was orchestrating all of this.

4

surprised to see what Mr. Trombley pointed out about the

4

affiliated, full-fledged member of that group.

5

conditions in Canada, because I think the general assumption is

5

6

that the Canadians, in some respects, have a different

6

evidence of what Mr. Ighedoise's involvement is, we didn't get

7

incarceration system than the United States, and perhaps they

7

as much of a — I thin., a complete picture of exactly what his

8

have more resources for that.

8

role was in this investigation.

9

the documentation of the conditions in Toronto.

9

We know he helped coordinate where the money was going to,

10

States isn't disputing that.

10

helped coordinate some of the fraud.

11

that beyond what Mr. Trombley has already pointed out.

I'm not contesting them.

And so I was surprised to see

So the United

I just have nothing to add to

He was the

y

"\

Having said that, Your Honor, in terms of our

11

We know he worked with Amadi.

But we don't have as many communications from

A

12

Mr. Ighedoise that we did for — as we did for Mr. Amadi.

13

Honor, I think it's fair just to note sort of the two sides of

13

don't have a sense, I think, of the full scope of his

14

the balance here.

On the one hand, we have Mr. Ighedoise, who

14

activities.

15

I think in some respects, and I don't say this in a derogatory

15

title.

16

term, but I think it's fitting, he was sort of the bogeyman of

16

significant player in this scheme, and I think it's appropriate

17

to hold him accountable for that.

12

In terms of a reasonable sentence, though, Your

i

17

18

this case for many years.

Part of that was because he wasn't here.

last defendant who was extradited.

He was the

18

Mr. Ighedoise was the one member, the actual member of this

20

did not —

He

treasurer of this North American chapter in Toronto,

24

a fairly significant position within this group.

22

So he had

Mr. Amadi, who is his codefendant, was, I think, more

UNITED STATES DISTRICT COURT

21

23

THE COURT:

guilty.

Stop just a second.

He

He

He agreed to plead

You say he agreed to cooperate?

MR. SCRUGGS:

Not cooperate.

i

/

But he did ultimately come to the United States.

agreed to cooperate and plead guilty relatively quickly.

was, from what we understand, the Ihaza, I-h-a-z-a, or

/

He was a

19

23

25

He was certainly part of the Black Axe.

He has this

Part of that was because

transnational organized crime group, the Black Axe group.

22

And that's in a way to his benefit.

Ne

He agreed to — well, I

24

suppose he's been cooperative in a sense, but he hasn't

25

specifically agreed to —

UNITED STATES DISTRICT COURT

ir

19

1

2

THE COURT:

20

Well, he gets credit for that with the

acceptance points.

3

MR. SCRUGGS:

4

THE COURT:

Yes, Your Honor.

/

You didn't mean cooperation in the 5K1. /

/

You didn't meat .substantial assistance.

MR. SCRUGGS:

6

Correct, Your Honor.

/

/

/

In this case.

/

1

information, because by the time he got here, the investigation /

2

was really over.

3

pursuing in the United States.

4

opportunity.

5

/

/

There weren't any more targets that we were

/

So he didn't really have an

/

/

But he, I think, has shown remorse.

He has not put

6

the government to its burden of proof at trial, and that's a

!

7

significant factor here.

Because that's why one of the defendants f

8

some, I think, very convincing victims who testified, not only

9

has such a low sentence compared to some others is because of '

9

in this trial, in the trial of Ms. Ellis and Mr. Cortese and

10

his — I think he got a total of — maybe the United States

10

Ms. Johnson, which was before Your Honor.

11

wound up asking for a total of seven levels for Naji, if I

11

codefendants here.

12

remember correctly.

12

7

it's so old now.

3

THE COURT:

13

MR. SCRUGGS:

14

THE COURT:

/

Yes, Your Honor.

Or his sentence would have been much

worse.

16

MR. SCRUGGS:

t

That's correct.

It's probably — I

.

As I think the Court is aware, we had

Those are the

But there was the separate trial of Okechukwu Amadi

13

who is Ikechukwu Amadi's brother.

14

working with Ikechukwu Amadi in the United States to help move

15

the funds.

16

trial as well, some different victims from Ellis, et al. trial.

And I think, hands down, these victims, it was devastating for

He was also money launderer

And we had a number of victims testify in that

17

think it's fair to say he was our most significant cooperating

i 17

18

witness in the case, as well as our venue tie to Tampa, because

18

most of them.

19

he was doing the activity here for the group.

19

But the vast majority of the victims suffered quite a bit.

20

THE COURT:

There were some other factors in that

21

reduction that we don't need to repeat here this morning.

22

just in addition to those — those what amounted to seven

23

formal levels.

24

p"

MR. SCRUGGS:

Yes, Your Honor.

And

s

Mr. Ighedoise didn't r

Some of them were fine.

Some of them recovered.

r

20

And on the one hand, you can look at that and say,

21

well, Mr. Ighedoise should be punished appropriately for the

22

scale of the crime and the effect it had on the victims, and I

23

don't deny that.

24

United States was faced with a dilemma of if we do not offer a

25

plea agreement, if we do not resolve this case, we're going to

But at the same time, we were faced — the

1

/

have really an cuoortunitv Co cooperate mush or provice

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT

!

$

I

i

21

22

)

1

">

have to being those victims back for a trial.

1

And I can tell you, I still speak to these victims

2

The United States recognizes that.

2

So I think balancing it, the equation. Your Honor, if

3

after seven years, some of them still contact me about the

3

you look at Mr. Ikechukwu Amadi, who received a slightly longer

4

restitution process, which, unfortunately, has been delayed by

4

sentence than what the government would be recommending here,

5

the codefendants’ appeals in this case.

5

which is the low end' of 135 months, Mr. Ighedoise and Ikeur.ukwu

6

want to testify. Your Honor.

6

were similarly situated, I think, in terms of their

7

THE COURT:

7

culpability.

8

MR. SCRUGGS:

8

had, I think, more c; a hands-un role i.u managing these money

9

want to put them through that.

9

mules who were opening the bank accounts, in terms of

10

through that.

10

coordinating the fraud.

11

evi ience of Mr. Amadi’s involvement.

11

THE COURT:

12

MR. SCRUGGS:

And X — they don't

That's the bottom line.

I understand.

I don't

They don't want to come back.

I did not want to put them

I understand.

Our evidence indicates, however, that Ike Amadi

i

’

We have just much more extensive

Again, some of them have testified

12

And although Mr. Ighedoise has the title of treasurer

13

twice in federal court, and these are people, as Your Honor

13

and he was part of the Black Axe, I don't know that we can say

14

knows, some of the romance victims in particular never told

14

with confidence exactly what his role was throughout the

15

their families, or until they were subpoenaed, had not told

15

conspiracy.

16

them.

16

he doesn't seem to have been as directly involved in a lot of

17

of them.

17

the activity.

18

Ms. Sparks, who testified in the Ellis case.

19

to bring the victims back if we didn't have to.

They kept it as a secret.

It was a big shame for a lot

'

i

And one of the victims passed away since the trial,

So we didn’t want

We know he was giving direction to Ike Amadi, but

i

18

I think it'*, appropriate if Mr. Ighedoise receive

19

something of a lesser sentence than what Mr. Amadi receive, Ike

20

Amadi, and taking into account the conditions of his

appreciate we could resolve this case by plea agreement so we

21

incarceration in Canada and the decision to — to plead guilty

22

didn't have to relive that and have the victims relive it in/

22

and resolve his case short of trial.

23

court and bring them here.

23

To that extent, Your Honor, the government does

24

25

*

discussion about a trial.

And Mr. Trombley was timely with reaching out to

24

resolve the case before we got to any advanced preparations or

UNITED STATES DISTRICT COURT

lI

25

THE COURT:

When you say Ike Amadi, you mean

Okechukwu?

MR. SCRUGGS:

Ikechukwu Amadi.

UNITED STATES DISTRICT COURT

■?£‘

■ n-

23

1

THE COURT:

Ah, yeah.

2

from the United States?

3

MR. SCRUGGS:

4

THE COURT:

5

MR. SCRUGGS:

6

THE COURT:

7

All right.

Anything further

No, thank you. Your Honor.

Any reason not to proceed with sentence?

No, Your Honor.

Mr. Trombley, anything further from the

defense?

24

1

the district co"rt, a judge must consider a number of factors.

2

including, for example, the policies and Guidelines of the

3

United States Sentencing Commission, the advisory Guideline

4

range, which was determined earlier, the applicable statutory

5

penalties.

6

a maximum of 20 years, 240 months.

7

MR. TROMBLEY:

Nothing further, other than certainly

9

take no issue with the facts.

10

has lived this case much longer than I have.

11

THE COURT:

12

MR. TROMBLEY:

He has lived this, as Your Honor

Yes, sir.

The only — again, I know you've

I believe the applicable statutory penalty here is

I consider the written and oral submissions of

8

counsel, including, of course, the sentencing memorandum and

9

exhibits that Mr. Trombley filed on your behalf.

10

consider your statement on your own behalf in allocution, as

11

the lawyers say, and also the factors at 18 U.S.C. 3553(a).

12

Generally, none of us address them all, but we address the ones

And I

13

explained the position with BOP is if the Department of

13

we think.are most salient in a particular case, as your counsel

14

Justice, we have documents that's giving him credit for 2017

14

did ably in his sentencing memorandum on your behalf.

15

rather than 20:5, there is still mat concern there from our

15

will discuss those in a bit.

16

end.

16

I don't know if there's any more we can do to clarify it.

And I

People tend to phrase these things differently, and I

t

t

17

And I don't know if the other defendants in their — the DOJ

17

can't quote the statute, but, generally, the first statutory

It-

reflection for the credit of their time was accurate, and

18

factor is the nature and characteristics of the offense.

19

that's the date that probation and BOP used.

But if there is

19

this was — although, unfortunately, not a perfectly singular

20

kind of that missing link, it's unique to his case, that does

20

offense, it was in the upper echelon of the category of

21

cause me still some concern.

21

offenses, which it is rightly described.

22

it today.

22

diversity in the sense that there were a number of different

23

concepts, fraudulent concepts that were deployed in a number of :

24

different ways. ■ They’re described very ably, I thought, in the

25

presentence report.

23

THE COURT:

24

MR. TROMBLEY:

25

THE COURT:

I don't know what we can do about

Any reason not to proceed to sentence?

No, Your Honor.

Mr. Ighedoisa, in imposing a sentence in

UNITED STATES DISTRICT COURT

And

It was unusual in its

It’s difficult to summarize so much

UNITED STATES DISTRICT COURT

25

1

2

evidence in so many cases with reasonable brevity.

26

But the

1

2

probation officer made a heroic effort.

But unlike you, Mr. Ighedoise, I had an opportunity

3

people go flatline and die in front of them.

So in that same sense that an emergency room

3

physician needs to maintain their balance, it's necessary for

4

prosecutors and judges and defense lawyers to do the same, but

/■

4

to sit right here in this courtroom and listen to some- of your/

5

victims and some of your lieutenants, some operatives in this /

5

we still see and experience the pain and suffering that's seen

6

organization, some with leadership roles, and some, the

6

caused by the crimes that are tried in our courts.

7

reasonably conclude that something definitive needs to be done

8

in response lo those ugregiour nsrms if :ue opportunity in che

9

law permits.

/

/

/

/

ultimate end-of-the-line operatives, doing the dirty work,

/

z'

actually walking into the bank and opening the accounts that

9

/

would be used to funnel money and things like that.

10

And we can

And I'll have to say that I'm a crusty, old veteran

10

I've seen people testify about their broken dreams

il

rea.'onable person who observed the consequences of the schemes

But even that,

12

that you and your colleagues deployed would come precisely to

And I think it's a fair statement to say that any

11

of trials.

12

and their broken lives and their broken hearts.

13

some of these stories were painful to hear,

Watching the jury^

13

that conclusion.

14

respond in shock, occasionally, in — with the obvious emotion f

14

or another who were vulnerable, having some person whose

15

controlled, witnesses crying on the witness stand, humiliated,

15

expertise is spotting vulnerability and exploiting it for ..nair

16

embarrassed, broke, couple of street-level drug addicts that

16

own gain, well, that's a cold-blooded business.

17

had been hired for little or nothing to open bank accounts as

17

calculated business.

18

ha’-e any rear: .n to th \ . k that v-.u hated any of those people

19

that were the victims of these scams.

20

what do we say these days, collateral damage, to enrich you and

emergency room physician can't afford to scream in horror at

21

your friends.

22

some of the things that are brought before them in the

22

18

if they had any money to put in them and such.

was pathetic.

It was sad.

i

It

It was painful.

And as professionals, as much as, I suppose, an

People, for one reason another — one reason

It'§ a

It's probably not emotional.

I don’t

Their agony is just,

You know, if I had a jury sitting right there in that

23

emergency room, because they have work to do and need to it do

23

box right now, make it as big a jury as you want, make it a

24

well and need to do it under control, still, they see them,

24

hundred, make it a thousand, make it the members of Congress

25

they see the agony, and they sea the blood, and they see the

25

that enacted this law, and we put the facts of tils case t

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT

. «:>-

n—-

f

27

28

1

them, say just go back there in that room and deliberate a

i

2

while and come back and tell me what the sentence should be.

2

3

Do you have any doubt what the sentence would be that they

3

have committed fraud.

4

would arrive at?

4

have committed large-scale fraud are fraudsters.

5

smart, like you.

persuasive statements.

5

I don't think any of us does

They would probably think that I should, with a

6

certain amount of detachment, assess these facts, call them

6

7

exactly as they are. no more and no less, and design a

7

3

proportionate sentence, -which is what I'll do, to the best of

9

(,t-

inventors and propounders of the scheme made money.

So I've had a lot of people stand in front of me who

And I think it's fair to say people who

Most or them

Most of them — many of them able to make

But because they are who they are, and because

8

they've done what they've done, and because things have worked

my ability, without undue — without any sense of vengeance,

9

for them the way they have worked for them, it's difficult to

10

because that has no place in the law, but also without any lack

10

believe a thing they say.

11

of determination or like to see to it that these types of scams

11

12

are deterred, if possible, suppressed where possible, and

12

truth.

13

I know that some of them probably are telling me the

I'm certain that many of them aren't.

I have no

rightly punished where possible, because there's the tears and

13

100-percent reliable way to tell one from the other, but I will

14

heartbreak and misery all over between every <-.-ro lines in this

14

tell you this.

15

presentence report.

15

polished fraudster, as any experienced jurist would be, as any

16

the facts.

16

experienced law enforcement officer or investigator would be,

17

- ■

17

as any experienced defense lawyer would be, "more suspicious of

It just oozes out to those of us who know

Again, oozing being a technical term.

-And

I want to say something else to you,

'

I am much more suspicious of a statement from a

i

: b

Mr. Jghedoise.

18

a polished and savvy fraudster who understands human emotions

19

I've sentenced a lot of cases that involved using the term in

19

and vulnerabilities enough to exploit them successfully time

20

its broadest, most generic sense, fraud, some of it generated

20

after time after time.

21

by organized crime, some of it generated by a couple people who

21

22

think they have a bright idea, sometimes economically proves

22

this, I will say that I have seen — although I’ve seen

23

successful for a while.

23

examples of every, I think, form of conduct after arrest, I

24

successful and I don't know about them.

24

would say there's a discernible tendency for defendants who are/

25

that prove successful for a while, if success means chat the

25

crafty to understand exactly what they should do during their

,

UNITED STATES DISTRICT COURT

i

I've been doing this a good, long time, and

I assume there are ones that prove

But I know about a lot

UNITED STATES DISTRICT COURT.

Again, without making any finding with respect to

/

/

,*

;

29

1

1

who are both criminals and drug addicts, certainly abusers,

Again, I can't tell — I know there are some who — I 'f

2

sometimes it's difficult to know whether the stress and strain

incarceration to prepare not for a life, but for sentencing,

2

30

'y

3

know there are legitimate examples of persons who experienced

rr

3

of a criminal life created a need to medicate the stress with

4

remorse and a sort of self-actuated rehabilitation, and I know 'f

4

the drugs, or whether these drugs clouded the judgment and

5

created a need for money and induced crime,

6

very tight relationship,

7

one, cases of the other, often very difficult to tell which is

8

starling before you.

s

5

there are people who are seemingly incorrigible fraudsters and

6

manipulators.

Again, I — even though I know there are

examples of both, I don't have any ironclad way to tell the

f

r

/

/

difference between one and the other.

And basing that decision on using the term, again, in

9

It's certain!

a

I'm sure there are, again, cases of

And difficult to know, even that, how much difference

9

10

its sort of generalized sense, personality, is dangerous,

10

it makes how an offender got to be an offender, if that

11

especially with fraudsters, because they're very persuasive

11

offender is an offender and if released into the community is

12

generally.

It's how they came to be — how they came to be

12

likely to offend.

13

successful.

They've been recruiting cohorts and targeting

13

14

victims.

15

So I consider, as I was saying, the nature and

Victims tend not to care about the details of why

14

someone broke their life, broke their heart, stole their money.

15

ended their dreams, for instance, devastated their child.

They

16

characteristics of the offense and the nature and

16

tend not to care

17

characteristics of the offender, I'll just say summarily that

17

sitting right there, none of them will care either.

18

having a difficult childhood, upbringing, environment, as a

18

society to be placid, l:,»ful, an I safe.

While it can

19

to be told, we're not doing a very good job of accomplishing

be said that many offenders have difficult backgrounds and were

20

that.

handed a difficult lot in life, by far, the most people who

21

So, yes, I have considered the nature and

ware handed difficult lot in life are not offenders.

22

characteristics of the offense, and I've read carefully your

i

youth, is certainly not uncommon among offenders.

22

i

Probably if I had 535 members of Congress

They want

And lest anybody no

23

And establishing an element of causation between a

23

background that is before me in the writings and in the

24

circumstance and a crime is not an easy thing to do at all.

24

statements made this morning on your behalf.

25

For instance, just to take an obvious example, how many people

25

UNITED STATES DISTRICT COURT

I also consider other matters, including the

UNITED STATES DISTRICT COURT

r

31

32

1

imposition of a judgment that enhances respect for the law.

1

deterrence might have a greater effect is where people plan,

2

Just a word about that.

2

where people assess the means by which they will proceed, place

3

means different things to different people.

3

that they will proceed, targets that they will approach, the

4

things I thin'-, it rightly means '.s that the sentence should not

4

type of personnel they need to recruit in order to effect their

5

be so great as to be viewed as unnecessarily punitive without

5

means, and in which it is possible to calculate a probable

6

reason, nor should it be, as I said a few minutes ago, so

6

range of monetary return so that a reasonable person, such as

lenient or indy ".gent as to sugges4- that the severity of the

7

yourself, who's literate and can assess risk and reward, and,

8

crime has not been recognized, that the injury to the victims

8

of course, probability of apprehension, which is important,

9

has not been recognized, or that society is not sincere in

9

might decide, yes, given X, risk of apprehension, and Y,

10

enforcing its prohibitions.

10

vulnerability to incarceration, and, Z, reward, that equation

11

works for me and I'll commit the crime.

11

It means — that concept probably

But one of the

I also consider protection for the community.

I

12

think it — strike the I think part.

13

the community is a principal consideration in every criminal

14

case.

15

16

Manifestly protection for

changing one of those variables.

14

incarceration variable is changeable right here, right now in a

particular case is one that randomly targeted the community,

15

way that will make this equation not work for others.

and in this case and in related cases, did so broadly

16

That is especially so if the offense of conviction in a

/

18

fancy way of expressing the common-sense notion that people

19

have committed about the same offense, have about the same

20

criminal background, have caused about the same damage, should

extent, and if so, in which categories of cases, assuming that.

21

get about the same sentence.

perhaps it is more effective.

22

and generalized it a little bit too much, but that's

component of sentencing in some categories of cases than

23

essentially what it means.

others.

24

I also consider deterrence.

That is a statutory

factor.

20

it is an effective aspect of sentencing.

25

I also consider the unwarranted — the avoidance of

I

unwarranted disparity, an the lawyers tend to say.

19

i 23

And, of course, that

17

18

22

Well, you know, you can change that equation by

13

throughout the United States, and I1t think we know in Canada.

.. 21

12

There are always arguments about deterrence, whether

If so, to what

Deterrence is a more effective

I think it's fair to say that one area in which

UNITED STATES DISTRICT COURT

25

It's "a

/

/

Yeah, I've simplified it a bit

One need not look too far, whether it's the

l

m

/

r

y

/

/

Sentencing Commission's aggregated data or elsewhere in this

UNITED STATES DISTRICT COURT

!

I

33

1

34

case and in related cases to see that the range of sentences

1

courtroom who is a victim and wants to be heard, I'll — if

2

that we are talking about here is not excessive.

I actually

2

you'll make your presence known, I'll give you that opportunity

3

had occasion to review all the sentences and all the related

3

now.

4

cases before coming here this morning, and I think the judges

4

5

in the Middle District of Florida have together sentenced these

5

6

cases in an admirably consistent and moderate manner.

6

So anyway, Mr. Ighedoise, I've considered all of

7

that, which is not an easy thing to do, nor is it an exact

8

thing to do.

9

matters that have been brought to my attention.

10

other hand, I don't want to forget other matters that have —

7

Some of these sentences are lengthy.

One is

/

There's no response to that, so I just want to make

sure I dotted that I _nd crossed that T, as the

8

tantamount to a life sentence.

9

be a life sentence.

10

who provided the earliest, most useful substantial assistance

11

to the United States has a sentence, which if that fact were

11

that I mentioned.

12

not known, would appear to be disparate.

12

deserve to be thought of as we do what we do.

13

is adjusted for a decision that the United States Congress and

14

the Sentencing Commission made, which is to reward, as a matter *

One might or might not prove to -

Several others are lengthy.

/

/

The person

x

x

/

x

But whr.-. the sentence ,

/

/

were.

I want to, in sentencing you, recognize the

But on the

There are people who are not here who

13

So I have, pursuant to 18 — well, to the Sentencing

14

Reform Act of 1984, to the extent applicable, after the United

15

of United States policy, substantial assistance, that sentence /

15

States v. Booker and pursuant to 18 U.S.C

16

fits perfectly in line with the others.

16

that Akohomen Ighedoise be committed to the Bureau of Prisons

17

factors out, and it all works.

/

/

17

for 210 months.

18

Just adjust those

r

So, actually, not that it's my place to do this, but

3553, determined

I have varied upwards slightly because of the

13

reasons I have stated earlier.

I was pleased with the results from a sentencing standpoint

19

this series of crimes, the startling breadth and reach of the

of — in the matter of consistency and balance.

20

crime, and the other factors that I discussed and need not

21

limit but summarized them now.

I should note that I did not ask if there were any

22

victims present in the courtroom.

23

that is self-evidently no.

24

didn't make that invitation.

25

think that's not possible, if there's any person in the

The rampant injury caused by

I believe that tne answer to

22

So I did not exercise in that — I

23

necessary to establish — to advance the statutory purpose of

But if I'm wrong about that and I

24

sentencing and in context of this offense is altogether

25

reasonable.

UNITED STATES DISTRICT COURT

^

/

I am confident that that sentence is not greater than

I have no objection, and I ttink justi'e would

UNITED STATES DISTRICT COURT

y

*•

35

36

1

served, given the sentence that I have announced, that

1

2

Mr. Ighedoise receive full credit from the time of his initial

2

in the United States courts, people who violate the terras of

3

detention in Canada on related charges.

3

supervision, it's not ignored.

4

Mr. Trombley, that would be 108 months.

4

They often are brought back into court and are subject to being

5

returned to incarceration for a term, sometimes amounting to

I — the date is October 7th, 2015.

6

years.

7

THE COURT:

7

8

MR. TROMBLEY:

9

THE COURT:

10

18 months that we discussed.

11

receiving credit for that.

12

receive credit for that as I calculated this sentence.

MR. TROMBLEY:

5

6

correct.

And if I'm correct,

Your Honor, I don't think that's

All right.

I'm not sure what —

Anyway, the full measure, including the

I have no objection to his

And my expectation is that he will

And just so you will not be surprised, Mr. Ighedoise,

It's not considered trivial.

As a qualifying felon, the defendant must cooperate

8

in the collection of his DNA as directed by the probation

9

officer.

10

Madam officer, has that been accomplished?

11

THE PROBATION OFFICER:

12

I have not verified, Your

Honor, but —

THE COURT:

13

Upon release, the defendant must serve a three-year

13

14 ■

term of supervision in which he must comply with the standard

14

confirm that that DNA has been taken, and if not, to take it

15

conditions adopted in the Court — by the Court in the Middle

15

yourself.

16

District of Florida and as well the following special

16

make sure that gets done.

1

cond'' irons:

17

you know, in cases involving persons from outside the United

18

States.

With all due respect, you are directed to

I suggest you take it yourself anyway, but let's

That's particularly important, as

.

18

First, he must not incur new credit charges, open

19

lines of credit, or obligating himself for a major purchase

19

20

without advanced approval by the probation officer.

20

.21

22

Second, he must provide the probation officer access

to any requested financial information.

And, third, if he's deported, and I think that is a

.

t

Mandatory drug testing requirements of the Violent

Crime Control Act are suspended.

The defendant must pay restitution in the amount of

22

$4,389,340.97 to the victims as provided — as delineated by

;

i

23

the government, by the United States,

near eventuality, he must not reenter the United States without

24

payable to the clerk of the United States District Court for

25

the express permission of the United States.

25

the Middle District of Florida for distribution to the victims.

UNITED STATES DISTRICT COURT

;

21

■ Zi

. .. .’ 23

;

This restitution is.

!

UNITED STATES DISTRICT COURT

i

37

1

2

38

1

Restitution shall be paid jointly and severally with

ccdefendants, Ikechukwu — that's Amadi, isn’t it?

N,

job.

Upon release from custody, the defendant must pay

2

3

MR. SCRUGGS:

Yes, sir.

3

restitution at the rate of $200 a month at any time after his

4

THE COURT:

Derek Amadi?

4

release, of course.

5

MR. SCRUGGS:

5

his ability to pay, that monthly payment rate is changeable

6

the Court.

7

interest, and I will waive the interest payment for the

8

restitution.

THE COURT:

6

7

Yes.

0^

Priscilla Ann Ellis/ Perry Don Cortese,n>°J

Stacey Merritt, and Kenietta Rayshawn Johnson.

Further restitution is jointly and severally payable

8

9

with coconspirators Muhammad Naji in Case 15-Criminal-126.

10

me restate that.

11

Middle District of Florida.

12

Let

A

And in the event of a material change in

I find the defendant lacks the ability to pay

9

I'll also waive — well, does the United States want

10

to be heard on a fine?

11

MR. SCRUGGS:

No, Your Honor.

8:16-Criminal-149 in the Middle District of Florida, Michele

12

THE COURT:

Seems superfluous.

13

Ann Scalley in Case 8:16-Criminal-259 in the Middle District of

13

MR. SCRUGGS:

Yes, Your Honor.

14

Florida, Tampa Division.

14

THE COURT:

15

Dean Morgan in Case 8:17-Criminal-254 in the Middle District of

15

MR. SCRUGGS:

16

Florida, Frederick Miscoe in Cas(e 8:18-Criminal-13 in the

16

17

Middle District of Florida, and Okechukwu Desmond Amadi in case

17

18

8:17-Criminal-447.

18

preliminary order of forfeiture ar. Document 1141 of the docket.

While in the Bureau of Prisons, the defendant must

19

Tnat preliminary order is made permanent and will be

either pay at least $25 quarterly, if he has a UNICOR job or

20

incorporated into the judgment and commitment.

21

50 percent of his monthly earnings — I got that exactly

21

22

backwards.

23

in the Bureau of Prisons' custody, the defendant must pay

23

For the reasons that I have already stated, I find

24

either, one, $25 quarterly if he has a nonUNICOR job, pay at

24

the sentence to be entirely reasonable in the circumstances.

25

least 50 percent of his monthly earnings if he has a UNICOR

25

In Case Number 8:15-Criminal-126 in the

Dana Marie Jewesak in Case Number

J

All these are Tampa Division cases.

Sorry, Mr. [sic] Reporter.

I'll begin with while

22

And otherwise we probably go 250.

Correct, Your Honor.

for the fine.

l

THE COURT:

Seems superfluous.

There is a

I levied a special assessment of $100, which is due

immediately.

Count 2 of the superseding indictment is dismissed \ .

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT

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We're ,ot asking

vd io)

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39

1

accord with the plea agreement and the underlying indictment.

MR. SCRUGGS:

2

3

original indictment.

4

THE COURT:

5

6

40

difference.

■

Yes, he was not included in the

That's correct.

Doesn't make any

All right.

Does counsel for the United States or the defense

1

MR. TROMBLEY:

2

THE COURT:

That, I think, is where he —

All right.

I'll recommend that he be

3

housed at Fort Dix, New Jersey or another facility where he can

4

engage in gainful employment.

5

In your plea agreement, you have largely waived your

6

right to appeal from this judgment and sentence except in three

7

obje.t to.the sentence or the manner of its announcement?

7

circumstances, one of which has occurred here, which is I

8

Mr. Scruggs?

8

sentenced you above the applicable Guideline range,

9

have a right of appeal.

9

MR. SCRUGGS:

10

THE COURT:

11

MR. TROMBLEY:

12

13

No, Your Honor.

Mr. Trombley?

Nothing more, other

11

than what's in our memorandum and what's been said here today.

12

THE COURT:

No, Your Honor.

10

So you do

So with respect to that appeal, there are two things

I need to tell you.

Number one, you — in a direct appeal you always have

The defendant is remanded to the custody

13

a right to counsel.

14

of the United States Marshal to await designation by the Bureau

14

appoint one for you at public expense.

15

of Prisons.

15

Mr. Trombley must preserve and pursue any appeal unless other

Was there a request with respect to his residence?

16

counsel is substituted for him by an order of the Court.

16

If you can't afford counsel, I would

As it stands now.

The thing that occurs 4o me first, does he want to make sure

17

18

he's either with or away from any of the codefendants?

18

written notice of appeal that is filed within 14 days, and that

19

a factor here?

19

is accompanied by a filing fee.

20

fee, Mr. Trombley can ask the Court to waive the fee, and if

21

that’s granted, he can appeal without payment.

. 20

21

MR. SCRUGGS:

Is that

No, Your Honor, it should not be at

this point from the government's perspective.

22

MR. TROMBLEY:

Your Honor, we've — he's pretty open

22

23

to different facilities.

I've suggested a lot of people have

23

24

found success ’working at Fort Di.x in New Jersey.

25

THE COURT:

24

That's right.

25

Number two, to begin an appeal, you must file a"

If you cannot afford a filing

Mr. Trombley, I think it would be advisable here for

you to file a notice of appeal and —

MR. TROMBLEY:

Your Honor, with all due respect,

we've — he's inquired about what would happen in the event of

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT

k

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/

/

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i

41

42

I think that's

1

being outside and over the Guideline range.

2

probably likely that he is going to want to file an appeal.

3

4

2

STATE OF FLORIDA

had planned on asking and moving the Court to appoint an

3

COUNTY OF HILLSBOROUGH

appellate —

4

COURT:

Please do the same.

5

the

6

to waive the filing fee.

I

Just make a motion

I guess he can't pay it.

Is that

right?

MR. TROMBLEY:

THE COURT:

9

10

Correct.

So make a motion co waive the filing fee

and to — for substitution of appellate counsel.

11

MR. TROMBLEY:

12

THE COURT:

13

CERTIFICATE OF REPORTER

1

Okay.

And the magistrate judge will take care

of that.

14

MR. TROMBLEY:

15

THE COURT:

If

MR. SCRUGGS:

17

THE COURT:

18

MR. TROMBLEY:

THE COURT:

Understood, Your Honor.

Anything further from the United States?

No, Your Honor.

Thank you.

i

Anything further from the defense?

Nothing, Your Honor.

We are in adjournment.

(Proceedings adjourned at 10:40 a.m.)

Thank you.

5

that I was authorized to and did stenographically report thc

6

foregoing proceedings; and that the foregoing pages constitute

7

a true and complete computer-aided transcription of my original

a

stenographic notes to the best of my knowledge, skill, and

9

ability.

10

I further certify that I am not a relative, employee,

11

attorney, or counsel of any of the parties, nor am I a relative

12

or employee of any of the parties' attorneys or counsel

13

connected with the action, nor am I financially interested in

14

the action.

IS

16

Hillsborough County, Florida, this 13th day of March 2023.

18

19

!

20

22

22

23

23

24

24

25

UNITED STATES DISTRICT COURT

IN WITNESS WHEREOF, I have hereunto rat my hand at Tampr.

17

21

25

I, Rebekah M. Lockwood, RDR, CRR, do hereby certify

REBEKAH M. LOCKWOOD, RDR, CRR

Official Court Reporter

United States District Court

Middle District of Florida

APPENDIX C

L'.

USCA11 Case: 23-10

Document: 37-2

Date Filed: 0

m

2024

Page: 1 of 2

3ln tFjc

Mntfefr States Court of Appeals

lor % HEtontl} (Etmni

No. 23-10270

UNITED STATES OF AMERIC A,

Plain tiff-Appellee,

versus

AKOi lOMEN IGHEDOISE,

D efendant-Appellant.

Appeal from the United States District Court

for the Middle District of Florida

D.C. Docket No. 8:15-cr-00320-SDM-MRM-l

ON PETITION(S) FOR REHEARING AND PETITION(S) FOR

REHEARING EN BANC

USCA11 Case: 23-10

2

Document: 37-2

Date Filed: 0

2024

Order of the Court

Page: 2 of 2

23-10270

Before Jordan, Newsom, and Anderson, Circuit Judges.

PER CURIAM:

The Petition for Rehearing En Banc is DENIED, no judge in

regular active service on the Court having requested that the Court

be polled on rehearing en banc. FRAP 35. The Petition for Panel

Rehearing also is DENIED. FRAP 40.

USCA11 Case: 23-10

Document: 38-2

Date Filed: 0

Page: 1 of 2

Iln tfye

Mrntefr

fflnurt nf iVppBafe

3for fyfi lElElicntfi (Etrnrif

No. 23-10270

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

AKOHOMENIGHEDOISE,

Defendant-Appellant.

Appeal from the United States District Court

for the Middle District of Florida

D.C. Docket No. 8:15-cr-00320-SDM-MRM-l

JUDGMENT

USCA11 Case: 23-10

Document: 38-2

Date Filed: 0

2024

Page: 2 of 2

23-10270

2

It is hereby ordered, adjudged, and decreed that the opinion is­

sued on this date in this appeal is entered as the judgment of this

Court.

Entered: January 29, 2024

For the Court: David J. Smith, Clerk of Court

ISSUED AS MANDATE: April 15, 2024

a XIQNSdtdV

No. 23-10270

3dn tfje 33niteb States Court of Appeals

for tlje Clcbcntf) Circuit

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

TABLE OF CONTENTS

Document

Tab

Docket sheet

A

Superseding indictment

25

Plea agreement

1121

Minute entry

1126

Consent to plea before magistrate judge

1127

Consent to PSR.

1128

Report and recommendation.

1129

Acceptance of plea

1132

Sentencing memorandum

1144

Minute entry

1149

Judgment

1150

Notice of appeal

1153

Plea transcript

1165

Sentencing transcript.

1167

v.

AKOHOMEN IGHEDOISE,

Defendant-Appellant.

On Appeal from the United States District Court

for the Middle District of Florida, Tampa Division

Case No. 8:15-cr-320, Hon. Steven D. Merryday

APPENDIX ON APPEAL OF AKOHOMEN IGHEDOISE

VOLUME ONE OF ONE

Thomas A. Burns

BURNS, P.A.

301 West Platt Street, Suite 137

Tampa, FL 33606

(813) 642-6350

tburns@burnslawpa.com

Court-appointed counsel for

Akohomen Ighedoise

1

Electronic Case Filing | U.S. District Court - Middle District of Florida

6/29/23, 4:59 PM

APPEAL, CLOSED, CUSTODY, SL DOC

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I filed the original and lwo copies of this

U.S. District Court

Middle District of Florida (Tampa)

CRIMINAL DOCKET FOR CASE#: 8:15-cr-00320-SDM-MRM-l

appendix with the Clerk of Court via CM/ECF and regular mail on this

Case title: USA v. Ighedoise et al

5th day of July, 2023, to:

Date Filed: 08/20/2015

Date Terminated: 01/20/2023

David J. Smith, Clerk of Court

U.S. Court of Appeals for the

Eleventh Circuit

56 Forsyth Street N.W.

Atlanta, GA 30303

Assigned to: Judge Steven D. Merryday

Referred to: Magistrate Judge Mac R.

McCoy

Appeals court case number: 23-I0270-D

11th Circuit

I FURTHER CERTIFY that I served a true and correct copy of the

Defendant CD

foregoing brief via CM/ECF on this 5th day of July, 2023, to:

United States

Akohomen Ighedoise

TERMINATED: 01/20/2023

AUSA Holly Gershow

represented by Thomas A. Burns

Burns, PA

301 W Platt St Ste 137

Tampa, FL 33606-2292

813/642-6350

Fax: 813/642-6350

Email: tburns@burnslawpa.com

I FURTHER CERTIFY that I served a true and correct copy of the

ATTORNEY TO BE NOTICED

Designation: CJA Appointment

foregoing brief via electronic mail on this 5th day of July, 2023, to:

Wesley E. Trombley

Trombley & Hanes

707 N. Franklin Street, 10th Floor

Tampa, FL 33602

813/229-7918

Fax: 813/223-5204

Email:

wtrombley@trombleyhaneslaw.com

TERMINATED: 01/18/2023

ATTORNEY TO BE NOTICED

Designation: CJA Appointment

Akohomen Ighedoise (74906-509)

USP Atlanta

601 McDonough Boulevard, S.E.

Atlanta, GA 30315

July 5, 2023

/s/ Thomas Burns

Thomas A. Burns

2

Pending Counts

Disposition

18:1349.F ATTEMPT AND

CONSPIRACY TO COMMIT MAIL

Imprisonment: 210 months; Supervised

Release: 3 years; Fine: Waived; Special

https://ecf.Mmd.uscourts.gov/cgi-bin/DktRpt.pl7en833574770776-L_1_0-1

Page 1 of 17

6/29/23, 4:59 PM

Electronic Case Filing | U.S. District Court - Middle District of Florida

FRAUD

(1)

Orlando, FL 32804-6400

407-898-5151

Fax: 407-S98-2468

Email; mark@markomaralaw.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Retained

Assessment: $100;

Restitution^,389,340.97

Highest Offense Level (Opening)

Felony

Terminated Counts

Disposition

18:1956-7477.F LAUNDERING OF

MONETARY INSTRUMENTS

Dismissed on motion by the United States

(2)

Movant

Preston Leonard Schofield

Hiphest Offense Level (Terminated!

Felony

Complaints

None

Plaintiff

Claimant

represented by Victoria Ellis

3418 Castleton Drive

Killeen, TX 76542

PROSE

Claimant

State of Texas County of Bell

represented by Harvey M. Allen

McCreary. Veselka, Bragg & Allen, P.C.

P.O.Box 1269

Round Rock, TX 78680

512-323-3200

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Retained

https://ecf.flmd.uscoufts.gov/cgi-bin/DktRpt.pl7811833574770776-L_1_0-1

represented by Matthew Jackson

US Attorney's Office - FLM

Suite 3200

400 N Tampa St

Tampa, FL 33602

813/301-3083

Fax: 813/274-6125

Email: matt.jackson@usdoj.gov

TERMINATED: 11/10/2015

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Retained

Patrick Scruggs

US Attorney's Office - FLM

Suite 3200

400 N Tampa St

Tampa, FL 33602

813-274-6034

Email: patrick.scruggs@usdoj.gov

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Retained

Movant

Mark M. O'Mara

represented by Preston Leonard Schofield

1703 South Roy Reynolds Drive

Killeen, TX 76543

PROSE

Disposition

USA

Victoria Ellis

TERMINATED: 0711712018

6/29/23, 4:59 PM

Electronic Case Filing | U.S. District Court - Middle District of Florida

Amanda C. Kaiser

US Attorney's Office - FLM

Suite 3200

400 N Tampa St

represented by Mark M. O'Mara

O'Mara Law Group

Ste 200

221 NE Ivanhoe Blvd

Page 2 of 17

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl7811833574770776-L_1_0-1

Page 3 of 17

Electronic Casu Filing | U.S. District Court - Middle District ol Florida

6/29/23, 4:59 PM

Tampa, FL 33602-4798

813/274-6000

Fax: 813/274-6103

Emai I: TPA DOCKET.Mai 1 box @ usdoj. aov

TERMINATED: 09/2912016

ATTORNEY TO BE NOTICED

Eric Gerard

US Attorney's Office - FLM

Suite 3200

400 N Tampa St'

Tampa, FL 33602-4798

813-301-3083

Email: TPADOCKET.Mailbox@usdoj.gov

ATTORNEY TO BE NOTICED

Holly L. Gershow

US Attorney's Office - FLM

Suite 3200

400 N Tampa St

Tampa, FL 33602

813/274-6000

Email: holly.gershow@usdoj.gov

TERMINATED: 07/01/2016

ATTORNEY TO BE NOTICED

Julie A. Simonsen

United States Attorney s Office

400 N. Tampa Street., Suite 3200

Tampa, FL 33602

813-301-3067

Email: julie.simonsen@usdoj.gov

ATTORNEY TO BE NOTICED

Suzanne C. Nebesky

US Attorney's Office - FLM

Suite 3200

400 N Tampa St

'I ampa.FL 33602-4798

6/29/23, 4:59 PM

813/274-6000

Emai I: suzanne .nebesky @ usdoj .gov

ATTORNEY TO BE NOTICED

Date F iled

It-

09/24/2015

22 ♦♦♦UNSEALED PER ORDER 1016*** SEALED MOTION to Seal by USA as to

Docket Text

Akohomen Ighedoise, Ikechukwu Derek Amadi, Priscilla Ann Ellis, Perry Don

Cortese, Stacey Merritt, Kenietta Rayshawn Johnson. (AMD) Modified on 7/29/2021

(CTR). (Entered: 09/28/2015)

09/24/2015

24

♦♦♦UNSEALED PER ORDER 1016***ORDER SEALED granting 23 Sealed

Motion as to Akohomen Ighedoise (1), Ikechukwu Derek Amadi (2), Priscilla

Ann Ellis (3), Perry Don Cortese (4), Stacey Merritt (5), Kenietta Rayshawn

Johnson (6). Signed by Magistrate Judge Julie S. Sneed on 9/24/2015. (AMD)

Modified on 7/29/2021 (CTR). (Entered: 09/28/2015)

09/24/2015

25

SUPERSEDING INDICTMENT returned in open court as to Akohomen Ighedoise

(1) count(s) 1,2, Ikechukwu Derek Amadi (2) count(s) 1,2. Priscilla Ann Ellis (3)

count(s) Is. 2s, Perry Don Cortese (4) count(s) Is. 2s, Stacey Merritt (5) count(s) I,

2, Kenietta Rayshawn Johnson (6) count(s) 1,2. (AMD) (Entered: 09/28/2015)

09/24/2015

26

♦♦♦UNSEALED PER ORDER 1016*** Arrest Warrant Issued as to Akohomen

Ighedoise. (AMD) Modified on 7/29/2021 (CTR). (Entered: 09/28/2015)

09/28/2015

Jillian M. Jewell

US Attorney's Office - FLM

Suite 3200

400 N Tampa St

Tampa, FL 33602-4798

Email: jillian.jewell@usdoj.gov

ATTORNEY TO BE NOTICED

https:/,-4cl.Nmd.uscourts.gov/cgi-bin/DktRpt.pi78l1833574770776-C_1_0-1

Electronic Cere Filing | U.S. District Court - Middle District of Florida

Sealed Documents S-23 to S-28. (AMD) (Entered: 09/28/2015)

10/14/2015

44

BILL of particulars as to Priscilla Ann Ellis, Perry Don Cortese, Akohomen

Ighedoise, Ikechukwu Derek Amadi, Kenietta Rayshawn Johnson, Stacey Merritt.

(Gershow, Holly) (Entered: 10/14/2015)

10/15/2015

46

STATUS REPORT for October 2015 by USA as to Akohomen Ighedoise, Ikechukwu

Derek Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta

Rayshawn Johnson (Jackson, Matthew) (Entered: 10/15/2015)

11/03/2015

22

NOTICE OF ATTORNEY APPEARANCE Patrick Scruggs appearing for USA.

(Scruggs, Patrick) (Entered: 11/03/2015)

11/10/2015

24

Notice of substitution of AUSA. Patrick Scruggs substituting for Matthew Jackson.

(Scruggs, Patrick) (Entered: 11/10/2015)

11/12/2015

77

STATUS REPORT November by USA as to Akohomen Ighedoise, Ikechukwu Derek

Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn

Johnson (Scruggs, Patrick! (Entered: 11/12/2015)

11/13/2015

■ 19

US Marshal 285 form for Execution of SW/Check Deposit. Remarks: $130,692.08

USC deposited on 10/9/15. (AMD) (Entered: 11/16/2015)

11/13/2015

S2 US Marshal 285 form for Execution of SW/Check Deposit. Remarks: $64,584.25

11/13/2015

Si US Marshal 285 form for Execution of SW/Check Deposit. Remarks: $7,083.08 USC

USC deposited on 10/9/15. (AMD) (Entered: 11/16/2015)

Page 4 of 17

https://ecf.flmd_.uscourt5.gov/cgi-bin/DktRpi.pl7611833574770776-L_1_0-l

;

Page 5 of 17

Electronic Case Filing | U.S. District Court - Middle District of Florida

6/29/23, 4:59 PM

Electronic Case Filing | U.S. District Court - Midale District of Flor. j

Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn

Johnson (Scruggs, Patrick) (Entered: 04/08/2016)

deposited on 10/9/15. (AMD) (Entered: 11/16/2015)

11/13/2015

82

11/13/2015

S3

US Marshal 285 form for Execution of SW/Check Deposit. Remarks: $21,837.89

USC deposited on 10/9/15. (AMD) (Entered: 11/16/2015)

04/29/2016

US Marshal 285 form for Execution of SW/Check Deposit. Remarks: $207,583.45

USC was deposited on 10/9/15. (AMD) (Entered: 11/16/2015)

21.7. MOTION for immediate Monsanto Hearing by Victoria Ellis.(AMD) Motions

referred to Magistrate Judge Thomas G. Wilson. (Entered: 04/29/2016)

05/10/2016

234

06/09/2016

276 STATUS REPORT June 2016 by USA as to Akohomen Ighedoise, Ikechukwu Derek

Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn

Johnson (Scruggs, Patrick) (Entered: 06/09/2016)

06/10/2016

277

SUPPLEMENT re 276 Status Report June by USA as to Akohomen Ighedoi.

Ikechukwu Derek Amadi, Priscilla Ann Ellis. Perry Don Cortese, Stacey Me

Kenietta Rayshawn Johnson (Attachments: # I Exhibit Monthly Update from

Priscilla Ellis and Mailing envelope)(Scruggs, Patrick) (Entered: 06/10/2016)

11/13/2015

84

US Marshal 285 form for Execution of SW/Check Deposit. Remarks: $19,985.00

USC deposited on 10/9/15. (AMD) (Entered: 11/16/2015)

11/13/2015

85

US Marshal 285 form for Execution of SW/Check Deposit. Remarks: $55,797.69

USC deposited on 10/9/15. (AMD) (Entered: 11/16/2015)

12/11/2015

93

STATUS REPORT December by USA as to Akohomen Ighedoise, Ikechukwu Derek

Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, kenietta Rayshawn

Johnson (Scruggs, Patrick) (Entered: 12/11/2015)

01/04/2016

100 NOTICE OF ATTORNEY APPEARANCE Eric Gerard appearing for USA. CoCounsel (Gerard, Eric) (Entered: 01/04/2016)

01/08/2016

101

01/08/2016

01/14/2016

102

107

o/29/23, 4:59 PM

STATUS REPORT May 2016 by USA as to Akohomen Ighedoise, Ikechukwu Derek

Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn

Johnson (Scruggs, Patrick) (Entered: 05/10/2016)

06/30/2016

295

Joint MOTION to continue trial by Perry Don Cortese as to Priscilla Ann Ellis, Perry

Don Cortese, Akohomen Ighedoise, Ikechukwu Derek Amadi, Kenietta Rayshawn

Johnson, Stacey Merritt. (Maddux, Michael) (Entered: 01/08/2016)

Notice of substitution of AUSA. Amanda C. Kaiser substituting for Holly L.

Gershow. (Kaiser, Amanda) (Entered: 06/30/2016)

07/08/2016

300

STATUS REPORT by USA as to Akohomen Ighedoise, Ikechukwu Derek Amadi,

Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn Johnson

(Scruggs, Patrick) (Entered: 01/08/2016)

STATUS REPORT and Exhibit A by USA as to Akohomen Ighedoise, Ikechukwu

Derek Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta

Rayshawn Johnson (Scruggs, Patrick) (Entered: 07/08/2016)

08/09/2016

339 STATUS REPORT August 2016 by USA as to Akohomen Ighedoise, Ikechukwu

Derek Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta

Rayshawn Johnson (Scruggs, Patrick) (Entered: 08/09/2016)

08/18/2016

342

NOTICE OF TRIAL as to Priscilla Ann Ellis, Perry Don Cortese, Akohomen

Ighedoise, Ikechukwu Derek Amadi, Kenietta Rayshawn Johnson, and Stacey

Merritt: Jury Trial set for 10/3/2016 at 01:30 PM in Tampa Courtroom 15A before

Judge Steven D. Merryday. (LAM) (Entered: 08/18/2016)

ORDER granting J01 motion to continue trial as to Akohomen Ighedoise,

Ikechukwu Derek Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey

Merritt, and Kenietta Rayshawn Johnson. Jury Trial continued to the October

2016 trial calendar in Tampa Courtroom 15A before Judge Steven D. Merryday.

Signed by Judge Steven D. Merryday on 1/14/2016. (LAM) (Entered: 01/14/2016)

02/09/2016

123

STATUS REPORT by USA as to Akohomen Ighedoise, Ikechukwu Derek Amadi,

Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn Johnson

(Scruggs, Patrick) (Entered: 02/09/2016)

09/12/2016

373

STATUS REPORT Joint, September 2016 by USA as to Akohomen Ighedoise,

Ikechukwu Derek Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt,

Kenietta Rayshawn Johnson (Scrugg', Patrick) (Entered: 09/12/2016)

03/10/2016

143

STATUS REPORT by USA as to Akohomen Ighedoise, Ikechukwu Derek Amadi,

Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn Johnson

(Scruggs, Patrick) (Entered: 03/10/2016)

09/14/2016

377

03/16/2016

146 NOTICE of Similar Cases by USA as to Akohomen Ighedoise, Ikechukwu Derek

Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn

Johnson (Scruggs, Patrick) (Entered: 03/16/2016)

MOTION to allow electronic equipment, specifically iPad tablet computer

comparable by USA as to Priscilla Ann Ellis, Perry Don Cortese, Akohomen^^^P

Ighedoise, Ikechukwu Derek Amadi, Kenietta Rayshawn Johnson, Stacey Me^^n

(Scruggs, Patrick) (Entered: 09/14/2016)

09/15/2016

390 ENDORSED ORDER denying 343 the motion by Perry Don Cortese (4) to

continue the trial. Signed by Judge Steven D. Merryday on 9/15/2016. (Entered:

09/15/2016)

09/16/2016

394 NOTICE of Filing Declaration of Authentication of Business Records by USA as to

Akohomen Ighedoise, Ikechukwu Derek Amadi, Priscilla Ann Ellis, Perry Don

Cortese, Stacey Merritt. Kenietta Rayshawn Johnson (Attachments: #1 Exhibit 1)

(Scruggs, Patrick) (Entered: 09/16/2016)

03/28/2016

04/08/2016

161

ENDORSED ORDER denying 153 the motion to dismiss by Priscilla Ann Ellis

(3) for, among other reasons, the several good and sufficient reasons explained in

the response (Doc. 155) of the United States. Signed by Judge Steven D.

Merryday on 3/28/2016. (Entered: 03/28/2016)

190 | STATUS REPORT April 2016 by USA as to Akohomen Ighedoise, Ikechukwu Derek

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09/16/2016

6/29/lo, 4:59 PM

396 ORDER granting 377-motion by the United States to allow Ms. Jennifer Brown

to bring an iPad into the courthouse beginning 10/3/2016 until the final day of

trial. Signed by Judge Steven D. Merryday on 9/16/2016. (BK) (Entered:

09/16/2016)

09/192016

402

09/22/20 !'j

419 bUPPLEMF.N‘1 re 394 Nor, ce of Filing Declaration of Authentication of Business

Records by USA as to Akohomen Ighedoise, Ikechukwu Derek Amadi, Priscilla Ann

Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn Johnson (Attachments:

# 1 Exhibit l)(Scruggs, Patrick) Modified link & text on 9/22/2016 (AMD). (Entered:

09/22/2016)

-#

450

Notice of substitution of AUSA. Suzanne C. Nebesky substituting for Amanda C.

Kaiser. (Nebesky, Suzanne) (Entered: 09/29/2016)

458 ENDORSED ORDER denying 429 the motion by Priscilla Ann Ellis (3) for

severance and other relief from allegedly "prejudicial joinder." Signed by Judge

Steven D. Merryday on 10/2/2016. (Entered: 10/02/2016)

10/03/2016

471

10/03/2016

10/01

472

473

474

10/03/2016

10/03/2016

♦“UNSEALED PER ORDER 1024*“F,XPARTE MOTION to Seal by USA as to

Priscilla Anr Ellis, Perry Don Cortese, Akohomen Ighedoise, Ikechukwu Derek

Amadi. Kenietta Rayshawn Johnson, Stacey Merritt. (AMD). Modified on 8/23/2021

(CTRJ. (Entered: 10/03/2016)

“♦UNSEALED PER ORDER 1024*“ ORDER granting 471 Expartc motion

for miscellaneous relief as to Akohomen Jghedoise (1), Ikechukwu Derek Amadi

(-J, Priscilla Ann Ellis (?\ l-’erry Don Cortese (4), Stacey Merritt. (5), Kenietta

Rayshawn Johnson (6). Signed by Judge Steven D. Merryday on 10/2/2016.

(AMD) Modified on 8/23/2021 (CTR). (Entered: 10/03/2016)

♦“UNSEALED PER ORDER 1024“*EXPARTE MOTION to Compel Testimony

by USA as to Priscilla Ann Ellis, Perry Don Cortese, Akohomen Ighedoise,

Ikechukwu Derek Amadi, Kenietta Rayshawn Johnson, Stacey Merritt. (AMD)

Modified on 8/23/2021 (CTR). (Entered: 10/03/2016)

:

♦♦♦UNSEALED PER ORDER 1024“* ORDER granting 473 Exparte motion

for miscellaneous relief as to Akohomen Ighedoise (1), Ikechukwu Derek Amadi

(2), Priscilla Ann Ellis (3), Perry Don Cortese (4), Stacey Merritt (5), Kenietta

Rayshawn Johnson (6). Signed by Judge Steven D. Merryday on 10/2/2016.

(AMD) Modified on 8/23/2.021 (CTR). 'Filtered: 10'O3/2016)

490 ORAL ORDER denying 4S1 motion to suppress as to Priscilla Ann Ellis. Signed

by Judge Steven D. Merryday on 10/3/2016. (LAM) (Entered: 10/03/2016)

10/03/2016

491

10/03/2016

492 ORAL ORDER denying 452 motion to for relief, specifically to "Include Witness

List" as to Priscilla Ann Ellis as a motion; accepting 452 as a witness list. Signed

by Judge Steven D. Merryday on 10/3/2016. (LAM) (Entered: 10/03/2016)

10/03/2016

493

ORAL ORDER denying without prejudice 412 motion in limine "to Suppress"

as to Priscilla Ann Ellis. Signed by Judge Steven D. Merryday on 10/3/2016.

(LAM) (Entered: 10/03/2016)

10/12/2016

50/

“♦TERMED - incorrectly filed as defendant not movant & should only be filed

under defendant Ellis.'hMOTION to adopt re 107 Order on motion to continue

trial , First MOTION to Quash Trial Subpoena by Mark M. O'Mara. Esquire by

Priscilla Ann Ellis as to Priscilla Ann Ellis, Perry Don Cortese, Akohomen

Ighedoise, Ikechukwu Derek Amadi, Kenietta Rayshawn Johnson, Stacey Merritt.

tO'Mara, Mark) Modified on 10/12/2016 (AMD). (Entered: 10/12/2016)

10/17/2016

517 Proof of Service of subpoena as to Michelle Williams on 10/5/16. (AMD) (Entered10/17/2016)

10/18/2016

529 TRIAL BRIEF by USA as to Akohomen Ighedoise, Ikechukwu Derek Amadi,

Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn Johnson

(Scruggs, Patrick) (Entered: 10/18/2016)

12/21/2016

590 ENDORSED ORDER granting 579 the motion by the United States to continue

the sentencing of Priscilla Ann Ellis (3), Perry Don Cortese (4), and Kenietta

Rayshawn Johnson (6). A separate order will re-schedule each sentencing.

Signed by Judge Steven D. Merryday on 12/21/2016. (Entered: 12/21/2016)

12/21/2016

592 ENDORSED ORDER denying 587 the motion by stand-by counsel to Priscilla

Ann Ellis (3) for "calendar protection." Signed by Judge Steven D. Merryday on

12/21/2016. (Entered: 12/21/2016)

03/17/2017

625

03/17/2017

626 ENDORSED ORDER: For the reasons, among others, stated by the United

States in the response (Doc. 567), the 562 motion by Perry Don Cortese (4) for a

new trial is DENIED. Signed by Judge Steven D. Merryday on 3/17/2017.

(Entered: 03/17/2017)

Sealed Documents S-471 to S-474. (AMD) (Entered: 10/03/2U16)

485

ENDORSED ORDER: Priscilla Ann Ellis (3) moves to dismiss for improper

venue and for lack of jurisdiction. The motion 475 is DENIED. Signed by Judge

Steien D. Merryday on 10/3/2016. (Entered: 10/03/2016)

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10/03/2016

NOTICE OF FILING DECLARATION OF AUTHENTICATION OF BUSINESS

RECORDS by USA as to Akohomen Ighedoise, Ikechukwu Derek Amadi, Priscilla

Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn Johnson

(Attachments: #1 Exhibit l)(Scruggs, Patrick) (Entered: 09/19/2016)

10/02/2016

10/03/2016

Electronic Case Filing | U.S. District Court - Middle District of Florida

ORAL ORDER denying as moot 426 motion for miscellaneous relief,

specifically to provide overhead projector to present trial exhibits" as to

Priscilla Ann Ellis. Doc.426 is construed as compliance with the exhibit list

requirement; to the extent that Doc. 426 requests the right to present trial'

exhibits, Doc. 426 is GRANTED. Signed by Judge Steven D. Merryday on

10/3/2016. (LAM) (Entered: 10/03/2016)

ENDORSED ORDER: Because a diligent reading and a thorough analysis of the

motion reveals no meritorious (or even plausible) argument for any of the

requested relief, the 557 motion by Priscilla Ann Ellis (3) for a new trial, a

directed verdict, or a judgment of acquittal is DENIED. Signed by Judge Steven

D. Merryday on 3/17/2017. (Entered: 03/17/2017)

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04/04/2017

634

6/29/23, 4:59 PM

ENDORSED ORDER: Cortese's objection (Doc. 628) to a loss hearing before

the magistrate judge is construed as a motion to cancel the hearing. The United

States responds (Doc. 629). The construed 628 motion is GRANTED, and the

hearing is CANCELED. A separate order will schedule the hearing before the

district judge. Signed by Judge Steven D. Merryday on 4/4/2017. (Entered:

04/04/2017)

05/22/2017

664

NOTICE OF SIMILAR CASE by USA as to Akohomen Ighedoise, Ikechukwu Derek

Amadi, Priscilla Ann Ellis, Perry Don Cortese, Stacey Merritt, Kenietta Rayshawn

Johnson (Scruggs, Patrick) (Entered: 05/22/2017)

09/21/2017

723

ENDORSED ORDER: Convicted on October 20,2016, Perry Don Cortese 717

moves based on a possible conflict with a civil trial to continue his sentencing,

scheduled for October 16,2017. The motion is DENIED. Signed by Judge Steven

D. Merryday on 9/21/2017. (Entered: 09/21/2017)

10/19/2017

760 NOTICE of pendency of related cases re order of compliance to Local Rule as to

Akohomen Ighedoise. Ikechukwu Derek Amadi, Priscilla Ann Ellis, Perry Don

Cortese, Stacey Merritt, Kenietta Rayshawn Johnson by USA. Related case(s): yes

(Scruggs, Patrick) (Entered: 10/19/2017)

11/18/2017

785 ENDORSED ORDER: A 776 paper purportedly signed and filed pro se by

Victoria Ellis (but remarkably similar in tone, content, and appearance to many

frivolous and repetitive papers filed by the convicted defendant Priscilla Ellis)

requests the release of certain property subject to forfeiture. The United States

responds (Doc. 780) in a thorough and comprehensive opposition. For each

reason cited by the United States in opposition, the motion (Doc. 776) is

DENIED. (Entered: 11/18/2017)

01/05/2018

12/03/2020

01/11/2021

804

989 ORDER as to Akohomen Ighedoise: Pursuant to the Due Process Protections

Act, the Court confirms the United States' obligation to produce all exculpatory

evidence to the defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963),

and its progeny and orders the United States to do so. Failing to do so in a

timely manner may result in consequences, including exclusion of evidence,

adverse jury instructions, dismissal of charges, contempt proceedings, and

sanctions. Signed by Judge Timothy J. Corrigan on 12/1/2020. (TDC) (Entered:

12/03/2020)

991

11/17/2021

11/18/2021

NOTICE of pendency of related cases re order of compliance to Local Rule as to

Akohomen Ighedoise, Ikechukwu Derek Amadi, Priscilla Ann Ellis, Perry Don

Cortese, Stacey Merritt, Kenietta Rayshawn Johnson by USA. Related case(s): yes

(Scruggs, Patrick) (Entered: 01/05/2018)

1055

Electronic Case Filing | U.S. District Court - Middle District of Florida

ci/29/23, 4:59 PM

11/18/2021

1056 ORAL MOTION to Appoint Counsel, ORAL MOTION for Discovery, ORAL

MOTION for Medical Order by Akohomen Ighedoise. (KR) (Entered: 11/18/2021)

11/18/2021

1057

ORAL MOTION for Reciprocal Discovery, ORAL MOTION for Detention by USA

as to Akohomen Ighedoise. (KR) (Entered: 11/18/2021)

11/18/2021

1058

ORAL ORDER as to Akohomen Ighedoise: Pursuant to the Due Process

Protections Act, the Court confirms the United States' obligation to produce all

exculpatory evidence to the defendant pursuant to Brady v. Maryland, 373 U.S.

83 (1963), and its progeny and orders the United States to do so. Failing to do so

in a timely manner may result in consequences, including exclusion of evidence,

adverse jury instructions, dismissal of charges, contempt proceedings, and

sanctions. Signed by Magistrate Judge Elizabeth A. Jenkins on ll/18/20^flKR )

(Entered: 11/18/2021)

___________________ ~________________

11/18/2021

1059 Minute Entry for in-person proceedings held before Magistrate Judge ElizabetlfA.

Jenkins: Oral Order granting 1056 Oral Motion to Appoint Counsel; Oral Order

granting 1056 Oral Motion for Discovery; Oral Order granting 1056 Oral Motion for

Medical Order; Oral Order granting 1057 Oral Motion for Reciprocal Discovery;

Oral Order granting 1057 Oral Motion for Detention by USA. Arraignment, Initial

Appearance, and Detention Hearing as to Akohomen Ighedoise held on 11/18/2021.

Defendant pled not guilty to all counts. (DIGITAL) (KR) (Entered: 11/18/2021)

11/18/2021

1060 Medical Order as to Akohomen Ighedoise (1). Signed by Magistrate Judge

Elizabeth A. Jenkins on 11/18/2021. (KR) (Entered:'! 1/18/2021)

11/19/2021

1062 ORDER OF DETENTION PENDING TRIAL as to Akohomen Ighedoise.

Signed by Magistrate Judge Elizabeth A. Jenkins on 11/19/2021. (KR) (Entered:

11/19/2021)

11/19/2021

1063

ORAL ORDER of Appointment of CJA Counsel as to Akohomen Ighedoise:

Appointment of Attorney Wesley Trombley. Signed by Magistrate Judge

Elizabeth A. Jenkins on 11/18/2021. (KR) (Entered: 11/19/2021)

11/19/2021

1064

PRETRIAL discovery order and notice as to Akohomen Ighedoise. Jury Trial

set for trial term commencing 1/3/2022 before Judge Steven D. Merryday. Joint

status report due on or before the tenth of each month. Signed by Magisti^te

Judge Thomas G. Wilson on 11/18/2021. (DMS) (Entered: 11/19/2021)

11/19/2021

1065 Arrest Warrant Returned Executed on 11/17/2021 as to Akohomen Ighedoise^^^R)

(Entered: 11/19/2021)

12/09/2021

1069

ORDER as to Priscilla Ann Ellis, Perry Don Cortese, Akohomen Ighedoise,

Ikechukwu Derek Amadi, Kenietta Rayshawn Johnson, Stacey Merritt;

NOTICE: COMPLIANCE WITH NEW LOCAL RULE 1.08. Signed by Judge

Steven D. Merryday on 1/11/2021. (BK) (Entered: 01/11/2021)

Unopposed MOTION to Continue trial by Akohomen Ighedoise. (Trombley, Wesley)

(Entered: 12/09/2021)

12/10/2021

1070

STATUS REPORT for December 2021 by USA as to Akohomen Ighedoise (Scruggs,

Patrick) (Entered: 12/10/2021)

Arrest of Akohomen Ighedoise on 11/17/2021. (KR) (Entered: 11/18/2021)

12/14/2021

1071

ORDER granting 1069 Motion to Continue as to Akohomen Ighedoise (1) Jury

Trial set for February Trial Term before Judge Steven D. Merryday. Signed by

***CJA23 Financial Affidavit by Akohomen Ighedoise. (KR) (Entered: 11/18/2021)

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Electronic C3se Filing | U.S. l.z net Court - Middle District of Florida

06/10/2022

1110

STATUS REPORT for June 2022 by USA as to Akohomen Ighedoise (Scruggs,

Patrick) (Entered: 06/10/2022)

07/01/2022

1113

Case as to Priscilla Ann Ellis, Perry Don Cortese, Akohomen Ighedoise, Ikechukwu

Derek Amadi, Kenietta Rayshawn Johnson, Stacey Merritt Reassigned to Magistrate

Judge Mac R. McCoy. New case number: 8:15-cr-320-SDM-MRM. Magistrate Judge

Thomas G. Wilson no longer assigned to the case. (JNB) (Entered: 07/01/2022)

01/10/2022

1078

STATUS REPORT for January 2022 by USA as to Akohomen Ighedoise (Scruggs,

Patrick) (Entered: 01/10/2022)

01/12/2(^2

1080

Second MC> 1TON to Continue trial b. Akohomen Ighedoise. (Trombley, Wcsiey)

(Entered: 01/12/2022)

01/13/2022

1081

ORDER granting 1080 Motion to Continue as to Akohomen Ighedoise (1) Jury

IVial set for April 2022 Trial Term before Judge Steven D. Merryday. Signed by

Judge Steven D. Merryday nu 1/13/2072, iDAY) (Entered: 01/13/2022)

07/08/2022

1114 STATUS REPORT for July 2022 by USA as to Akohomen Ighedoise (Scruggs

Patrick) (Entered: 07/08/2022)

IOSli STATUS REPORT for February 2022 by USA as to Akohomen Ighedoise (Scruggs

07/14/2022

JLLL5 Unopposed MOTION to Continue trial by Akohomen Ighedoise. (Trombley Wesley)

02/10 'lull

(Entered: 07/14/2022)

Patrick) (Entered: 02/10/2022)

03/1

12S2 Unopposed MOTION to Continue trial by Akohomen Ighedoise. (Trombley Wesley)

07/18/2022

1117 ORDER granting U15 Motion to Continue as to Akohomen Ighedoise (1) Jury

Trial set September 2022 trial calendar.. Signed by Judge Steven D. Merryday

on 7/18/2022. (DAY) (Entered: 07/18/2022)

08/10/2022

1119 STATUS REPORT for August 2022 by USA as to Akohomen Ighedoise (Scruggs,

Patrick) (Entered: 08/10/2022)

08/24/2022

1120 TRIAL CALENDAR for trial term September 2022 Signed by Judge Steven D.

Merryday on 8/24/2022. (DAY) (Entered: 08/24/2022)

08/30/2022

1121

I'LEA AGREEMENT re: cuunl(s) One of due Superseding Indictment as lo

Akohomen Ighedoise (Scruggs. Patrick) (Entered: 08/30/2022)

08/30/2022

1122

NOTICE OF HEARING as to Akohomen Ighedoise: Change of Plea Hearing set for

9/13/2022 at 01:30 PM in Tampa Courtroom 11 B before Magistrate Judge Mac R

McCoy. (FN) (Entered: 08/30/2022)

(Entered: 03/10/2022)

03/10/2022

1Q2Q STATUS RF.PORTfor March 2022 by USA as to Akohomen Ighedoise (Scruggs

Patrick) (Entered: 03/10/2022)

03/10/2022

1091

STATUS REPORT/or March 2022 by USA as to Akohomen Ighedoise (Scruggs,

Patrick) (Entered: 03/10/2022)

03/14/2022

1095

ORDER granting 1089 Motion to Continue as to Akohomen Ighedoise (1) Jury

Trial set for June 2022 Trial term before Judge Steven D. Merryday. Signed by

Judge Sloven D. Merryday on 3/14/2022. (DAY) (Entered: 03/14/2022)

04/07/2022

im

NOTICE OF ATTORNEY APPEARANCE Jillian M. Jewell appearing for USA.

(Jewell, Ji11 ian) (Entered: 04/07/2022)

04/07/2022

1100

MOTION for Miscellaneous Relief, specifically to Substitute the Victim by USA as

to Priscilla ,\nn Ellis, Perry Don Cortese, Akohomen Ighedoise, Ikechukwu Derek

Amadi, Kenietta Rayshawn Johnson, Stacey Merritt. (Jewell, Jillian) (Entered04/07/2022)

08/31/2022

1123

Unopposed MOTION to Continue trial by Akohomen Ighedoise. (Trombley, Wesley)

(Entered: 08/31/2022)

09/06/2022

1125

ORDER granting 1100-motion to substitute victim; substituting B.S., N.L., and

K.N for Lorene Mae Sparks. Signed by Judge Steven D. Merryday on 4/7/2022.

(DAS) (Entered: 04/07/2022)

ORDER granting 1123 Motion to Continue as to Akohomen Ighedoise. Jury

Trial set for October 2022 trial term. Signed by Judge Steven D. Merryday on

9/6/2022. (DAY) (Entered: 09/06/2022)

09/13/2022

1126

Minute Entry for In Person proceedings held before Magistrate Judge Mac R.

McCoy: Change of Plea Hearing as to Akohomen Ighedoise held on 9/13/2022

(Digital) (FN) (Entered: 09/13/2022)

04/07/2022

1101

04/11

1102 STATUS REPORT/or April 2022 by USA as to Akohomen Ighedoise (Scruggs,

Patrick) (Entered: 04/11/2022)

05/10/^M

1107

STATUS REPORT/or May 2022 by USA as to Akohomen Ighedoise (Scruggs,

Patrick) (Entered: 05/10/2022)

09/13/2022

1127

CONSENT regarding entry of a plea of guilty as to Akohomen Ighedoise. (FN)

(Entered: 09/13/2022)

05/18/2022

1108

Unopposed MOTION to Continue trial oy Akohomen Ighedoise. ( Trombley. Wesley)

(Entered: 05/18/2022)

09/13/2022

1128

CONSENT to institute presentence investigation report as to Akohomen Ighedoise

(FN) (Entered: 09/13/2022)

05/20/2022

J1Q2 ORDER granting 1108 Motion to Continue as to Akohomen Ighedoise (1) Jury

09/13/2022

1129

REPORT AND RECOMMENDATION Concerning Plea of Guilty re: count

One of the Superseding Indictment as to Akohomen Ighedoise. Signed by

Magistrate Judge Mac R. McCoy on 9/13/2022. (FN) (Entered: 09/13/2022)

10/04/2022

1132

ACCEPTANCE OF PLEA of guilty and adjudication of guilt re: Count One of the

Trial set August 2022 trial term before Judge Steven D. Merryday. Signed by

Judge Steven D. Merryday nu 5/20/2022. (DAY) (Entered: 05/20/2022)

I

6/29/23, d:59 PM

Judge Steven D. Merryday on 12/10/2021. (DAY) (Entered: 12/14/2021)

l

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k.

Electronic Case Filing | U.S. District Court - Middle District of Florida

6/29/23, 4:59 PM

Superseding Indictment as to Akohomen Ighedoise. Signed by Judge Steven D.

Merryday on 10/4/2022 .(DAY) (Entered: 10/04/2022)

Electronic Case Filing | U.S. Di'Vict Court - Middle District of Florida

C/23/23, 4:59 PM

Magistrate Judge Mac R. McCoy on 1/18/2023. (FN) (Entered: 01/18/2023)

01/18/2023

1149

Minute Entry for In Person proceedings held before Judge Steven D. Merryday:

SENTENCING held on 1/18/2023 for Akohomen Ighedoise, Count 1, Imprisonment:

210 months; Supervised Release: 3 years; Fine: Waived; Special Assessment: $100;

Restitution^,389,340.97; Count 2, Dismissed on motion by the United States. Court

Reporter: Rebekah Lockwood (DAY) (Entered: 01/20/2023)

01/20/2023

1150

JUDGMENT as to Akohomen Ighedoise, Count 1, Imprisonment: 210 months;

Supervised Release: 3 years; Fine: Waived; Special Assessment: $100;

Restitution:$4,389,340.97; Count 2, Dismissed on motion by the United States

Signed by Judge Steven D. Merryday on 1/20/2023. (DAY) (Entered: 01/20/2023)

11/01/2022

1134

RULE 32(e)(2) INITIAL PRESENTENCE INVESTIGATION REPORT as to

Akohomen Ighedoise. E-copies made available to selected parties.(KT) (Entered:

11/01/2022)

11/07/2022

1135

MOTION for Forfeiture of an Order of Forfeiture by USA as to Akohomen

Ighedoise. (Nebesky, Suzanne) (Entered: 11/07/2022)

11/29/2022

1136

RULE 32(g) FINAL PRESENTENCE INVESTIGATION REPORT as to Akohomen

Ighedoise. E-copies made available to selected parties.(SR) (Entered: 11/29/2022)

11/29/2022

1138

Unopposed MOTION to Continue Sentencing by Akohomen Ighedoise. (Trombley,

Wesley) (Entered: 11/29/2022)

01/20/2023

1151

STATEMENT OF REASONS as to Akohomen Ighedoise. E-copies made avad^le

to selected parties. (DAY) (Entered: 01/20/2023)

12/02/2022

1139

ENDORSED ORDER granting 1138 Motion to Continue as to Akohomen

Ighedoise. A separate notice will reschedule the sentencing date. Signed by

Judge Steven D. Merryday on 12/2/2022. (DAY) (Entered: 12/02/2022)

01/25/2023

1153

NOTICE OF APPEAL by Akohomen Ighedoise re J_L50 Judgment,. Filing fe

paid (Bums. Thomas) (Entered: 01/25/2023)

1154

1140

NOTICE OF RESCHEDULING HEARING: The sentencing hearing previously

scheduled for 12/06/2022 is rescheduled as to Akohomen Ighedoise. New hearing

date and time:sentencing set for 1/18/2023 at 09:00 AM in Tampa Courtroom 15 A

before Judge Steven D. Merryday. (DAY) (Entered: 12/02/2022)

01/26/2023

12/02/2022

12/02/2022

1141

ORDER granting 1135-motion for order of forfeiture as to Akohomen

Ighedoise. Signed by Judge Steven D. Merryday on 12/2/2022. (KRM) Modified

on 12/2/2022 (KRM). (Entered: 12/02/2022)

TRANSMITTAL of initial appeal package as to Akohomen Ighedoise to USCA

consisting of copies of notice of appeal, docket sheet, order/judgment being

appealed, and motion, if applicable to USCA re 1153 Notice of Appeal. Eleventh

Circuit Transcript information form forwarded to pro se litigants and available to

counsel at www.flmd.uscourts.gov under Forms and Publications/General. (CTR)

(Entered: 01/26/2023)

USCA Case Number as to Akohomen Ighedoise. USCA Number: 23-10270-D for

1153 Notice of Appeal filed by Akohomen Ighedoise. (JNB) (Entered: 01/30/2023)

01/30/2023

12/02/2022

1142

ENDORSED ORDER: This is NOTICE, although not required by law, to the

United States and to Ighedoise that at the sentencing the judge will consider

imposing a sentence that varies upward from the applicable guidelines range.

Signed by Judge Steven D. Merryday on 12/2/2022. (Entered: 12/02/2022)

01/30/2023

1155

TRANSCRIPT information form filed by Akohomen Ighedoise for proceedings held

on 11/18/21 before Judge Jenkins re 1153 Notice of Appeal. USCA number: 2310270. Electronic notification sent to Court Reporter Sharon Miller (Burns, Thomas)

(Entered: 01/30/2023)

01/05/2023

1143

PRESENTENCE REPORT SUPPLEMENTAL MEMORANDUM/ATTACHMENTS

as to Akohomen Ighedoise. E-copies made available to selected parties.(KT)

(Entered: 01/05/2023)

01/30/2023

1156

01/10/2023

I 144

SENTENCING MEMORANDUM by Akohomen Ighedoise (Attachments: # i

Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Trombley,

Wesley) (Entered: 01/10/2023)

TRANSCRIPT information form filed by Akohomen Ighedoise for proceedings held

on 9/13/22 before Judge McCoy re 1153 Notice of Appeal. USCA number: 2310270. Electronic notification sent to Court Reporter Sharon Miller (Burns, Thomas)

(Entered: 01/30/2023)

01/30/2023

1157

TRANSCRIPT information form filed by Akohomen Ighedoise for proceedi

on 1/18/23 before Judge Merryday re 1153 Notice of Appeal. USCA numbe

10270. Electronic notification sent to Court Reporter Rebekah Lockwood (Burns)

Thomas) (Entered: 01/30/2023)

02/13/2023

JJ60 COURT REPORTER ACKNOWLEDGMENT by SHARON A. MILLER re JJ53

01/18/2023

1145

MOTION to Appoint Counsel For Appeal by Akohomen Ighedoise. (Trombley,

Wesley) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 01/18/2023)

01/18/2023

1146

ENDORSED ORDER granting 1145 Motion to Appoint Counsel For Appeal as

to Akohomen Ighedoise (1). Attorney Wesley E. Trombley is withdraw n as

counsel of record and has no further responsibility in the case. Signed by

Magistrate Judge Mac R. McCoy on 1/18/2023. (FN) (Entered: 01/18/2023)

01/18/2023

1147

ORDER of Appointment of CJA Counsel as to Akohomen Ighedoise:

Appointment of Attorney Thomas A. Burns for Akohomen Ighedoise. Signed by

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Notice of Appeal as to Akohomen Ighedoise. Estimated transcript filing date: 30 days

from CJA-24 authorization. USCA number: 23-10270. (SAM) (Entered: 02/13/2023)

02/13/2023

1161

COURT REPORTER ACKNOWLEDGMENT by SHARON A. MILLER re 1153

Notice of Appeal as to Akohomen Ighedoise. Estimated transcript filing date: 30 days

from receipt of CJA authorization. USCA number: 23-10270. (SAM) (Entered:

https://ec Ulmd.uscourts.gov/cgi-bin/DktRpt.pl7811S33574770776-L_1_0-1

Page 15 of 17

Electronic Case Filing | U.S. District Court - Middle District of Florida

6/2S/23, 4:59 PM

Electronic Case Filing | U.S. district Court - Middle District of Florida

6/29/23, 4:59 PM

02/13/2023)

02/21/2023

1162

COURT REPORTER ACKNOWLEDGMENT by Rebekah Lockwood re 1153

Notice of Appeal as to Akohomen Ighedoise. Estimated transcript filing date:

03/13/2023. USCA number: 23-10270. (RML) (Entered: 02/21/2023)

03/07/2023

1163

TRANSCRIPT of INITIAL APPRANCE/BOND/DETENTJON HEARING for dates

of NOVEMBER 18,2021 held before Judge ELIZABETH A. JENKINS, re: 1153

Notice of Appeal as to Akohomen Ighedoise. Court Reporter/Transcriber: SHARON

A. MILLER. Email address: Sharon_miller@fimd.uscourts.gov. Telephone number

813301504).

NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with

the court a Notice of Intent to Request Redaction of this transcript. If no such notice

is filed, the transcript may be made remotely available to the public without redaction

after ninety (90) calendar days. Transcript may be viewed at the court public terminal

or purchased through the Court Reporter/Transcriber before the deadline for Release

ofTranscript Restriction. After that date it may be obtained through PACER or

purchased through the Court Reporter. Redaction Request due 3/28/2023. Redacted

Transcript Deadline set for 4/7/2023. Release ofTranscript Restriction set for

6/5/2023. (SAM) (Entered: 03/07/2023)

03/07/2023

03/07/2023

1164

NOTIFICATION that transcript has been filed by SHARON A. MILLER re: 1153

Notice of Appeal as to Akohomen Ighedoise. USCA number: 23-10270. (SAM)

(Entered: 03/07/2023)

Jim TRANSCRIPT of CHANGE OF PLEA HEARING for dates of SEPTEMBER 13,

2022 held before Judge MAC R. McCOY, re: JJ53 Notice of Appeal as to

Akohomen Ighedoise. Court Reporter/Transcriber: SHARON A. MILLER. Email

address: Sharon_miller@flmd.uscourts.gov. Telephone number: 8133015041.

NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with

the court a Notice of Intent to Request Redaction of this transcript. If no such notice

is filed, the transcript may be made remotely available to the public without redaction

after ninety (90) calendar days. Transcript may be viewed at the court public terminal

or purchased through the Court Reporter/Transcriber before the deadline for Release

of Transcript Restriction. After that date it may be obtained through PACER or

purchased through the Court Reporter. Redaction Request due 4/3/2023. Redacted

Transcript Deadline set for 4/13/2023. Release ofTranscript Restriction set for

6/J 2/2023. (RML) (Entered: 03/13/2023)

03/13/2023

i 168

NOTIFICATION that transcript has been filed by Rebekah Lockwood re: 1133

Notice of Appeal as to Akohomen Ighedoise. USCA number: 23-10270. (RML)

(Entered: 03/13/2023)

PACER Service Center

Transaction Receipt

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PA CUR

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iburnsOO 12535 Client Code:

003-053

Description:

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Docket Report

Criteria:

8: !5-cr-00320-SDMMRM

Billable

Pages:

13

Cost:

1.30

Exempt Rag:

Exempt

Exempt

reason:

Exempt CJA

NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with

the court a Notice of Intent to Request Redaction of this transcript. If no such notice

is filed, the transcript may be made remotely available to the public without redaction

after ninety (90) calendar days. Transcript may be viewed at the court public terminal

or purchased through the Court Reporter/Transcriber before the deadline for Release

ofTranscript Restriction. After that date it may be obtained through PACER or

purchased through the Court Reporter. Redaction Request due 3/28/2023. Redacted

Transcript Deadline set for 4/7/2023. Release ofTranscript Restriction set for

6/5/2023. (SAM) (Entered: 03/07/2023)

03/07/2023

1166 NOTIFICATION that transcript has been filed by SHARON A. MILLER re: JJ53

Notice of Appeal as to Akohomen Ighedoise. USCA number: 23-10270 (SAM;

(Entered: 03/07/2023)

03/13/2023

1167

TRANSCRIPT of Sentencing Proceedings for dates of 01/18/2023 held before Judge

Steven D. Merryday, re: 1153 Notice of Appeal as to Akohomen Ighedoise. Court

Reporter/Transcriber: Rebekah Lockwood. Email address:

i.lockwooduscr@gmail.com. Telephone ..umber: (813) 301-5380.

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A

Case 8:15-cr-00320-SDM-MRM Document 25 Filed 09/24/15 Page 1 of 13 PagelD 47

1

Case 8:15-cr-00320-SDM-MRM

5.

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

Document 25 Pled 09/24/3 5 Page 2 of 13 PagelD 48

Stacey MERRITT was a federal employee working for the U S.

Department of Veterans' Affairs in Alaska.

6.

UNITED STATES OF AMERICA

v.

CASE NO.

AKOHOMEN IGHEDOISE,

IKECHUKWU DEREK AMADI,

PRISCILLA ANN ELLIS,

PERRY DON CORTESE,

STACEY MERRITT, and

KENIETTA RAYSHAWN JOHNSON

18 U.S.C. § 1349

18 U.S.C. § 1956

18 U.S.C. §§ 981(a)(1)(C) and

982(a)(1)-Forfeiture

28 U.S.C. § 246.1(G)j£^|e^re

Kenietta Rayshawn JOHNSON was employed as a Relationship

Banker by Capital One Bank and a resident of Alexandria, Virginia.

8:15-cr-320-T-23TGW

JOHNSON

was also the daughter of ELLIS.

7.

Muhammad Naji was a resident of Tampa, Florida, and is a

convicted money launderer.

The Conspiracy

SUPERSEDING TOaiSTOl

8.

Beginning on an unknown date, but no later than in or about

The Grand Jury charges:

January 2012, and continuing through and including the date of this Superseding

COUNT ONE

(Wire and Mail Fraud Conspiracy)

Indictment, in the Middle District of Florida and elsewhere,

Introduction

AKOHOMEN IGHEDOISE,

IKECHUKWU DEREK AMADI,

PRISCILLA ANN ELLIS,

PERRY DON CORTESE,

STACEY MERRITT, and

KENIETTA RAYSHAWN JOHNSON

At times relevant to this Superseding Indictment:

1.

Akohomen IGHEDOISE was a citizen of Canada and a Nigerian

national.

2.

•. :

.

~1

r* 3

.zr

Ikechukwu Derek AMADI was a citizen of Canada and a Nigerian

2~

3.

Priscilla Ann ELLIS was a resident of Hark'ePH,eights, Texas, and the

>4

r

no

-j

Chief Executive Officer of Vicken Interna'tio'narTraders.

4.

Perry Don CORTESE was a resident of Little River, Texas, and an

admitted member and practicing lawyer of the Texas Bar Association.

£na

national.

. ■

“1

the defendants, did knowingly and willfully combine, conspire, confederate, and

agree with each other, Muhammad Naji, and other persons, both known and

unknown to the Grand Jury, to commit offenses against the United States in

violation of Title 18, United States Code, Section 1349, to wit:

(a)

to commit wire fraud, that is, to knowingly, willfully, and with

intent to defraud, devise, and Intend to devise a scheme and artifice to defraud.

and for obtaining money and property by means of false and fraudulent pretenses,

2

!

Case 8:15-cr-00320-SDM-MRM Document 25 Filed 09/24/15 Page 3 of 13 PagelD 49

Case. 8:15-cr-00320-SDM-MRM

Document 25

Filed 09/24/15 Page 4 of 13 PagelD 50

representations, and promises that related to material facts, and, for the purpose

cause to be opened, bank accounts in the names of said shell companies at

of executing such scheme and artifice, to transmit and cause to be transmitted by

various federally-insured financial institutions in the Middle District of Florida and

means of wire, radio, and television communication in interstate and foreign

elsewhere;

commerce, any writings, signs, signals, pictures, and sounds, in violation of Title

18, United States Code, Section 1343; and

(b)

to commit mail fraud, that is, to execute and attempt to

c,

It was further part of the conspiracy that conspirators would

and did contact victim lawyers and law firms, via email and telephone, for the

purported purpose of seeking legal representation in transactional dealings and

execute a scheme and artifice to defraud, and to obtain money and property by

legal disputes. In truth and in fact, the purpose of the contacts with the victim

means of false and fraudulent pretenses, representations, and promises, by

lawyers and law firms was merely to gain access to their legal trust accounts;

utilizing the United States mail and private and commercial interstate carriers, for

d.

It was further part of the conspiracy that conspirators would

the purpose of executing such scheme and artifice, in violation of Title 18, United

and did acquire cashier's checks from various financial institutions in low dollar

States Code, Section 1341.

amounts;

Manner and Means of the Conspiracy

9.

The manner and means by which the conspirators sought to

accomplish the objects of the conspiracy included, among others, the following:

a.

It was a part of the conspiracy that the conspirators would and

did utilize interstate wire communications to defraud lawyers and law firms across

e.

It was further part of the conspiracy that conspirators would

and did use said cashier's checks to forge new ones made payable to the viclim

lawyers and law firms they had contacted for tens, if not hundreds, of thousands of

dollars;

f.

It was further part of the conspiracy that conspirators would

the United States, including in the Middle District of Florida, and obtain funds from

and did advise the victim lawyers and law firms, via email and telephone, that the

them by means of materially false and fraudulent pretenses and representations;

purported purpose of the legal representation had been settled;

b.

It was further part of the conspiracy that conspirators would

and did incorporate shell companies with fictitious names and then open, and

g.

It was further part of the conspiracy that conspirators would

and did send, and caused to be sent, via UPS, Federal Express, and / or the U.S.

Postal Service, the aforementioned forged cashier's checks to the victim lawyers

3

4

A

Case 8:15-cr-00320-SDM-MRM

Document 25 Filed 09/24/15 Page 5 of 13 PagelD 51

Case 8:15-cr-00320-SDM-MRM

AKOHOMEN IGHEDOISE,

IKECHUKWU DEREK AMADI,

PRISCILLA ANN ELLIS,

PERRY DON CORTESE,

STACEY MERRITT, and

KENIETTA RAYSHAWN JOHNSON,

and law firms as the supposed proceeds of the legal settlements and transactional

conclusions;

h.

Document 25 Filed 09/24/15 Page 6 of 13 PagelD 52

It was further part of the conspiracy that conspirators would

and did instruct the victim lawyers and law firms to deposit the fraudulent cashier’s

the defendants, did knowingly and willfully combine, conspire, confederate, and

checks into their legal trust accounts, and then promptly wire all or part of said

agree with each other, Muhammad Naji, and other persons, both known and

funds across state lines into the accounts of the aforementioned shell companies

unknown to the Grand Jury, to commit offenses against the United States in

and other entities created and controlled by conspirators;

violation of Title 18, United States Code, Section 1956, to wit:

i.

It was further part of the conspiracy that conspirators would

(a)

to transport, transmit, and transfer, and attempt to transport,

and did wire, and caused to be wired, the proceeds that they had fraudulently

transmit, and transfer, a monetary instrument and funds involving the proceeds of

obtained from the victim lawyers and law firms to multiple financial institutions,

specified unlawful activity, that is, wire fraud, in violation of Title 18, United States

including financial institutions overseas; and

Code, Section 1343, and/or mail fraud, in violation of Title 18, United States Code,

j.

It was further part of the conspiracy that conspirators would

Section 1341, from a place in the United States to and through a place outside the

and did perform acts and make statements to misrepresent, hide, and conceal,

United States, with the intent to promote the carrying on of specified unlawful

and cause to be misrepresented, hidden, and concealed, the purpose of the

activity, in violation of Title 18, United States Code, Section 1956(a)(2)(A); and

conspiracy and the acts committed in furtherance thereof.

(b)

to transport, transmit, and transfer, and attempt to transport,

All in violation of Title 18, United States Code, Section 1349.

transmit, and transfer, a monetary instrument and funds involving the proceeds of

10.

COUNT TWO

(International Money Laundering Conspiracy)

specified unlawful activity, that is. wire fraud, in violation of Title 18, United States

The Conspiracy

Code, Section 1343, and/or mail fraud, in violation of Title 18, United States Code,

Beginning on an unknown date, but no later than in or about

Section 1341, from a place in the United States to or through a place outside the

January 2012, and continuing through and including the date of this Superseding

United States, knowing that the funds involved in the transportation, transmission,

Indictment, in the Middle District of Florida and elsewhere,

and transfer represented the proceeds of some form of unlawful activity and

5

6

Case 8:15-cr-00320-SDM-MRM Document 25 Filed 09/24/15 Page 7 of 13 PagelD 53

Case 8:15-cr-00320-SDM-MRM . Document 25 Filed 09/24/15 Page 8 of 13 PagelD 54

knowing that such transportation, transmission, and transfer was designed in

individuals and businesses, fraudulently assumed the identities of those account

whole or in part to conceal and disguise the nature, location, source, ownership,

holders, and authorized, and caused to be authorized, wire transfers of said

and control of the proceeds of specified unlawful activity, in violation of Title 18,

account holders' funds to conspirators;

United States Code, Section 1956(a)(2)(B)(i).

Manner and Wlean3

11.

Paragraphs 1 through 7 and 9 in Count One of this Superseding

e.

It was further part of the conspiracy that conspirators would

and did fraudulently obtain, and attempt to obtain, proceeds from romance

schemes wherein conspirators targeted users of internet dating and social

Indictment are hereby realleged and incorporated by this reference as though fully

networking sites, feigned romantic relationships with those users, and created

set forth herein.

fictitious scenarios in which said users needed to wire funds to conspirators in

12.

The additional manner and means by which the conspirators sought

to accomplish Ihe objects of this conspiracy included, among others, the following:

a.

order to further advance and culminate these relationships;

f.

It was further part of the conspiracy that conspirators would

It was a part of the conspiracy that conspirators would and did

and did fraudulently obtain, and attempt to obtain, proceeds by "spoofing" email

participate in a wide variety of fraud schemes, including, but not limited to, those

accounts of legitimate businesses - that is, by creating and using email accounts

referenced herein, as part of a transnational criminal organization, operating in the

that appeared to originate from authorized users within those businesses but were

United States, Canada, Africa, Asia, and Europe, among other locations;

wholly fraudulent - and, thereby, inserted themselves into business transactions

b.

It was further part of the conspiracy that conspirators would

and did launder the fraudulently-obtained proceeds of these schemes;

c.

It was further part of the conspiracy that conspirators would

with and on behalf of those businesses to authorize, and caused to be authorized,

wire transfers of the businesses' funds to conspirators;

9-

It was further part of the conspiracy that conspirators would

and did obtain, and attempt to obtain, proceeds from the law firm scheme

and did open, and cause to be opened, bank accounts at different financial

described in Count One;

institutions for the purpose of receiving, transmitting, or otherwise obtaining the

d.

It was further part of the conspiracy that conspirators would

proceeds of the aforementioned, and other, fraud schemes;

and did fraudulently obtain, and attempt to obtain, proceeds from email intrusion

schemes wherein conspirators unlawfully hacked into the email accounts of

7

8

Case 8:15-cr-00320-SDM-MRM

h.

Document 25 Filed 09/24/15

Page 9 of 13 PagelD 55

It was further part of the conspiracy that conspirators would

and did cause, and attempt to cause, victims of the aforementioned, and other,

fraud schemes, to wire fraudulently-obtained proceeds into said bank accounts;

i.

It was further part of the conspiracy that conspirators would

Case 8:15-cr-00320-SDM-MRM Document 25 Filed 09/24/15 Page 10 of 13 PagelD 56

forfeitures pursuant to Title 18, United States Code, Sections 982(a)(1) and

981(a)(1)(C), and Title 28, United States Code, Section 2461(c)

2.

Section 1341 or Section 1343, the defendants,

AKOHOMEN IGHEDOISE,

IKECHUKWU DEREK AMADI,

PRISCILLA ANN ELLIS,

PERRY DON CORTESE,

STACEY MERRITT, and

KENIETTA RAYSHAWN JOHNSON,

and did share in the proceeds of the fraud schemes, usually receiving percentages

commensurate with their respective roles;

j.

Upon conviction of a violation of Title 18, United States Code,

It was further part of the conspiracy that conspirators would

and did send fraudulently-obtained proceeds to and from multiple financial

shall forfeit to the United States of America, pursuant to pursuant to Title 18, United

institutions, including financial institutions overseas, in order to conceal and

States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section

disguise the source of, and to hinder any efforts to locate, said proceeds;

2461(c), any property constituting, or derived from, proceeds obtained, directly or

k.

It was further part of the conspiracy that conspirators would

indirectly, as a result of such violation.

and did send fraudulently-obtained proceeds to and from multiple financial

3.

Upon conviction of a violation of Title 18, United States Code,

institutions, including financial institutions overseas, in order to promote the

Section 1956, the defendants,

carrying on of the aforementioned fraud schemes; and

I.

AKOHOMEN IGHEDOISE,

IKECHUKWU DEREK AMADI,

PRISCILLA ANN ELLIS,

PERRY DON CORTESE,

STACEY MERRITT, and

KENIETTA RAYSHAWN JOHNSON,

It was further part of the conspiracy that conspirators would

and did perform acts and make statements to misrepresent, hide, and conceal,

and cause to be misrepresented, hidden, and concealed, the purpose of the

conspiracy and the acts committed in furtherance thereof.

shall forfeit to the United States of America, pursuant to Title 18, United States

All in violation of Title 18, United States Code, Section 1956(h).

Code, Section 982(a)(1), any property, real or personal, involved in such offense

FORFEITURE

1.

and any property traceable to such property.

The allegations contained in Counts One and Two of this

Superseding Indictment are incorporated by reference for the purpose of alleging

9

4.

The property to be forfeited includes, but is not limited to, the

following:

10

3

r

Case 8:15-cr-00320-SDM-MRM

Document 25 Filed 09/24/15 Page 11 of 13 PagelD 57

a. a forfeiture money judgment in the amount of at least $8.8 million;

b. the real property located at 110 W. Veterans Memorial Blvd.,

Harker Heights, Texas 76548; and

c. the real property located at 14 and 16 S. Main Street, Temple,

Texas 76501 (Bell County, Texas).

5.

If any of the property described above, as a result of any act or

Case 8:15-cr-00320-SDM-MRM Document 25

S.

Filed 09/24/15 Page 12 of 13 PagelD 58

The property to be forfeited as substitute assets includes, but is not

limited to, the following:

a. the real property located at 1305 Springforest Circle, Killeen

Texas 76548; and

b. the real property located at 1703 S. Roy Reynolds Drive, Killeen,

Texas 76543.

omission of the defendants:

a. cannot be located upon the exercise of due diligence;

A TRUE BILL,

b. has been transferred or sold to, or deposited with, a third party;

-W.fJJM \k)\JpD^

c. has been placed beyond the jurisdiction of the court;*

d. has been substantially diminished in value; or

Foreperson

a. l^€entl2ys, III

United StateS^Xttorney,

e. has been commingled with other property which cannot be

divided without difficulty;

the United States of America shall be entitled to forfeiture of substitute property

under the provisions of Title 21, United States Code, Section 853(p), as

incorporated by Title 18, United States Code, Section 982(b)(1) and Title 28,

-Robert A. M'osakowski

Assislant United States Attorney

Chief, Economic Crimes Section

United States Codf, Section 2461(c).

11

12

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Indictment- all.docx

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Case 8:15-cr-00320-SDM-MRM

Document 25

Filed 09/24/15

Case 8:15-cr-00320-SDM-MRM

Page 13 of 13 PagelD 59

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Document 1121

Filed 08/30/22

Chief Approval

AF Approval

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Page 1 of 18 PagelD 15274

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

UNITED STATES OF AMERICA

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CASE NO. 8:15-cr-320-SDM-MRM

AKOHOMEN IGHEDOISE

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PLEA AGREEMENT

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Pursuant ro Fed. R. Crim. P. 11(c), the United Stares of America, by Roger B.

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defendant, Akohomen Jghedoise, and the attorney for rhe defendant, Wesley E.

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Particularized Terms

1.

Count Pleading To

The defendant shall enter a plea of guilty to Count One of the

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Superseding Indictment. Count One charges the defendant with conspiracy to

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commit mail and wire fraud, in violation of 18 U.S.C. § 1349.

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2.

Minimum and Maximum Penalties

Count One is punishable by a maximum term of imprisonment of twenty

(20) years, a fine of up to $250,000, a term of supervised release of up to three (3)

years, and a special assessment ofSIOC. With respect to certain offenses, the Court

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Defendant's Initials

Case 8:15-cr-00320-SDM-MRM Document 1121 Piled 08/30/22 Page 2 of 18 PagelD 15275

Case 8:15-cr-00320-SDM-MRM

6.

shall order the defendant to make restitution to any victim of the offense, and with

restitution to all victims of the offense who suffered pecuniary harm.

victim of the offense, or to the community, as set forth below.

7.

Elements of the Offense

recommend to the Court that the defendant’s adjusted offense level be calculated at

the offense with which defendant has been charged and to which defendant is

pleading guilty. The elements of the offense alleged in Count One are:

Second:

4.

i

• That two or more persons, in some way or manner,

agreed to try to accomplish a common and

unlawful plan to commit mail or wire fraud, as

charged in the Superseding Indictment; and

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level 33, as determined below:

Guideline

Counts Dismissed

§2Bl.l(bXl)(K)

Specific Offense Characteristic

(loss more than $9,500,000, but

not more than $25,000,000)

+20

§2B1.1(b)(2)(B)

Specific Offense Characteristic

(substantial hardship to five or

more victim)

+4

§2Bl.l(bX10)(B)

and(Q

Specific Offense Characteristic

(committed from outside the

United States and involved

sophisticated means)

+2

§3B 1.1(b)

| Role in Offense

+3

§3E1.1

Acceptance of Responsibility

No Further Charges

If the Court accepts this plea agreement, the United States Attorney's

Office for the Middle District of Florida agrees not to charge the defendant with

Total Adjusted Offense Level

committing any other federal criminal offenses known to the United States

Attorney's Office at the time of the execution of this agreement, related to the

conduct giving rise to this plea agreement.

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The defendant understands that this recommendation or request is not binding

on the Court, and if not accepted by the Court, the defendant will not be allowed to

withdraw from the plea.

Defendant's Initials

Levels

Base Offense

i

Count Two, will be dismissed pursuant to Fed. R. Crim. P. 1 l(c)(lXA).

Description

§2Bl.l(aXl)

The defendant knew the unlawful purpose of the

plan and willfully joined in it.

At the time of sentencing, the remaining count against the defendant,

5.

Adjusted Offense Level

Pursuant to Fed. R. Crim. P. 11(c)(1)(B), the United States will

The defendant acknowledges understanding the nature and elements of

First:

Mandatory Restitution to Victims of Offense of Conviction

Pursuant to 18 U.S.C. § 3663A(a) and (b), defendant agrees to make full

respect to other offenses, the Court may order the defendant to make restitution to any

3.

Document 1121 Filed 08/30/22 Page 3 of 18 PagelD 15276

2

Defendant's Initials

/VI.

3

Case 8:15-cr-00320-SDM-MRM

8.

Document 1121 Filed 08/30/22 Page 4 of 18 PagelD 15277

Case 8:15-cr-00320-SDM-MRM

Document 1121 Filed 08/30/22 Page 5 of 18 PagelD 15278

Credit for Time Served in Canadian Custody Pending Extradition

downward adjustment of a third level for acceptance of responsibility rests solely

Pursuant to 18 U.S.C. § 3585(b), at the time of sentencing, the United

with the United Slates Attorney for the Middle District of Florida, and the defendant

States will not oppose the defendant’s request that he be given credit toward the

agrees that the defendant cannot and will not challenge that determination, whether

service of a term of imprisonment for any time that he has spent in official detention

by appeal, collateral attack, or otherwise.

pending extradition to the United States from Canada in connection with the charges

10.

Low End

At the time of sentencing, and in the event that no adverse information

in the Superseding Indictment, which time has not already been credited against

another sentence.

is received suggesting such a recommendation to be unwarranted, the United States

9.

Acceptance of Responsibility - Three Levels

will recommend to the Court that the defendant receive a sentence at the"low end of

At the time of sentencing, and in the event that no adverse information

the applicable guideline range, as calculated above in Section A.7 (“Adjusted Offense

is received suggesting such a recommendation to be unwarranted, the United States

Level"). The defendant understands that this recommendation or request is not

will recommend to the Court that the defendant receive a two-level downward

binding on the Court, and if not accepted by the Court, the defendant will not be

adjustment for acceptance of responsibility, pursuant to USSG §3El.l(a). The

allowed to withdraw from the plea.

defendant understands that this recommendation or request is not binding on the

Court, and if not accepted by the Court, the defendant will not be allowed to

11.

Forfeiture of Assets

The defendant agrees to forfeit to the United States immediately and

voluntarily any and all assets and property, or portions thereof, subject to forfeiture,

withdraw from the plea.

Further, at the time of sentencing, if the defendant's offense level prior

pursuant to 18 U.S.C. § 981(a)(lXQ and 28 U.S.C. § 2461(c), whether in the

to operation of subsection (a) is level 16 or greater, and if the defendant complies

possession or control of the United States, the defendant or defendant's nominees.

wilh the provisions ofUSSG §3El.l(b) and all terms of this Plea Agreement,

The assets to be forfeited specifically include, but are not limited to, the

including but not limited to, the timely submission of the financial affidavit

$10,632,546.36 in proceeds the defendant admits were obtained as the result of the

referenced in Paragraph B.4., the United States agrees to file a motion pursuant to

commission of the offense to which the defendant is pleading guilty. The defendant

USSG §3E 1.1(b) for a downward adjustment of one additional level. The defendant

acknov ledges and agreesthat: (’) the defendant obtained this amount as a result of

understands that the determination as to whether the defendant has qualified for a

the commission of the offense, and (2) as a result of the acts and omissions of the

Defendant's Initials

Defendant’s Initials

4

Mi-

5

Case 8:15-cr-00320-SDM-MRM

Document 1121 Filed 08/30/22

Page 6 of 18 PagelD 15279

Case 8:15-cr-00320-SDM-MRM

defendant, the proceeds have been transferred to third parties and cannot be located

Document 1121 Filed 08/30/22 Page 7 of 18 PagelD 15280

The defendant agrees to take all steps necessary to identify and locate

by the United States upon the exercise of due diligence. Therefore, the defendant

all substitute assets and to transfer custody of such assets to the United States before

agrees that, pursuant to 21 U.S.C. § 853(p), the United States is entitled to forfeit any

the defendant's sentencing. To that end, the defendant agrees to make a full and

other property of the defendant (substitute assets), up to the amount of proceeds the

complete disclosure of all assets over which defendant exercises control, including all

defendant obtained, as the result of the offense of conviction. The defendant further

assets held by nominees, to execute any documents requested by the United States to

consents to, and agrees not to oppose, any motion for substitute assets filed by the

obtain from any other parties by lawful means any records of assets owned by the

United States up to the amount of proceeds obtained from commission of the

defendant, and to consent to the release of the defendant's tax returns for the

offense. The defendant agrees that forfeiture of substitute assets as authorized herein

previous five years. The defendant agrees to be interviewed by the government, prior

shall not be deemed an alteration of the defendant’s sentence.

to and after sentencing, regarding such assets. The defendant further agrees to be

The defendant also agrees to waive all constitutional, statutory, and

polygraphed on the issue of assets, if it is deemed necessary by the United States. The

procedural challenges (including direct appeal, habeas corpus, or any other means) to

defendant agrees that Federal Rule of Criminal Procedure 11 andUSSG§ IB 1.8 will

any forfeiture carried out in accordance with this Plea Agreement on any grounds,

not protect from forfeiture assets disclosed by the defendant as part of the defendant's

including that the forfeiture described herein constitutes an excessive fine, was not

cooperation.

properly noticed in the charging instrument, addressed by the Court at the time of

the guilty plea, announced at sentencing, or incorporated into the judgment.

The defendant admits and agrees that the conduct described in the

The defendant agrees to take all steps necessary to assist the

government in obtaining clear title to any substitute assets before the defendant’s

sentencing. In addition to providing full and complete information about substitute

Factual Basis below provides a sufficient factual and statutory basis for the forfeiture

assets, these steps include, but are not limited to, the surrender of title, the signing of

of the property sought by the government. Pursuant to Rule 32.2(b)(4), the defendant

a consent decree of forfeiture, and signing of any other documents necessary to

agrees that the preliminary order of forfeiture will satisfy the notice requirement and

effectuate such transfers.

will be final as to the defendant at the time it is entered. In the event the forfeiture is

Forfeiture of the defendant's assets shall not be treated as satisfaction of

omitted from the judgment, the defendant agrees that the forfeiture order may be

any fine, restitution, cost of imprisonment, or any other penalty the Court may

incorporated into the written judgment at any time pursuant to Rule 36.

impose upon the defendant in addition to forfeiture.

Defendant’s Initials _/^ \Ll

Defendant's Initials

6

7

Case 8:15-cr-00320-SDM-MRM Document 1121 Filed 08/30/22

Page 8 of 18 PagelD 15281

The defendant agrees that, in the event the Court determines that the

Case 8:15-cr-00320-SDM-MRM

Document 1121 Filed 08/30/22 Page 9 of 18 PagelD 15282

imposed by the Court in no way precludes the United States from simultaneously

defendant has breached this section of the Plea Agreement, the defendant may be

pursuing other statutory remedies for collecting restitution (28 U.S.C. § 3003(b)(2)),

found ineligible for a reduction in the Guidelines calculation for acceptance of

including, but not limited to, garnishment and execution, pursuant to the Mandatory

responsibility and substantial assistance, and may be eligible for an obstruction of

Victims Restitution Act, in order to ensure that the defendant's restitution obligation

justice enhancement.

is satisfied.

On each count to which a plea of guilty is entered, the Court shall

The defendant agrees that the forfeiture provisions of this plea agreement are

intended to, and will, survive the defendant, notwithstanding the abatement of any

impose a special assessment pursuant to 18 U.S.C. § 3013. The special assessment is

underlying criminal conviction after the execution of this agreement. The

due on the date of sentencing.

The defendant understands that this agreement imposes no limitation as

forfeitability of any particular property pursuant to this agreement shall be

determined as if the defendant had survived, and that determination shall be binding

to fine.

upon defendant’s heirs, successors and assigns until the agreed forfeiture, including

2.

The defendant understands that the offense to which the defendant is

the forfeiture of any substitute assets, is final.

B.

pleading provides for imposition of a term of supervised release upon release from

Standard Terms and Conditions

1.

Supervised Release

Restitution. Special Assessment and Fine

imprisonment, and that, if the defendant should violate the conditions of release, the

The defendant understands and agrees that the Court, in addition to or

defendant would be subject to a further term of imprisonment.

in lieu of any other penalty, shall order the defendant to make restitution to any

3.

victim of the offense, pursuant to 18 U.S.C. § 3663A, for all offenses described in 18

Immigration Consequences of Pleading Guilty

The defendant has been advised and understands that, upon conviction,

U.S.C. § 3663A(c)(l); and the Court may order the defendant to make restitution to

a defendant who is not a United States citizen may be removed from the United

any victim of the offense, pursuant to 18 U.S.C. § 3663, including restitution as to all

States, denied citizenship, and denied admission to the United States in the future.

counts charged, whether or not the defendant enters a plea of guilty to such counts,

and whether or not such counts are dismissed pursuant to this agreement. The

defendant further understands that compliance with any restitution payment plan

Defendant’s Initials /\.

.

8

4.

Sentencing Information

The United States reserves its right and obligation to report to the Court

and the United States Probation Office all information concerning the background,

Defendant’s Initials /jlE.'

9

Case 8:15-cr-00320-SDM-MRM

Document 1121 Filed 08/30/22

Page 10 of 18 PagelD 15283

Case 8:15-cr-00320-SDM-MRM Document 1121 Filed 08/30/22 Page 11 of 18 PagelD 15284

character, and conduct of the defendant, to provide relevant factual information,

records and any other financial information concerning the defendant, for the

including the totality of the defendant's criminal activities, if any, not limited to the

purpose of making any recommendations to the Court and for collecting any

count to which defendant pleads, to respond to comments made by the defendant or

assessments, fines, restitution, or forfeiture ordered by the Court. The defendant

defendant's counsel, and to correct any misstatements or inaccuracies. The United

expressly authorizes the United States Attorney's Office to obtain current credit

States further reserves its right to make any recommendations it deems appropriate

reports in order to evaluate the defendant's ability to satisfy any financial obligation

regarding the disposition of this case, subject to any limitations set forth herein, if

imposed by the Court.

6.

any.

5.

Sentencing Recommendations

It is understood by the parties that the Court is neither a party to nor

Financial Disclosures

Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Cam. P. 32(d)(2)(A)(ii),

bound by this agreement. The Court may accept or reject the agreement, or defer a

the defendant agrees to complete and submit to the United States Attorney's Office

decision until it has had an opportunity to consider the presentence report prepared

within 30 days of execution of this agreement an affidavit reflecting the defendant's

by the United States Probation Office. The defendant understands and acknowledges

financial condition. The defendant promises that his/her financial statement and

that, although the parties are permitted to make recommendations and present

disclosures will be complete, accurate and truthful and will include all assets in

arguments to the Court, the sentence will be determined solely by the Court, with the

which he/she has any interest or over which the defendant exercises control, directly

assistance of the United States Probation Office, The defendant further understands

or indirectly, including those held by a spouse, dependent, nominee or other third

and acknowledges that any discussions between defendant or defendant's attorney

party. The defendant further agrees to execute any documents requested by the

and the attorney or other agents for the government regarding any recommendations

United States needed to obtain from any third parties any records of assets owned by

by the government are not binding on the Court and that, should any

the defendant, directly or through a nominee, and, by the execution of this Plea

recommendations be rejected, defendant will not be permitted to withdraw

Agreement, consents to the release of the defendant's tax returns for the pr evious five

defendant's plea pursuant to this plea agreement. The government expressly reserves

years. The defendant similarly agrees and authorizes the United States Attorney's

the right to support and defend any decision that the Court may make with regard to

Office to provide to, and obtain from, the United States Probation Office, the

the defendant's sentence, whether or not such decision is consistent with the

financial affidavit, any of the defendant's federal, state, and local tax returns, bank

government's recommendations contained herein.

Defendant’s Initials

Defendant’s Initials

10

A'L-

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Case 8:15-cr-00320-SDM-MRM Document 1121 Filed 08/30/22 Page 12 of 18 PagelD 15285

7.

Defendant's Waiver of Right to Appeal the Sentence

Case 8:15-cr-00320-SDM-MRM Document 1121 Filed 08/30/22 Page 13 of 18 PagelD 15286

9.

Filina of Agreement

This agreement shall be presented to the Court, in open court or in

The defendant agrees that this Court has jurisdiction and authority to

impose any sentence up to the statutory maximum and expressly waives the right to

camera, in whole or in part, upon a showing of good cause, and filed in this cause, at

appeal defendant's sentence on any ground, including the ground that the Court

the time of defendant's entry of a plea of guilty pursuant hereto.

erred in determining the applicable guidelines range pursuant to the United States

Sentencing Guidelines, except (a) the ground that the sentence exceeds the

10.

Voluntariness

The defendant acknowledges that defendant is entering into this

defendant's applicable guidelines range as determined by the Court pursuant to the

agreement and is pleading guilty freely and voluntarily without reliance upon any

United States Sentencing Guidelines; (b) the ground that the sentence exceeds the

discussions between the attorney for the government and the defendant and

statutory maximum penalty; or (c) the ground that the sentence violates the Eighth

defendant's attorney and without promise of benefit of any kind (other than the

Amendment to the Constitution; provided, however, that if the government exercises

concessions contained herein), and without threats, force, intimidation, or coercion

its right to appeal the sentence imposed, as authorized by 18 U.S.C. § 3742(b), then

of any kind. The defendant further acknowledges defendant’s undemanding of the

the defendant is released from his/her waiver and may appeal the sentence as

nature of the offense or offenses to which defendant is pleading guilty and the

authorized by 18 U.S.C. § 3742(a).

elements thereof, including the penalties provided by law', and defendant's complete

8.

Middle District of Florida Agreement

satisfaction with the representation and advice received from defendant’s

It is further understood that this agreement is limited to the Office of the

undersigned counsel (if any). The defendant also understands that defendant has the

United States Attorney for the Middle District of Florida and cannot bind other

right to plead not guilty or to persist in that plea if it has already been made, and that

federal, state, or local prosecuting authorities, although this office will bring

defendant has the right to be tried by a jury with the assistance of counsel, the right

defendant's cooperation, if any, to the attention of other prosecuting officers or

to confront and cross-examine the witnesses against defendant, the right against

others, if requested.

compulsory self-incrimination, and the right to compulsory process for the

attendance of witnesses to testify in defendant's defense; but, by pleading guilty,

defendant waives or gives up those rights and there will be no trial. The defendant

further understands that if defendant pleads guilty, the Court may ask defendant

Defendant’s Initials

12

Defendant’s Initials b

13

Case 8:15-cr-00320-SDM-MRM

Document 1121 Filed 08/30/22

Page 14 of 18 PagelD 15287

questions about the offense or offenses to which defendant pleaded, and if defendant

Case 8:15-cr-00320-SDM-MRM Document 1121 Filed 08/30/22 Page 15 of 18 PagelD 15288

IGHEDOISE was a member of a large international fraud and money

answers those questions under oath, on the record, and in the presence of counsel (if

laundering organization that operated in the United States, Canada, Nigeria, and

any), defendant's answers may later be used against defendant in a prosecution for

other countries throughout the globe. IGHEDOISE, who resided in Ontario,

peijury or false statement. The defendant also understands that defendant will be

Canada, targeted—and helped other individuals target—victims in connection with

adjudicated guilty of the offenses to which defendant has pleaded and, if any of such

fraud schemes. The fraud schemes took several forms. Many victims were lawyers

offenses are felonies, may thereby be deprived of certain rights, such as the right to

who were solicited to perform fake legal work, unwittingly provided counterfeit

vote, to hold public office, to serve on a jury, or to have possession of firearms.

cashier’s checks for deposit into their firms’ trust accounts, and then were directed to

11.

Factual Basis

wire money to bank accounts in the name of shell companies that coconspirators

The defendant is pleading guilty because the defendant is in fact guilty.

controlled. Other victims were title companies defrauded with counterfeit checks in

The defendant certifies that defendant does hereby admit that the facts set forth

phony real estate transactions. Still other victims were widowed, divorced, or single

below are true, and were this case to go to trial, the United States would be able to

women who were targeted and defrauded by fake suitors on dating websites offering

prove those specific facts and others beyond a reasonable doubt.

sham investment opportunities. The conspiracy also employed hackers who

FACTS

From at least in or around January 2012, and continuing through and

compromised or "spoofed" email accounts, ordering or directing wire transfers from

brokerage and business accounts to shell bank accounts controlled by coconspirators.

including October 2015, the defendant, AK.OHOMEN IGHEDOISE, conspired to

Victims were instructed to wire money interstate into funnel accounts

devise a scheme and artifice to defraud, and to obtain money and property by means

held by coconspirators, colloquially known as "money mules,” in the names of shell

of false and fraudulent pretenses, representations, and promises that related to

companies. The coconspirators then quickly moved the victims' proceeds to other

material facts, and, for the purpose of executing such scheme and artifice, to transmit

accounts in the United States and around the world before the victims could discover

and cause to be transmitted by means of wire, radio, and television communication

the fraud. Coconspirators in Canada, Nigeria, South Africa, China, Senegal, and

in interstate and foreign commerce, any writings, signs, signals, pictures, and sounds,

elsewhere helped coordinate the fraud and related money-laundering activity from

in violation of 18 U.S.C. §§ 1343 and 1349.

abroad. Codefendant Ikechuwku Amadi was IGHEDOISE’s main point of contact

for money-laundering activity that occurred in the United States.

Defendant’s Initials

14

Defendant's Initials

fr-T-

15

Case 8:15-cr-00320-SDM-MRM Document 1121 Filed 08/30/22 Page 16 of 18 PagelD 15289 .

IGHEDOISE used phone, email, and other means of communication

Case 8:15-cr-00320-SDM-MRM

Document 1121 Filed 08/30/22 Page 17 of 18 PagelD 15290

information to the coconspirators who defrauded the victims, and he directed

in interstate and foreign commerce to advance the goals of the conspiracy and to

coconspirators, including Amadi, where to send the victims’ money once it had been

coordinate the fraud activity that his fellow coconspirators, including individuals

received and laundered.

located in Nigeria and South Africa, carried out. IGHEDOISE's email and text

message records contained extensive communications in which he exchanged

12.

Entire Agreement

This plea agreement constitutes the entire agreement between the

information with Amadi about specific victims, including their personally

government and the defendant with respect to the aforementioned guilty plea and no

identifiable information and bank accounts, and the manner in which the victims'

other promises, agreements, or representations exist or have been made to the

funds were to be moved.

defendant or defendant's attorney with regard to such guilty plea.

In total, during the period alleged in the Supeiseding Indictment,

IGHEDOISE and his coconspirators unlawfully obtained, and attempted or intended

to obtain, at least approximately $16,492,213.16 from victims of the various fraud

schemes. IGHEDOISE's specific conduct and objectives during the conspiracy

involved at least $16,492,213.16 in actual or intended fraud proceeds, and it was

reasonably foreseeable to IGHEDOISE that the conspiracy would involve a total

actual or intended loss in that amount. IGHEDOISE did not provide any legitimate

services, or engage in any legitimate commercial activity, related to the obtainment,

receipt, or transfer of those funds.

During the period alleged in the Superseding Indictment, IGHEDOISE

had authority and control over at least $10,632,546.36 in proceeds obtained from

victims of the various fraud schemes. IGHEDOISE was aware that the victims were

sending these funds to bank accounts that his coconspirators oversaw and controlled.

Specifically, IGHEDOISE and his coconspirators provided the bank account

Defendant's Initials

16

Defendant's Initials

17

Case 8:15-cr-00320-SDM-MRM Document 1121 Filed 08/30/22 Page 18 of 18 PagelD 15291

13.

Case 8:15-cr-00320-SDM-MRM

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

Certification

The defendant and defendant’s counsel certify that this plea agreement

has been read in its entirety by (or has been read to) the defendant and that defendant

fully understands its terms.

UNITED STATES OF AMERICA

v.

CASE NO.: 8:15-cr-320-SDM-MRM

AKOHOMENIGHEDOISE

DATED this 25 day of

____2022.

ROGER B. HANDBERG

United States Attorney

Akohomen Ighedoise

Defendant

Patrick D. Scrui

Assistant Unitei

Judge:

Mac R. McCoy

Deputy

Clerk:

Court

Reporter:

Date/Time:

Fabiana Nicastri

ites Attorney

Bench Time:

/

Wesley E. Tromblty, Esq.

Attorney for Defendant

Document 1126 Filed 09/13/22 Page 1 of 1 PagelD 15298

j^:Cheffe^. Krigsman

Assifetsrht United States Attorney

Chief, National Security and

Cybercrime Section

Digital

September 13, 2022'

01:40 PM-02:31 PM

51 minutes

Counsel for

Government:

Counsel for

Defendant:

Pretrial/Probation:

Wesley E. Trombley

Interpreter:

N/A

Patrick Scruggs

No Officer Present

Change of Plea Hearing

Defendant present with Counsel. The Court ensures there have not been any

handwritten modifications to the plea agreement.

Defendant sworn. Court advised defendant of rights, minimum/maximum penalties,

elements of the offense and sentencing guidelines. The Court finds the Defendant to

be competent to enter a guilty plea today if he chooses to do so. The Defendant, both

on the record and in writing, consents to proceed with the plea before the Magistrate

Judge. Court reads in detail from plea agreement. Proffer of facts by the Government.

Factual basis established. Defendant entered a plea of guilty to Count One of the

Superseding Indictment.

Court will recommend the plea to be accepted. Report and Recommendation to

follow. Sentencing to be set by separate notice before the District Court Judge.

Defendant to be remanded to the custody of the United States Marshals pending future

proceedings.

18

/

Case 8:15-cr-00320-SDM-MRM

Document 1127

Filed 09/13/22

Page 1 of 1 PagelD 15299

Case 8:15-cr-00320-SDM-MRM Document 1128 Filed 09/13/22 Page 1 of 1 PagelD 15300

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

UNITED STATES OF AMERICA

United States District Court

Middle District of Florida

Tampa Division

UNITED STATES OF AMERICA

V.

Case No.: 8:l5-er-320-SDM-MRM

AKOHOMEN IGHEDOISE

Case No.: 8:15-cr-320-SDM-MRM

v.

AKOHOMEN IGHEDOISE

NOTICE RECARDING ENTRY OF A

PLEA OF GUILTY

In the event the Defendant decides at any lime before trial to enter a plea of guilty, the

Consent to Institute a Presentence Investigation and Disclose the

Report Before Conviction or Plea of Guilty

I, AKOHOMEN IGHEDOISE, hereby consent to a presentence investigation by the

United States Magistrate Judge is authorized by Rule 1.02 Middle District of Florida Local Rules.

Probation Officers of the United States District Courts. I understand and agree that the report of

with the consent of the Defendant, to conduct the proceedings required by Rule 11. Fed. R. Crim.

the investigation will be disclosed to the Judge and (he attorney for the Government, as well as to

P. incident to the making of a plea. If. after conducting such proceedings, the Magistrate Judge

^recommends that the plea of guilty be accepted, a presentence investigation and report will be

<

X

me and my attorney, so that it may be considered by the Judge in deciding whether to accept a plea

agreement that I may have reached with the Government.

ordered pursuant to Rule 32, Fed. R. Crim. P. The assigned United States District Judge will

I have read, or had read to me. the foregoing consent and full)' understand it.

then act on the Magistrate Judge's Report and Recommendation and if the plea of guilty is

accepted, will adjudicate guilty and schedule a sentencing hearing at which the District Judge will

Dated: September 13,2022

Defendant

decide whether to accept or reject any associated plea agreement and will determine and impose

sentence.

Dated: September 13, 2022

CONSENT

I hereby declare my intention to enter a plea of.guilty in the above case and I request and consent to

(he United States Magistrate Judge conducting the proceeding required by Rule 11, Fed. R. Criin.

P. incident to l he making of such plea. I understand that if my plea of guilty is then accepted by

the District .Judge, (tie District Judge will decide whether to accept or reject any plea agreement T

may have with the United States and will adjudicate guilty and impose sentence.

Dale: September 13. 2022

Defendant

A

Attorney for Defendant

jU,

Defense Counsel

Case 8:15-cr-00320-SDM-MRM

Document 1129 Filed 09/13/22 Page 1 of 2 PagelD 15301

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

UNITED STATES OF AMERICA

v.

Case 8:15-cr-00320-SDM-MRM

Document 1129 Filed 09/13/22 Page 2 of 2 PagelD 15302

NOTICE TO PARTIES

A party has fourteen days from the date the party is served a copy of this Report

and Recommendation to file written objections to the Report and Recommendation’s

CASE NO.: 8:15-cr-320-SDM-MRM

AKOHOMENIGHEDOISE

factual findings and legal conclusions. 28 U.S.C. § 636(b)(1)(C). A party’s failure to

file written objections waives that party’s right to challenge on appeal any unobjected-

REPORT AND RECOMMENDATION

CONCERNING PLEA OF GUILTY

to factual finding or legal conclusion the district judge adopts from the Report and

Recommendation. See 11th Cir. R. 3-1.

The Defendant, by consent, appeared before me pursuant to Fed. R. Crim. P.

11 andM.D. Fla. R. 1.02, and entered a plea of guilty to CountOne of the Superseding

Indictment (Doc. 25) pursuant to the terms of a plea agreement. After cautioning and

examining the Defendant under oath concerning each of the subjects mentioned in

Rule 11, I determined that the guilty plea was knowledgeable and voluntary as to

Copies furnished to:

Presiding District ludge

Counsel of Record

Unrepresented Parties

Count One, and that the offense charged is supported by an independent basis in fact

containing each of the essential elements of such Count. I, therefore, RECOMMEND

that the plea of guilty be accepted and that the Defendant be adjudged guilty and have

sentence imposed accordingly.

Respectfully RECOMMENDED in Tampa, Florida on September 13, 2022.

Mac R. McCoy

United States Magistrate ludge

2

Case 8:15-cr-00320-SDM-MRM Document 1132 Filed 10/04/22 Page 1 of 2 PagelD 15373

Case 8:15-cr-00320-SDM-MRM

Document 1132 Filed 10/04/22 Page 2 of 2 PagelD 15374

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

UNITED STATES OF AMERICA

v.

CASE NO: 8:15-cr-320-SDM-MRM

AKOHOMENIGHEDOISE

ACCEPTANCE OF PLEA OF GUILTY

AND ADJUDICATION OF GUILT

IMPORTANT NOTICE

A continuance granted too near a scheduled sentencing results

in waste of resources. Counsel’s obligation to the court

includes due diligence in seeking a continuance. Except in the

most acute circumstances, counsel must seek a continuance,

including every continuance premised on a defendant’s

cooperation with law enforcement, within thirty days after

service of this order. Every motion for a continuance shall

include a statement of the other party’s support or opposition

to the proposed continuance.____________________________

Based on the results of a hearing under Rule 11, Federal Rules of Criminal

Procedure, the United States Magistrate Judge’s report recommends acceptance of the

defendant’s plea of guilty. No timely objection appears. A review of the record confirms

that the requirements of Rule 11 are satisfied. The defendant’s plea of guilty to Count

One of the Superseding Indictment is ACCEPTED, and the defendant is adjudged

GUILTY.

The sentencing will occur on December 6, 2022, at 9:00 a.m. in Courtroom 15A

of the United States Courthouse, 801 N. Florida Avenue, Tampa, Florida 33602-3800.

ORDERED in Tampa, Florida, on October 4, 2022.

h\lAM^Uu^

STEVEN D. MERRYDAY

UNITED STATES DISTRICT JUDGE

TO:

Counsel of Record

U.S. Probation Office

U.S. Marshal Service

U.S. Pretrial Service

Case 8:15-cr-00320-SDM-MRM

Document 1144 Filed 01/10/23 Page 1 of 14 PagelD 15514

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

Case 8:15-cr-00320-SDM-MRM

Document 1144 Filed 01/10/23 Page 2 of 14 PagelD 15515

2023. Mr. Ighedoise is not a citizen of the United States, he has a Homeland

Security Detainer, and will be deported upon the completion of his sentence.

UNITED STATES OF AMERICA

Mr. Ighedoise requests the Court vary downward two levels from a level 33

CASE NO. 8:l5-cr-320-SDM-TGW

v.

to a level 31 (108-135 months) based on 1) Mr. extraordinary educational and

rehabilitative efforts while incarcerated and, 2) Mr. Ighedoise’s six years of

AKOHOMEN IGHEDOISE

excessively punitive incarceration inside the Toronto South Detention Centre;

Defendant.

Further, to avoid an outcome where Mr. Ighedoise does not received credit for time

AKOHOMEN IGHEDOISE’S SENTENCING MEMORANDUM

served in Canadian custody, undersigned counsel is requesting that the Court vary

The Grand Jury in this matter Indicted Mr. Ighedoise and five co-defendants

downward an additional 74 months (level 19 or 20) to account for Mr. Ighedoise

on September 24, 2015, alleging conspiracy to commit mail and wire fraud in

incarceration in Canada from October 7, 2015, to November 17, 2021.1 Therefore

violation of 18 U.S.C. §1349 and conspiracy to commit international money

the final sentence requested is 34 months (Actual time incarcerated would be 108

laundering in violation of 18 U.

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Petition for Writ of Certiorari — Akohomen Ighedoise, Petitioner v. United States | Frix