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[DO NOT PUBLISH]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?
16
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
24
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
rA !(C
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e+
'-'T'
C'+
-KJ< ,^r i.u''
UX
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■
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We're ,ot asking
vd io)
:i
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
5 .jL
\ OVN
'V<t
V -
/
/
/
/
J
■fi •
(
/
pC
ry"
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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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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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
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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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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
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8: !5-cr-00320-SDMMRM
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reason:
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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
L:\~Crintinat Cases\E\ELLIS. Pricilla Ann_20l5R00892_MTJ\Supcr Indictment Pacl<agc\j)_Supersedintj
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
S
Document 1121
Filed 08/30/22
Chief Approval
AF Approval
I
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
i
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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33
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-
11
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
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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.
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