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Why Hushpuppi should spend at least 11 years in jail – U.S. government

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The United States government has urged the District Court in Central California to sentence a Nigerian Instagram celebrity, Ramon Abbas, popularly known as Hushpuppi, to 135 months in jail for fraud.

It gave its reasons for proposing the equivalent of 11 years and three months jail time for Mr Abbas in its court filings obtained by PREMIUM TIMES.

Hushpuppi, an international fraudster, was arrested in Dubai, the United Arab Emirate (UAE) in June 2020 over an extensive fraudulent scheme that has robbed victims of their money in the U.S., Qatar, the United Kingdom, and other places.

He was taken to the U.S, where he was charged with fraud and money laundering.

In July 2021, he pleaded guilty to conspiracy to engage in money laundering. He admitted to conspiring with multiple persons within and outside the U.S to launder the proceeds of the fraudulent scheme perpetrated against persons and businesses in different countries.

PREMIUM TIMES reported earlier that the trial judge, Otis Wright, has fixed 7 November as the date to sentence Hushpuppi.

Ahead of the sentencing, a team of U.S. attorneys led by Stephanie Christensen, urged the court to “sentence the defendant (Hushpuppi) to 135 months’ imprisonment.”

In presentencing filings countering Mr Abbas’ plea for a lighter punishment, the US authorities called for “a three year term of supervised release and order of restitution of $1,732,841.34, a fine of $500,000, and the mandatory special assessment of $100.”

He will also restitute all stolen funds to the victim, according to the plea agreement signed by the parties.

‘Hushpuppi’s life ambition directed towards crime’

In the U.S. government’s response to Hushpuppi’s requests seeking “departures and variances” from the statutory punishment for his crime, the prosecuting lawyers disagreed with Mr Abbas’ claims of being a “life-long, hard-working and ambitious individual.”

The lawyers argued that Hushpuppi’s conduct leading to the charges “is… inconsistent with” his “long history as a scammed and money launderer.

“Defendant is, by all accounts, an ambitious individual, but his ambition has long been directed towards crime and its rewards.”

In pleading for leniency, Hushpuppi cited earlier cases of four Nigerians who were convicted of “economic crimes.”

But, the U.S. attorneys contend that none of the cited cases is similar to Mr Abbas’ charges.

“The sentences in the cited cases are not comparable for the purposes of the court’s disparity analysis.”

“None of these defendants were high volume money launderers who admitted to conspiring to launder tens of millions of dollars,” the government’s counter-argument shows.

Hushpuppi’s argument seeking a departure from statutory sentencing guideline, due to the disparate treatment of immigrants under the ‘First Step Act,’ was also opposed by the prosecution.

The government lawyers argued that the four defendants’ cases earlier cited by embattled Hushpuppi do not apply as the latter is not an immigrant to the U.S.

The “defendant did not come to the United States of his own volition- he was brought here to face justice in this case,” the authorities said.

Similarly, the prosecuting attorneys urged the court to discountenance Hushpuppi’s argument that he qualifies for a shorter sentence on grounds of the COVID-19 Pandemic in 2020.

Acknowledging the “profound impact” of the pandemic, the government, however, said Hushpuppi’s “experience is not exceptional as compared to that of many others who were in custody during the pandemic and received no extra credit at sentencing,” copies of court documents obtained by PREMIUM TIMES show

Background

Mr Abbas, in July 2021, agreed to plead guilty to the multi-million-dollar fraud charges slammed against him by the American government.

He has been in detention since his arrest in Dubai and repatriation to the U.S. in June 2020.

Hushpuppi who initially maintained his innocence, entered into a plea bargain agreement with the U.S. authorities in July 2021, in the hope of getting a lighter punishment.

He pleaded guilty to Count Two which is “Conspiracy to Engage in Money Laundering,” an offence that attracts a maximum imprisonment of 20 years among other punishments including full restitution, his plea agreement with the U.S. government states in part.

This paper reported that despite pleading guilty, Mr Abbas will not be freed from paying restitution.

“Defendant understands that the defendant will be required to pay full restitution to the victim(s) of the offence to which the defendant is pleading guilty.

“Defendant agrees that, in return for the USAO’s compliance with its obligations under this agreement, the court may order restitution to persons other than the victim(s) of the offenses to which defendant is pleading guilty and in amounts greater than those alleged in the count to which defendant is pleading guilty,” the plea agreement seen by PREMIUM TIMES in July 2021 read.

Not being an American citizen, he will be deported after completing his jail term and paying up the amount to be restituted.

The maximum penalty for the offence which Mr Abbas hopes will be reduced at his sentencing include: “20 years’ imprisonment; a 3-year period of supervised release; a fine of $500,000 or twice the gross gain or gross loss resulting from the offense, whichever is greatest; and a mandatory special assessment of $100.”

In June 2020, the Hushpuppi, who is known for flaunting his ostentatious lifestyle on the Internet, was arrested in Dubai by special agents including the Emerati police officers and Federal Bureau of Investigation (FBI) operatives.

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I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court

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A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.

The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.

Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.

According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.

He said he subsequently took the money to the office of the then Director-General.

“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.

The witness explained that he collected the bag from his aide before entering the office.

“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”

The witness was initially a defendant in the case but later opted to testify for the prosecution.

While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.

According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.

He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.

“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.

During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.

When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”

After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.

The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.

Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.

They pleaded not guilty to the offences.

The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.

According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.

Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.

The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.

One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.

 

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CBN Bars Chronic Loan Defaulters from Accessing New Banking Services

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The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).

This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.

This order is specifically targeted at large-ticket obligors.

The CBN issued the directive in a circular to banks on Monday.

The latest instruction comes almost a week after the CBN asked financial institutions to stress test.

It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.

“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.

“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.

“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”

 

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Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju

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Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.

Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.

He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.

“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.

“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?

“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.

“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.

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