| Man Who Fled
Fraud Scheme Charge Down Fire Escape Is
Ordered Detained on Appeal in SDNY
By Matthew
Russell Lee, Patreon Podcast
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Feb 19 – In an alleged fraud
conspiracy stretching from
Ghana through The Bronx to
North Dakota, on February 17
Federal prosecutors announced
announced the arrests of
FAROUK APPIEDU, FRED ASANTE,
CELVIN FREEMAN, LORD ANING,
SADICK EDUSEI KISSI, and
FAISAL ALI, a/k/a “Clarence
Graveley,” for charges in
connection with their roles in
a fraud and money laundering
conspiracy based in the
Republic of Ghana involving
the theft of tens of millions
of dollars. Criminal
complaint on
Patreon here.
FREEMAN and ALI were arrested
earlier on February 17 in New
Jersey and were set to be
"presented in Manhattan
federal court later in the
day." Inner City Press live
tweeted it, here
and below -- Freeman was
ordered released, after having
fled law enforcement in the
morning.
On February
19, the US appealed to Judge
Jed S. Rakoff, who reversed
the release. Inner City Press
live tweeted it here:
(podcast here)
Judge Rakoff cuts
to the chase: This seems like
a clear case for remand, on
risk of flight. How did
Magistrate Judge Parker
explain freeing him? Freeman's
lawyer: The government
emphasized that another
defendant once cuts off his
GPS and fled.
Judge
Rakoff: Certainly that should
not be held against your
client. But we all know there
are problems with GPS, even
before the pandemic. Freeman's
lawyer: My client initially
came here legally. Judge
Rakoff: But he's not here
legally now, right?
Freeman's lawyer:
He's still legally married
here. She works in Summit
Hospital. Judge Rakoff:
Where does she live? Freeman's
lawyer: In Newark. They are
separated. My client tells me
she is going to file divorce
papers. But he came here
legally.
Freeman's lawyer:
Then my client's former lawyer
died of COVID, at 68 years
old. That's and his separation
fromm his wife complicated him
trying to become legal
here. Judge Rakoff:
Where is the daughter?
Freeman's lawyer: In Ghana.
Judge Rakoff: I
would think it is obvious that
the reason he didn't go back
to Ghana is because there is a
chance he wouldn't be
re-admitted... I understand he
has suffered a number of
vicissitudes, but now he has a
motive to flee that he didn't
have previously.
Freeman's lawyer:
Well, he wasn't one of the
defendants taking PPP loans.
Judge Rakoff: Let's here from
the government. What's the
evidence against this guy?
AUSA: He is a
defendant from Ghana accused
of committing crimes against
the US, using Freeman Auto.
AUSA: He
received deposits of over $5
million. Including from
romance scams, like from a 72
year old woman in Arizona who
believed he was a four star
general. He has a
co-conspirator convicted of
money laundering in the
Eastern District of Kentucky.
AUSA: I know your Honor does
not have a strong affinity for
the [Sentencing] Guidelines,
but he faces 5 to 7 years. He
might well self-deport... As
to the fire escape, he had
made it 2 flights down. But
agents were waiting.
AUSA: He
had an ID for a Mr. Labbo, a
driver's license and a Wells
Fargo bank card. He claimed it
was left in his apartment and
he was keeping it for
safekeeping. Judge Rakoff: In
his wallet? This sounds like a
flagrant lie to me. [There is
a sigh]
AUSA: This
puts the issue of flight to
bed.
Judge Rakoff:
It's time to hear from
defense. Most people just
leave there wallets lying
around. [Seems sarcastic]. Why
did he climb down the fire
escape?
Freeman's
lawyer: They were banging on
his door in East Orange, NJ.
It is a dangerous
neighborhood. Judge Rakoff:
That is interesting. But under
what rule of evidence does it
come in, that you might have
fled in this situation?
Freeman's lawyer:
He was in his socks. He
couldn't have gone to the
airport. Judge Rakoff: The
government says he was trying
to avoid arrest. .. I am going
to detain the defendant. The
government has established
overwhelmingly there's a
substantial risk of flight.
Judge Rakoff: He
has strong ties to Ghana,
including his daughter being
there. He was attempted to
evade arrest. If the US is
credited, he is a master liar.
He faces significant time. His
regards for other human beings
appears modest at most.
Judge
Rakoff: So, the defendant will
be detained. Adjourned.
From February 17:
Celvin Freeman is accused of
getting $100,000 in Ghana
fraud -- but today he says he
has only $2500, gets publicly
paid CJA lawyer.
Magistrate asks
if Judge Rakoff has set a next
date. No, AUSA says, he's
waiting to learn the status of
other arresteees.
AUSA: Government
is seeking detention. CJA
lawyer: We are making a bail
application.
Assistant
US Attorney: Mr. Freeman tried
to flee from the agents this
morning. They knew he was
inside, but he refused to
answer. After 5 minutes, they
breached the door - and found
a window open with blinds
moving. He was on fire escape.
AUSA: Mr. Freeman
was in his socks and tried to
climb down the fire escape. He
has no legal status here. He
had another person's driver
license and debit card. He
said it belonged to his
cousin, then to his biological
brother. There is a risk of
flight.
Defense
lawyer: He is married to a US
citizen. They are separated
and she lives in Newark, New
Jersey. Whether that is
because of money problems, I
don't know. "In terms of the
brother claim, in Africa, if
you live with someone you call
them your brother." (!)
Defense
lawyer: The government
unfairly mentions another
person who cut off their GPS
bracelet and fled. [Inner City
Press surmises this was the
case before Judge Cote that it
covered]. We offer up his
travel documents, no new bank
accounts, home detention...
AUSA: This
morning, law enforcement was
at the door announcement
themselves as law enforcement
- yet he fled. So he is a risk
of flight. We know what goes
on in his mind based on that.
Judge: Pre-Trial Services
recommends release. Why isn't
GPS monitoring enough?
AUSA:
Electronic monitoring is not
perfect, if they flee at the
right hour. He attempted to
flee this very morning, down a
fire escape. Defense lawyer:
Maybe the Assistant US
Attorney wouldn't, but if my
door was knocked on loud at
6:15 am l might be scared
& flee
Pre-Trial
Services: We stand by our
recommendation. Judge: I
believe there are condition
that will reasonably assure
this defendant's return to
court. $500,000 bond co-signed
by three financially
responsible persons.
Pre-Trial
Services
chimes in to
suggest that
defendant be
allowed to
self-install
his own GPS
monitoring
bracelet.
How long it will
be until this bail
determination is put in PACER
is anyone's guess.
Criminal
complaint on Patreon here.
This case is US
v. Freeman, 21-cr-88
(Rakoff)
ASANTE and ANING
were arrested in Virginia, to
be presented in the United
States District Court for the
Eastern District of Virginia
in Alexandria, Virginia.
APPIEDU was previously
arrested in Queens, New York
on October 18, 2020.
KISSI was previously arrested
in Fargo, North Dakota on
February 5,
2020.
FAROUK
APPIEDU, 35, of the Bronx, New
York, FRED ASANTE, 35, of
Fredericksburg, Virginia,
CELVIN FREEMAN, 47, of East
Orange, New Jersey, and LORD
ANING, 28, of Woodbridge,
Virginia, were each charged in
Indictment No. 21 Cr. 88 with
one count of conspiracy to
commit wire fraud, one count
of wire fraud, and one count
of conspiracy to commit money
laundering, which each carry a
maximum sentence of 20 years
in prison; one count of
conspiracy to receive stolen
money, which carries a maximum
sentence of five years in
prison; and one count of
receipt of stolen money, which
carries a maximum sentence of
10 years in prison. The
case against APPIEDU, ASANTE,
FREEMAN, and ANING is assigned
to U.S. District Judge Jed S.
Rakoff.
***
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