| Man
Pled Guilty to
Bank Fraud
then Withdrew
Plea Now Co-D
Gets Year and
a Day
By Matthew
Russell Lee, Patreon Maxwell
book
SDNY COURTHOUSE,
June 10 –
On
February 13,
2023 Adedayo
John pleaded
guilty to bank
fraud. But he
said, "I
didn't know
there was
consequences
to what I was
doing because
I was
instigated by
people from
back home,
from Nigeria."
On February
22, Adedayo
John filed his
own motion to
withdraw his
guilty plea,
and to fire
his lawyer.
On March 2,
2023 in the
U.S. District
Court for the
Southern
District of
New York Judge
Loretta A.
Preska held a
proceeding.
Inner City
Press covered
it.
Judge
Preska gave
John two weeks
to retain new
counsel; until
then, his
outgoing
counsel will
be the point
of contact.
She said he
could
represent
himself, but
the court
wouldn't
recommend it.
Unlike
on most other
such requests,
there is
material in
the allocution
in which the
defendant
resisted
admitting
knowledge.
Jump
cut to June
15, 2023 -
Judge Preska
held a
conference
with John's
new counsel,
his former
counsel, and
the
prosecutors.
Inner City
Press covered
it.
Former
counsel will
turn in all
his messages
with John, and
those of two
colleagues, in
a week's time.
And the
parties will
reconvene, in
person, on
July 17.
On
July 6, the US
filed a letter
stating that
the issues are
what was
discussed on
the phone, and
John's reason
for waiting to
February 21,
2023 "in
reliance on
the mistaken
assumption
that he had 10
days to
determine
whether to
withdraw the
plea."
On
July 7, John's
new counsel
filed its
letter,
arguing that
"the
Government
moved to
accept the
plea Friday,
February 17.
Walker and
John
communicated
certainly
within the
Sunday-Monday
timeframe.
Monday the
20th was a
federal
holiday. Had
Walker filed
by ECF some
type of letter
motion
alerting the
court to the
issue, even by
Tuesday
morning, the
Court likely
would have
held off from
accepting the
plea when
business
resumed on the
21st until the
matter was
resolved."
Before
the July 17
evidentiary
hearing, the
US Attorney's
Office sent in
a letter
saying it
would not now
oppose the
withdrawal of
the plea. So
the
evidentiary
hearing was
converted to a
status
conference.
Jump
cut to
December 29,
2023, when
John's new
counsel wrote
in that now
that his
client had
reviewed
discovery and
could "make an
informed
decision," he
wants to plead
guilty again.
And
on January 4,
2024, he did:
"Minute Entry
for
proceedings
held before
Judge Loretta
A. Preska:
Change of Plea
Hearing as to
Adedayo John
held on
1/4/2024. Plea
entered by
Adedayo John
(1) Guilty as
to Count
1s,2s. The
defendant
withdraws his
previous plea
of not guilty
and enters a
plea of guilty
to Counts One
and Two of the
S1. Sentencing
scheduled for
April 10, 2024
at 11:00 am.
PSI ordered.
(Sentencing
set for
4/10/2024 at
11:00 AM
before Judge
Loretta A.
Preska.)
On
February 21,
2024, John's
counsel wrote
in asking that
he below
allowed,
pre-sentence,
to move to
Katy, Texas on
March 1,
citing
"increased
costs of
living and
childcare in
New York."
On
September 1,
counsel for
John's
co-defendant
Peter
Olarewaju
wrote in
seeking a
delay in
sentencing
until January
2024, citing
his wife's
health and
attaching
detailed
records.
On
October 27,
co-defendant
Aramiwale
Shittu wrote
in to ask for
a
non-incarceratory
sentence,
saying he
suffers "from
ulcers and a
medical
condition in
which he
develops a
rash and hives
all over his
body whenever
he comes into
close contact
with
high-gloss
paint or brown
cardboard
boxes."
On
November 7,
Shittu got
time served
and
restitution:
"Minute Entry
for
proceedings
held before
Judge Loretta
A. Preska:
Sentencing
held on
11/7/2023 for
Aramiwale
Shittu. The
defendant is
sentenced to:
Time Served
followed by 3
years of
supervised
release, with
6 months of
home
confinement.
All standard
terms and
conditions of
supervised
release with
the special
conditions of:
complying with
the conditions
of home
confinement
for 6 months,
access to
requested
financial
info., no new
credit
charges, and
searches.
Restitution in
the amount of
$123,500.00;
forfeiture in
the amount of
$196,572.61."
On
June 10, 2024,
another
co-defendant
got a year and
a day
(allowing for
"good time"
credit) and
larger
forfeiture:
"Minute Entry
for
proceedings
held before
Judge Loretta
A. Preska:
Sentencing
held on
6/10/2024 for
Morakinyo
Gbeyide (4)
Count 2s. The
defendant is
sentenced to:
a year and a
day followed
by 3 years of
supervised
release. All
standard terms
and conditions
of supervised
release with
the special
conditions of:
access to
requested
financial
information,
no new credit
charges and
searches.
Restitution in
the amount of
$ 256,820.00;
forfeiture in
the amount of
$3,763,658.62."
Inner City
Press will
continue to
cover the
case.
The
case is US v.
John, et al.,
21-cr-609
(Preska)
***
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