Sufficiency of Evidence-Obstruction of Justice

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7^th Circuit Court of Appeals

Case Name: United States of America v. Edwin Agbi

Case No.: 22-2573

Officials: Flaum, Ripple, and Scudder, Circuit Judges.

Focus: Sufficiency of Evidence-Obstruction of Justice

Agbi, originally from Nigeria but a U.S. resident since 2016, played the role of a middleman in a scheme that involved creating fake online dating profiles to swindle unsuspecting elderly individuals out of hundreds of thousands of dollars. Agbi operated from his Indianapolis apartment, where he collected cash, took a share of the ill-gotten gains, and then transferred the remainder to accounts in Nigeria. Over 30 months after his arrest, Agbi’s legal counsel informed the government that Agbi planned to assert a duress defense, claiming for the first time that co-conspirators based in Nigeria had threatened his family. The district court granted a motion to disallow the defense.

During the trial, two victims of the scheme testified that they had been duped into believing they were in romantic relationships and had sent “hundreds of thousands of dollars.” Secret Service agents provided details about a controlled delivery and Agbi’s subsequent interview.

Agbi was found guilty of several charges, including mail fraud (18 U.S.C. 1341), using a fictitious name to facilitate mail fraud (section 1342), conspiracy to commit mail fraud (1341, 1349), and conspiracy to commit money laundering (1956(a)(1), 1956(h). He was subsequently sentenced to 57 months in prison. The Seventh Circuit found that the evidence supporting each count was legally sufficient. Additionally, the district court’s decision to apply an obstruction of justice enhancement was deemed appropriate due to Agbi’s submission of a “fake” police report concerning threats against his family.

Affirmed.

Decided 10/18/23

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