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Man Pled Guilty to Bank Fraud then Withdrew Plea Now US Asks for 84 Months in Prison

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.

On June 20 the US Attorney's Office asked for 84 months on Adedayo John, set to be sentenced on June 25.

 The case is US v. John, et al., 21-cr-609 (Preska)


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