A Nigerian citizen, Omoefe Okoro, accused of defrauding law firms and lawyers out of over $30 million has won a dismissal of charges against him in the U.S. U.S. District Judge Jennifer P. Wilson of the Middle District of Pennsylvania ordered the dismissal of charges in a March 31 decision. Judge Wilson ruled that violating Okoro’s Sixth Amendment right to a speedy trial required dismissal.
Okoro was indicted in 2012 on mail and wire fraud, conspiracy to commit mail and wire fraud, and conspiracy to commit money laundering. At the time of the indictment, he was living in Canada. Okoro was arrested in February 2017 after being charged with defrauding law firms and lawyers in the U.S.
After unsuccessfully challenging his extradition, Okoro arrived in the U.S. and made his initial appearance in August 2018. He was ordered to be detained pending trial. Okoro filed his fourth motion to dismiss the case which led to the order of dismissal.
In her ruling, Judge Wilson acknowledged that the “cumbersome and lengthy” extradition process accounted for the delays from indictment until arraignment. She noted that the delay should not be attributed to Okoro or the government. She also evaluated other delays, including continuances early in the COVID-19 pandemic, and attributed some to Okoro, some to the government, and many to neither side.
Trust BCG Attorney Search to connect you with top legal employers in your area. Search now!
Judge Wilson noted that the length of the delay was extraordinary and presumptively prejudicial. She wrote that Okoro’s pretrial detention, which was oppressive, contributed to his impairment to defend the indictment due to the extraordinary passage of time. The court found that Okoro had suffered specific and general prejudice due to his detention.
During his detention, Okoro developed a lump in his nose and throat, making it difficult to swallow. He attributed his increasing congestion to the constant fog of synthetic marijuana in prison, which caused him to wake up at night gasping for air. He also contracted COVID-19 in prison, and his blood pressure worsened. Okoro has not been able to see his wife and son because they live in Canada and are not U.S. citizens.
Okoro’s lawyer, Kenneth Wesley Mishoe, said his client was released after Wilson’s decision. Mishoe expressed hope that the ruling would breathe new life into the Sixth Amendment right to a speedy trial, regardless of whether the government appeals.
In conclusion, Okoro’s case highlights the importance of the speedy trial rule in protecting defendants’ rights to a fair trial. The delay in Okoro’s case, which was attributed to the cumbersome extradition process and other factors, violated his right to a speedy trial. While the court acknowledged that some delays were due to Okoro and the government, most were neutral. The court’s decision to dismiss the charges against Okoro reminds prosecutors and courts to ensure that defendants’ rights to a speedy trial are protected.