UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Criminal Action No. 18-251 (BAH) KELVIN OTUNYO, Chief Judge Beryl A. Howell Defendant. MEMORANDUM OPINION Almost twenty months ago, at the time of his arrest and initial appearance, in August 2018, on initial charges of Bank Fraud and Aggravated Identity Theft, in violation of 18 U.S.C. §§ 1344(2) and 1028A(a)(1), defendant Kelvin Otunyo—a Nigerian citizen with a prior felony conviction and no legal status in the United States—conceded detention, without written findings. Min. Entry (Aug. 31, 2018); see also Def.’s Reply to Gov’t’s Opp’n to Def.’s Mot. (“Def.’s First Reply”) at 2, ECF No. 32 (acknowledging that defendant had “conceded detention and waived written findings in this case”). Now, he has filed an Emergency Motion for Release from Custody Due to Immediate Threat Posed by COVID-19 Pandemic (“Def.’s Mot.”), ECF No. 30, and asks the Court to “reconsider [the detention] decision pursuant to 18 U.S.C. § 3142, and . . . issue written findings,” Def.’s First Reply at 2, but never specifies the precise subsection of § 3142 on which he relies, see generally Def.’s Mot. Based upon the findings set out below, the Court concludes, after consideration of the record, arguments presented by the parties in their submissions both before and after a hearing held on April 20, 2020, as well as the factors enumerated in 18 U.S.C. § 3142(g), that no condition or combination of conditions will 1 reasonably assure defendant’s appearance as required and the safety of the community.1 Consequently, defendant must be detained under 18 U.S.C. § 3142(e)(1). Further, temporary release, under 18 U.S.C. § 3142(i), should not be permitted, despite the current circumstances presented by the ongoing COVID-19 pandemic, nor do defendant’s constitutional claims require his release. Defendant’s motion is therefore denied. I. BACKGROUND Defendant currently faces five charges for Bank Fraud (Counts One and Two), Aggravated Identity Theft (Count Three), and Conspiracy to Launder Monetary Instruments (Counts Four and Five), in violation of 18 U.S.C. §§ 1344(2), 1028A(a)(1), 1956(a)(1)(B)(i), (h), and 1957. Superseding Indictment, ECF No. 17. As alleged in the Superseding Indictment, during the period of about August 2017 through July 2018, just shortly before his arrest, defendant engaged in multiple criminal schemes using sophisticated means and at least nine co- conspirators, who were allegedly recruited and instructed by defendant, to assist in stealing money from multiple victims. Specifically, for the bank fraud and aggravated identity theft charges, in Counts One through Three, the government alleges that, from about May to July 31, 2018, defendant recruited and supervised Person A in establishing a false identity, complete with a fraudulent driver’s license and stolen Social Security Number from an identity theft victim, to create two fraudulent shell companies named “Contract Supply LLC” and “O-I Packaging Solutions LLC,” open corresponding bank accounts, and deposit, on July 30, 2018, a stolen check in the amount of $34,957.50 payable to “Contract Supply” into the account of the shell 1 Following the hearing on ...
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