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Nigerian appeals 6-year sentence in massive tax fraud By Nick Morgan Posted Apr 25, 2018 at 4:32 PM Updated Apr 25, 2018 at 4:32 PM A Nigerian national in prison for his role in a tax-fraud scheme that caused $11 million in losses, largely to Oregonians, has filed an appeal from federal prison, arguing he had ineffective counsel based on an accomplice's 9-percent shorter sentence. Oluwaseunara Temitope Osanyinbi, sentenced to six years in U.S. District Court in Medford for mail fraud, wire fraud, aggravated identity theft and conspiracy, claims his public defender's performance "fell well below the standard of reasonable representation," because one of his five fellow Nigerian nationals convicted in the case got a sentence shorter by 7 months, despite close to triple the $876,161 in losses attributed to Osanyinbi. Osanyinbi is one of five Nigerian nationals convicted in the scheme. Osanyinbi and two others have been sent to prison, two await sentencing, and an American citizen accused of purchasing and cashing prepaid debit cards has pending charges. In the typewritten appeal he filed himself last month from a low-security correctional institution in Allenwood, Pennsylvania, Osanyinbi said co-defendant Lateef Aina Animawun was culpable for $2.34 million, which Osanyinbi used as evidence of an "unwarranted sentence disparity." In a response filed Tuesday, U.S. attorneys countered that loss amounts are "but one factor a court considers in crafting an individualized sentence," before highlighting other factors that led to Osanyinbi's 72-month prison sentence. At his May 18, 2017, sentencing, federal prosecutors argued that Osanyinbi had more than 35,000 stolen identities in his email and instant messaging accounts, including 18,567 victims taken by a Vietnamese hacker from Lincoln City, Oregon-based CICS Employment Services. Further, Osanyinbi wired to Nigeria $433,773.84 over 457 transfers, and investigators found more than $11,000 in money orders in his home. Osanyinbi came to the United States on a student visa in 2013 and eventually paid a woman $4,500 for a sham marriage for permanent residency, according to earlier news reports. Eugene-based lawyer Lauren Regan, who represented Osanyinbi until his sentencing, had argued that her client was "the least culpable among his co-defendants," according to court documents filed by U.S. attorneys; however, U.S. District Judge Ann Aiken determined that Osanyinbi's level of participation was "not substantially less culpable." Prosecutors also argued that the deadline has passed for Osanyinbi, saying he "expressly waived his right to appeal his case and he received a sentence consistent with what he bargained for." Terms of his negotiated plea deal allowed a 14-day window in which to appeal his sentence. A detailed brief filed by Regan lists multiple instances in which she advised Osanyinbi of his appeal rights. Another Nigerian national convicted in the scheme is awaiting sentencing in the case, which started when a Medford couple alerted the IRS to fabricated tax returns using their information in 2014. Ringleader Emmanuel Oluwatosin Kazeem, 35, is set to be sentenced June 19 in U.S. District Court in Eugene. He remains lodged in the Jackson County Jail without bail after a jury found him guilty of multiple wire fraud and aggravated identity theft counts last August. Michael Oluwasegun Kazeem, who testified against his older brother at trial, was sentenced to 7 years for his role in the fraud ring in November. Oluwamuyiwa Abolad Olawoye, 32, also held at the Jackson County Jail, is scheduled to be sentenced April 30 in Eugene. Curtis S. Pethley of Madison, Wisconsin, made his initial appearance in March on mail fraud, aggravated identity theft and conspiracy charges accusing him of purchasing and loading prepaid debit cards with ill-gotten funds before sending them to Nigeria. His next court appearance is set for May 29. Reach Mail Tribune reporter Nick Morgan at 541-776-4471 or [email protected] . Follow him on Twitter at @MTCrimeBeat . Most Popular Medford gun supporters prepare for ballot showdown Apr 21 at 5:04 PM Police: Cat killed during fight between couple Apr 19 at 6:36 PM A long view of home Apr 19 at 6:56 PM Nathan "Nate" Allen Joling Apr 25 at 8:51 AM Letters to the Editor, April 21 Apr 23 at 7:31 AM Woman charged in $7,000 Victoria's Secret underwear theft Apr 20 at 4:58 PM Man sentenced for raping, assaulting wife Apr 20 at 7:14 AM Roller Derby benefits kids battling cancer Apr 20 at 5:32 PM Driver who struck bulls must pay $23,268 Apr 24 at 7:16 AM Data breach or 'bogeyman'? Apr 23 at 7:32 AM Motorcyclist killed in east Medford crash Apr 23 at 9:02 AM Medford Sears weathers the retail storm Apr 23 at 4:43 PM © Copyright 2006-2018 Rosebud Media LLC. All rights reserved. Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com ~ P.O. Box 1108, Medford, OR 97501