A United States court has dismissed the case against Olalekan Ponle, a Nigerian accused of multi-million dollar wire fraud.
Mr. Ponle, popularly known as Woodberry, was arrested, alongside Ramon Abbas (Hushpuppi) in the United Arab Emirates on June 10 for multiple fraud charges after a raid by operatives of the Dubai crime unit.
The duo was extradited to the U.S. on July 2.
According to the complaint against Mr. Ponle, an unnamed Chicago company was tricked into sending wire transfers totaling $15.2 million. Companies based in Iowa, Kansas, Michigan, New York and California also were victims of the fraud, prosecutors say.
PREMIUM TIMES reported how the Federal Bureau of Investigation (FBI) nabbed Mr Ponle through details accessed from his WhatsApp, iPhone, and Bitcoin transactions. He was extradited to the United States on July 2.
The 29-year-old was facing charges bordering on wire fraud conspiracy at a United States District Court in Illinois.
In fact, a report of the grand jury, a group of lawyers empowered to conduct legal proceedings and investigate potential criminal conduct, indicted him.
The jury summed up the allegations against him to an eight-count charge of wire fraud, which violates section 1343 of the United States Codes.
The United States government on Monday filed a motion through its attorney, John R. Lausch, requesting that the case against Mr Ponle should be dismissed without prejudice.
“Counsel for the government has spoken with counsel for the defendant and defendant’s
counsel has no objection to this motion.
Respectfully submitted,” Mr Lausch stated.
He said it is in pursuant with Federal Rules of Criminal Procedure 48, which states that the government may, with leave of court, dismiss an indictment, information, or complaint.
Also, the government may not dismiss the prosecution during trial without the defendant’s consent.
A court order issued by Judge Robert W. Gettleman on Tuesday, said the government’s motion to dismiss complaint without prejudice was granted.
“Without objection the complaint against defendant Ponle is dismissed without prejudice. Motion presentment hearing set for 7/23/2020 is stricken,” Mr Gettleman ruled.
When a case is dismissed with prejudice, it is over and done with, once and for all, and can’t be brought back to court.
However, when it is dismissed without prejudice, like in the case of Mr Ponle, the dismissal is temporary as the prosecutor can refile the case within a certain period of time.
The probable causes of dismissal range from unavailability of sufficient evidence, an improper criminal complaint or charging document, to loss of evidence necessary to prove the defendant committed the crime.
While PREMIUM TIMES is yet to obtain the reason for the dismissal against Mr Ponle, there are indications that the prosecutor will re-file a case against him.
He is yet to be released from detention at the time of this report.
Reactions to Woodberry Release
What are the basis for dismissing the Fraud Charges against #woodberry ?
These United States people just deceive us in movies and make it look like their justice system is infallible meanwhile in real life it is just an updated version of Nigerian Corrupt System. pic.twitter.com/XntLPhdNgD— DR.PENKING™ (@drpenking) July 24, 2020
You hear #woodberry is been released and you dey act surprise. "Ah yu normal"
Don't you know that money stop nonsense? pic.twitter.com/GaRtzpa5JI— #HolyHoly (@gossip_afrik) July 24, 2020
If Woodberry is really coming home then it only means one thing : n!gga is singing to them the 6ix9ine way ????????????. #BBNaijia #woodberry
— Martinz Anumene (@imartinsanumene) July 24, 2020
#woodberry must have snitched. Dude must have signed a plea bargain with feds. He wasn't the one they wanted. They will just use him to build their case against the baby dog.
— 'Aba (@IAmMuphasa) July 24, 2020
Woodberry’s herbalist is really strong ha they have released him, yahoo boys have a good example now pic.twitter.com/hxPou6kAsb
— Hawtt_coco ❤️❤️PH (@coco_hawtt) July 23, 2020
????Victory for cybercrime.#woodberry pic.twitter.com/t8zFYL3ybI
— Human Being.™️ (@kelvin_wonodi) July 23, 2020
Woodberry has definitely gone the 6ix9ine way, all charges against him about to be dropped, he is about to be a free man.
Hushpuppi might follow.— ZEUS (@itzbasito) July 23, 2020
People that wished Woodberry bad before will start congratulating him,just watch out. Truly if they are out then they just legalized fraud in every way.#NengiCamePrepared #hushpuppy https://t.co/RaBgvoqXAd
— OMOJIATE EKPUKHON✪❄️????️ (@_Omojiate) July 23, 2020
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