COURT FINDS OFFENCES COMMITTED BY A ROMANCE SCAM SYNDICATE EXTRADITABLE
Cape Town Magistrates Court has found the offences for which extradition is sought for alleged members of the Black Axe syndicate, are extraditable. The court also found that the certificate that was issued by the United States of America, binds the court and there was enough evidence to prosecute them. Perry Osagiede, Enorense Izevbiege, Franklin Edosa Osagiede, Osariemen Eric Clement, Collins Owhofasa Otughwor, Musa Mudashiru, Prince Ibeabuchi Mark and Toritseju Gabriel Otubu, were arrested and charged with wire fraud conspiracy in violation of Title 18, United States Code, Section (s)1349; wire fraud in violation of Title 18, United States Code, Section (s) 1343 and 2, money laundering conspiracy in violation of Title, United States Code Section(s) 1956(h) and aggravated identity theft in violation of Title 18, United States Code, Section(s) 1028A and 2.
The State alleges the respondents, working as a collective, would contact potential victims by email or reach out to them on social media, including online dating websites. Using false identities and representations, the respondents and their co-perpetrators would convince victims they were in romantic relationships with the online personas they fabricated, which often purport to be engineers and managers working on a project in South Africa. The respondents would then sway their victims to send money directly or to permit others to send money through their financial accounts, to South Africa.
The state is applying for the extradition of the accused, but they are challenging the application and documents forwarded to South Africa seeking their extradition to America. The case started on 28 January 2022, with all eight respondents appearing under one case number and represented by one set of legal representatives. They raised a point in limine regarding the admissibility and authentication of documents from the United States of America that the State is relying upon for the extradition application.
After strong arguments by Adv Robin Lewis and Senior State Lenro Badenhorst, the court ruled in favour of the State on 04 March 2022. After this ruling, Otubu applied to have his extradition hearing separated from the other respondents in the matter. That application was granted. He then applied for the court to make a ruling as to how the principle of double criminality is to be applied in this extradition hearing, being in terms of Section 3(2) of the Act and dealing with extradition to the United States of America. The court decided that since the ruling would affect other respondents, they should be allowed to address the court.
Dismissing their application, Magistrate Arntsen found that the offences of wire fraud conspiracy in violation of Title 18, United States Code, Section (s)1349; wire fraud in violation of Title 18, United States Code, Section (s) 1343 and 2, money laundering conspiracy in violation of Title, United States Code Section(s) 1956(h) and (4) aggravated identity theft in violation of Title 18, United States Code, Section(s) 1028A and 2, to be extraditable offence. In addition, she found that the certificate issued in terms of section 10(2) of the Extradition Act by the United States of America complies with the provisions of the Extradition Act and therefore binds her. Thus, in terms of the provisions of section 10(2) of the Extradition Act, the court found that there is sufficient evidence to prosecute the respondents in the requesting State.
The NPA welcomes the decision of the court and believes this is the first towards a successful extradition of the accused to the United States of America where they will face the charges preferred against them in that country. The extradition hearing against Osagiede and others will resume on 19 February 2024, while Otubu will return to court on 12 April 2024.
