United States v. Daniel

933 F.3d 370 (5th Cir. 2019)

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Nature of the Case

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Facts

Ds recruited U.S. citizens to marry Nigerian nationals so that the Nigerians could obtain legal immigration status. Citizenship and Immigration Services (CIS) officers Anna Lam and Marva Hebert reviewed the files for Daniel (D) and others and determined that their marriages were fraudulent. DHS Agent Ramon Oyegbola conducted a second investigation and agreed that the marriages were fraudulent. Alabi (D) was charged with two counts of aiding and abetting marriage fraud. Daniel (D) was charged with one count of marriage fraud. Andrews (D) was charged with one count of aiding and abetting marriage fraud, one count of theft of government money in violation of 18 U.S.C. § 641, and two counts of making false statements related to Supplemental Nutrition Assistance Program benefits. Ds were also charged with conspiracy to commit marriage fraud as well. Alabi (D) challenges the sufficiency of the evidence. He maintains that neither the testimony of Anisha Gable, another co-conspirator, nor the immigration agents' testimony, including the evidence of red flags indicative of marriage fraud that were present in Daniel's (D) marriage, supported that Alabi (D) intended to join the conspiracy or knew of Daniel's (D) and Andrews's (D) intent to evade the immigration laws. Alabi (D) contends that absent evidence he received money to introduce a U.S. citizen to a Nigerian for marriage purposes, the requisite intent is not shown.