A US-based attorney has analysed the indictment against Air Peace boss, Allen Onyema and Ejiroghene Eghagha and clearly stated that the case is based on two sticking points, which does not involve a jail term unlike the self-serving distractions that claims of 105 years of jail term if he was found guilty.
In his account, the US-based attorney, Mr Ken Orji, stated that there will be only fine for infractions just like Donald Trump did recently on similar case.
Below is the sticking points and conclusions by the attorney
He said: I’d like to focus on the indictment and not speculate, even though all these appear to have been orchestrated from haters and detractors in Nigeria.
There are basically two sticking points the US tried to put out:
1. That he commingled charitable or non-profit organizations’ money.
Here, Mr Onyema and co-offender were accused of using money from his charity organisations to finance expenses in his commercial airline, Air Peace, which is an infraction. This is basically because the money for charity is solely for charitable or non-profits purposes and not for profitable purposes, which his airline is for.
2. That he used his US registered limited liability companies to sell to another Air Peace and made money, which ought to have been taxed. Not sure he paid any taxes.
The transfers from the charitable accounts are illegal and he will be fined for it. Like I posted earlier, President Trump used money he raised from charitable contributions to buy art works and fund his hotel operations. He recently settled with New York AG and paid $2 million fine.
NO JAIL TERM:
It’s essentially a civil infraction and does not require any jail term.
The letters of credit request from Fidelity to Wells Fargo and JP Morgan are normal. These clearly showed the sources of the funds and would not stick as criminal charges in the Courts. It’s a kitchen sink strategy that piles on the heat but will generate zero fire.
The big one is that Allen bought the planes and resold them to Air Peace while building in $2 million profits on the sales. Because Allen may not have paid any taxes on those, the US will argue that those gains were laundered money. There are about $6 million of those and they will likely be forfeited.
Having written all these, the allegations in the indictment are all clearly very civil in nature and Allen’s legal team will be able to quickly reach a settlement.
$6 million of those mark-ups sold to Air Peace will be taxed with statutory penalties. There will be a fine for commingling the charitable organizations’ money. There will be civil penalties for not paying those assumed taxes in the year those deals were executed.
That $14 million will not come back to Allen, but he is not going to jail.
KEN ORJI ESQ
(Is a United States-Based Attorney)
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