Defendant Moved for Acquittal and New Trial
Post 4863
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Defendant Chiagoziem Kizito Okeke (“Okeke”) was charged with two counts: conspiracy to commit wire fraud and conspiracy to commit money laundering. He was convicted by a jury and moved the court for acquittal or a new trial in United States v. Chiagoziem Kizito Okeke, No. 4:21-CR-253(29), the United States District Court, E.D. Texas (August 21, 2024) ruled on the motion.
FACTS
The government charged Okeke participated in a multitude of fraudulent schemes to unlawfully obtain money from their victims, including online romance scams, business email compromise and investor fraud, healthcare and prescription fraud, and unemployment insurance fraud. Further it charged that Okeke, along with others, “did knowingly and willfully combine, conspire, confederate, and agree to commit wire fraud against the United States”. Additionally, the Second Superseding Indictment asserted that Okeke, along with others, not only coordinated how to receive money from victims, but also how to disguise, disburse, and launder that money once victims were defrauded.
Okeke orally moved for a judgment of acquittal after the United States rested. The Court denied Okeke’s oral motion. Following a thirteen-day jury trial, the jury returned its verdict and found Okeke guilty on both Count One and Count Two.
Motion for Acquittal
A Rule 29 motion for judgment of acquittal challenges the sufficiency of the evidence to convict. The issue is whether, viewing the evidence in the light most favorable to the verdict, a rational finder of fact could have found the essential elements of the offense charged beyond a reasonable doubt. The fact finder is free to choose among reasonable constructions of the evidence and it retains the sole authority to weigh any conflicting evidence and to evaluate the credibility of the witnesses.
Motion for New Trial
The court may vacate any judgment and grant a new trial if the interest of justice so requires. Generally, motions for new trial are disfavored and must be reviewed with great caution. A new trial is proper only where the defendant’s “substantial rights” have been harmed-either based on a single error or the cumulative effect of multiple errors.
ANALYSIS
Although the United States introduced several bank accounts belonging to Okeke at trial, he claimed that “no evidence [was] presented to the jury that any money from any victim entered his bank accounts.” Further, Okeke asserts that no text messages or WhatsApp chats “prove[d] beyond a reasonable doubt that he had an agreement with his brother or anyone else to commit wire fraud.” Additionally, Okeke contended that two witnesses (and co-defendants) for the United States, testified that Okeke did not commit any illegal activity. Finally, Okeke stated that he testified in his own defense, as a credible witness, that he did not agree (with anyone) “to commit the offense of wire fraud”.
The United States presented evidence regarding the discrepancy between Okeke’s total net bank deposits and income reported to the Internal Revenue Service. The Court found that the evidence presented was sufficient to support the guilty verdict. Okeke’s motion argued that the evidence presented does not establish beyond a reasonable doubt a scheme to defraud and a specific intent to defraud. Viewing the evidence in the light most favorable to the verdict, the Court determined that the jury could find Okeke guilty based on the evidence presented.
The United States claimed that a new trial was not appropriate for several reasons. The United States claims that it consistently and diligently provided discovery pursuant to its obligations.
The Court’s denial of Okeke’s motion for continuance does not warrant a new trial because Okeke has not shown that he experienced a specific and compelling or serious prejudice. A claim of prejudice to a party from the denial of a motion for continuance requires specific contentions of prejudice.
Although Okeke claims that he experienced “irreparable harm” from his inability to formulate a defense he has not identified any specific defensive measures he would have taken. Okeke has not offered specific contentions of prejudice from the Court’s denial of his motion for continuance.
It was therefore ORDERED that Defendant’s Motion for Acquittal and Motion for New Trial were denied.
ZALMA OPINION
Fraud perpetrators, by definition, have chutzpah (unmitigated gall) and cannot believe they were arrested, let alone taken to trial and verdict. The jury convicted him on all counts charged and, with the money obtained from his fraud, moved the court to set aside the verdict of the jury. Fraud hurting the elderly as well as insurers deserves a sentence that requires time in prison and restitution of the victims of his crimes.
(c) 2024 Barry Zalma & ClaimSchool, Inc.
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Happy Law Day
ZIFL – Volume 30, Issue 9 – May 1, 2026
Read the full article at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-may-1-2026-barry-zalma-esq-cfe-2tywc, see the video at at and at https://zalma.com/blog plus more than 5300 posts.
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
ZIFL – Volume 30, Issue 9 – May 1, 2026
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year and is written by Barry Zalma.
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American Abalone Farms, LLC ("American Abalone" ) operates an aquaculture farm in Santa Cruz County, California, raising abalone in tanks. In August 2020, the CZU Lightning Complex Fires led to a prolonged power outage and road closures near the farm. As a result, the farm’s water pumps failed, causing the death of most of the ...
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Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
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BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
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It is Fraud to Make the Same Claim Twice
Read the full article at https://www.linkedin.com/pulse/fraud-make-same-claim-twice-barry-zalma-esq-cfe-c4g8c and at https://zalma.com/blog.
Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
What Must be Done after Notice of a Claim is Received by the Insurer
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A first party property policy does not insure property: it insures a person, partnership, corporation or other entity against the risk of loss of the property. Before an insured can make a claim for indemnity under a policy of first party property insurance the insured must prove that there was damage to property the risk of loss of which was insured by the policy. The obligation imposed on the insured ...