FBI 10 Most Wanted Will Serve Fewer than 5 Years for Conspiracy to Commit Bank Fraud , Conspiracy to Commit Money Laundering & Computer Fraud
Alexandria, Virginia | Federal Criminal Defense Attorney Case Result
U.S. District Court for the Eastern District of Virginia, Alexandria
Federal criminal defense attorney Marina Medvin successfully represented a defendant on the FBI’s Top 10 Most Wanted list for Cyber Crime, who was indicted on 14 federal felony charges, including:
Conspiracy to Commit Bank Fraud – 18 U.S.C. § 1349
Conspiracy to Commit Money Laundering – 18 U.S.C. § 1956(h)
Computer Fraud – 18 U.S.C. § 1030
Access Device Fraud – 18 U.S.C. § 1029
Aggravated Identity Theft – 18 U.S.C. § 1028A
Wire Fraud – 18 U.S.C. § 1343
According to the FBI Affidavit, between the scale of the operation and multiple victims with high-balance HELOCs, the total intended loss of the conspiracy could have exceeded $40 million.
Following attorney negotiations, the charges were reduced to:
Conspiracy to Commit Bank Fraud (18 U.S.C. § 1349)
Conspiracy to Commit Money Laundering (18 U.S.C. § 1956)
Computer Fraud (18 U.S.C. § 1030)
Despite the government’s position and sentencing guidelines calling for 30 years to life in prison, Attorney Medvin successfully argued for a downward departure at sentencing. The Court agreed and sentenced Mr. Onwuhara to only 5 years and 10 months in federal prison.
Under federal sentencing rules, only 85% of this sentence is required to be served, resulting in less than 5 years of actual incarceration. With acceptance into the Residential Drug Abuse Program (RDAP), the sentence will be further reduced by an additional year.
Although the Court found Mr. Onwuhara played a leadership role in the conspiracy, he received a shorter sentence than several of his co-conspirators due to the strategic and effective defense presented.
Prior to being charged, the FBI was was offering a $25,000 reward for his capture. According to the FBI:
Our investigation of Onwuhara’s scheme—which involved hundreds of victims nationwide, attempts to steal more than $38 million, and losses of $13 million—began in late 2007 after we received a complaint from a Washington, D.C.-area victim. We were ultimately able to identify and gather evidence against Onwuhara and his crew, and federal charges were handed down in August 2008. After he fled the U.S., ongoing international law enforcement efforts continued until December 2012, when he was located in Sydney, arrested by the Australian National Police, and returned to this country.
Tobechi Onwuhara, ringleader of $40 million scam, nabbed overseas
America’s Most Wanted: Tobechi Onwuhara
