The Lagos Command of the Economic and Financial Crimes Commission, EFCC, on February 7, 2023, presented its first prosecution witness, PW1, Ayotunde Solademi, a Foreign Service National Investigator for the Federal Bureau of Investigation, FBI, Office of the Legal Attache in the US Consulate in Nigeria, against one Kolawole Adedayo Erinle, who is facing trial over an alleged $1.4bn fraud, before Justice R.A. Oshodi of the Special Offences Court sitting in Ikeja, Lagos.
Erinle and his company, Rinde-Remdex Nigeria Limited, are being prosecuted on a three-count charge bordering on conspiracy, retention of proceeds of criminal conduct, and obtaining money under false pretence to the tune of $1,410,000 (One Million Four-Hundred and Ten Thousand United States Dollars).
Erinle is alleged to have defrauded the Kansas City University of Medicine and Biosciences, KCUMB, in the United States of about $1,412,509 USD.
They were previously arraigned before Justice Oluwatoyin Taiwo of the Special Offences Court sitting in Ikeja, Lagos, on March 11, 2022.
However, the trial could not continue before the retirement of Justice Taiwo, thereby prompting the re-assignment of the case to Justice Oshodi.
One of the counts reads: "Kolawole Adedayo Erinle and Edward Dada (still at large), sometime in 2019, at Lagos, within the jurisdiction of this Honourable Court, conspired to falsely represent yourselves as J.E. Dunn, a local construction company in America, with intent to gain monetary advantage in the sum of $1,410,000 (One Million Four-Hundred and Ten Thousand United States Dollars) by creating a fake domain name jedunn.org and thereby committed an offence contrary to Section 8 of the Advance Fee Fraud and Other Related Offences Act No 14, 2006."
Another count reads: "Kolawole Adedayo Erinle, Rinde-Remdex Nigeria Limited and Edward Dada (still at large), on or about the 3rd day of May 2019, at Lagos, within the jurisdiction of this Honourable Court, retain the control of $1,410,000 (One Million Four-Hundred and Ten Thousand United States Dollars) in your Access Bank account, which sum you knew to be proceeds of various internet and cybercrime."
He pleaded "not guilty" to the charges, when he was arraigned before Justice Oshodi on October 28, 2022.
At today’s proceedings, Solademi narrated how the first defendant was fingered in the alleged $1.41 million fraud involving the KCUMB.
Led in evidence by the prosecuting counsel, T.J. Banjo, he narrated how the university became a victim of spoofing-a form of cybercrime attack that targets businesses using forged sender address.
He said: "Sometime in 2019, the Kansas City University of Medicine and Biosciences, KCUMB, underwent a major construction project, with a construction company called J.E.Dunn in Kansas City.
"On the 4th of March 2019, the KCUMB made a wired transfer of approximately $1.41 million to an account that they believed belonged to J. E. Dunn.
"On the 27th of March 2019, J.E. Dunn contacted KCUMB, asking about the payment for the pending invoices, and KCUMB replied them that the payment had been made.
"And on the 28th of March 2019, J.E. Dunn confirmed that they did not receive payment.
"It was later found out by both parties that somebody changed the wire transfer details for J.E. Dunn, using a fake email domain jedunn.org; whereas, the real domain name for the construction company is jedunn.com.
"After this, the case was reported to the FBI.
"Investigation carried out by the FBI showed that the email account of J.E. Dunn's Chief Financial Officer was spoofed.
"Also, the wire transfer of $1.41 million made by KCUMB entered into a Bank of America (BoA) account, with account number ending with 6843 on 5th of March 2019.
"On that same day, somebody accessed that account and wired $850,000 to a Diamond Bank account (now Access Bank) ending with 4471.
"Next day, on the 6th of March 2019, somebody still accessed the same Bank of America account and wired $560,000 to the same Diamond Bank account in Nigeria."
According to him, the investigation showed that the BoA account had an account name, Edada Autoparts and Machinary Spareparts Inc, with an address in Texas.
He also told the court that the Nigerian end of the investigation traced the Diamond Bank account that the money was wired into to Rinde-Remdex Nigeria Limited, which belonged to the first defendant.
In his further testimony, he said: "It was also discovered that the name of the person who opened the Bank of America account is listed as Edward Dada.
"Further investigation also revealed that the address that was listed in the account opening package of the Bank of America account was a fake address, and nobody with the name Edward Dada as a resident in the United States."
According to him, further investigations in Nigeria also revealed that the owner of Rinde-Remdex Nigeria Limited was the first defendant.
He further told the court that “Also, it was discovered that the only transaction that took place in the Bank of America account is this particular transaction.
"The account was opened on 28th May 2018 and closed in May 2019, after this transactions had taken place."
He added that after all the findings, the FBI transferred a petition to the EFCC for further investigation.
Thereafter, he identified the said FBI petition to the EFCC.
There was no objection raised by Lawal Pedro, SAN, who represented the first and second defendants.
The petition, along with its attachment, was admitted in evidence as Exhibit A to A8.
Under cross-examination by Pedro, the witness affirmed that he did part of the investigation.
The case has been adjourned till February 10, 2023 for continuation of trial.
Media & Publicity
07/02/2023