NOT RECOMMENDED FOR PUBLICATION File Name: 24a0123n.06
No. 23-3077
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Mar 15, 2024 ) KELLY L. STEPHENS, Clerk UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE NORTHERN BLESSING ADELEKE aka Blessing Raymond ) DISTRICT OF OHIO aka Puri Johannes, ) ) OPINION Defendant-Appellant. )
Before: GRIFFIN, THAPAR, and NALBANDIAN, Circuit Judges.
GRIFFIN, Circuit Judge.
Defendant Blessing Adeleke engaged in a multitude of identity-theft schemes. A jury
convicted him of sixteen counts of bank fraud and one count of conspiracy to commit bank fraud.
He appeals his convictions, arguing that the district court improperly allowed an FBI agent to
testify as an expert witness and that there was insufficient evidence to convict him. We affirm.
I.
Adeleke’s criminal activity occurred under online usernames “DetecteD” and
“DetectedBits” (collectively “DetecteD”). While using the DetecteD alias, and with the help of
codefendant Kylie Harlow and her friend Carley Reading, Adeleke orchestrated several schemes
that utilized stolen personally identifiable information to purchase and resell consumer products
and engage in check fraud. Relevant to this appeal is an instance concerning how they cashed
checks written against an unknowing victim’s account—Adeleke mailed four fraudulently gained No. 23-3077, United States v. Adeleke
checks (two each to Harlow and Reading) with instructions for them to cash the checks and send
him some or all of the proceeds. The check scheme was only partially successful because some
checks bounced. All told, Harlow and Reading worked with Adeleke (whom they knew only as
DetecteD) for about six months.
Law enforcement connected Adeleke to the DetecteD alias through a series of online
accounts. The first account law enforcement discovered was a Facebook profile that
communicated with Reading and Harlow. The account frequently trafficked in personally
identifiable information, and law enforcement discovered through Facebook’s records that the
account was linked to a Gmail account: detectedbits@gmail.com. That Gmail account also
trafficked in personally identifiable information and was associated with two other email accounts
bearing Adeleke’s name: blessingadeleke@gmail.com and blessing_adeleke@ymail.com. In
turn, the Ymail account connected to a different Facebook account for “Raymond Blessing.” That
Facebook account provided the link to Adeleke—it discussed Adeleke’s travel information (and
defense counsel conceded at trial that it was his account).1
A grand jury indicted Adeleke for one count of conspiracy to commit bank fraud, 18 U.S.C.
§ 1349, and sixteen counts of bank fraud, 18 U.S.C. § 1344. The sixteen bank-fraud counts were
all based on attempted transfers from a single KeyBank checking account on the same day and for
similar amounts of money. Four of those transfers were the checks to Harlow and Reading. A
jury convicted Adeleke on all counts, and the district court sentenced him to 37 months’
imprisonment and five years of supervised release. This appeal followed.
1 Other ties between these accounts further linked Adeleke and DetecteD. The same SMS number—a number that receives messages—was used for the Gmail account and the Raymond Blessing Facebook account. And both Facebook accounts used the same IP address within three minutes of each other, establishing that they were accessed from the same location or device. -2- No. 23-3077, United States v. Adeleke
II.
Adeleke’s first issue on appeal concerns FBI Agent Monica Hantz’s testimony. He argues
that the district court did not follow the proper procedures before allowing her to testify as an
expert, and he contends that she was not qualified to provide expert testimony about the business
practices of Google, Yahoo, and Facebook. We will reverse only if the district court abused its
discretion by admitting Hantz’s testimony and the error was not harmless. United States v. Jaffal,
79 F.4th 582, 602 (6th Cir. 2023).
A.
We begin with the procedural argument. Adeleke filed a motion in limine before trial to
prevent Hantz from testifying as an expert witness under Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993). The morning that trial began, the district court told
the parties it would not rule on that motion until Hantz started to testify, but that it was “inclined”
to deny Adeleke’s motion. Even so, the district court stated that, “[i]f requested,” it would hold
“a Daubert hearing immediately before [Hantz’s] testimony.” When Hantz testified, defense
counsel “renew[ed his] objection in limine” without elaboration or a request for a Daubert hearing.
Without explicitly ruling on the objection, the district court allowed Hantz’s testimony to continue
and gave a limiting instruction to the jury, explaining how the jury should weigh fact and opinion
testimony and that the jury did not “have to accept the opinion evidence.”
Adeleke argues that this procedure was improper under United States v. Johnson, 488 F.3d
690, 697–98 (6th Cir. 2007). There, we cautioned that judges should not “declare” before the jury
that a witness is an expert because doing so could improperly sway the jury’s perception of the
witness. Id. We explained that the district court should instead allow “the proponent of the
witness” to “pose qualifying and foundational questions and proceed to elicit opinion testimony,”
-3- No. 23-3077, United States v. Adeleke
and, if the opponent objects, allow for voir dire questioning “if necessary and requested” and then
rule on the objection. Id. at 698. But given the circumstances here, Johnson does not require
reversal.
To begin, the district court never referred to Hantz as an expert witness before the jury.
Indeed, defense counsel was the only party to refer to Hantz having any “expertise.” Furthermore,
both parties had the opportunity to explore Hantz’s qualifications. In addition to probing her
qualifications through defendant’s pretrial motion and the government’s response, at trial, the
prosecutor asked Hantz about her education and work history and defense counsel had the
opportunity to cross-examine her about those qualifications. And most importantly, defense
counsel never asked for a Daubert hearing despite the district court offering to hold the hearing if
requested when Hantz testified. So, under Johnson, the district court was not required to give
defense counsel an opportunity to ask Hantz voir dire questions. Id. at 697–98.
B.
Adeleke next argues that Hantz was not qualified to provide expert testimony because she
never worked for Google, Facebook, or Yahoo, had insufficient experience relating to those
companies, and therefore could not demonstrate she knew how they kept their records or that she
knew their business practices. Federal Rule of Evidence 702 governs the admission of expert
testimony. We have long held that “[l]aw enforcement officers may testify concerning the methods
Free access — add to your briefcase to read the full text and ask questions with AI
NOT RECOMMENDED FOR PUBLICATION File Name: 24a0123n.06
No. 23-3077
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Mar 15, 2024 ) KELLY L. STEPHENS, Clerk UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE NORTHERN BLESSING ADELEKE aka Blessing Raymond ) DISTRICT OF OHIO aka Puri Johannes, ) ) OPINION Defendant-Appellant. )
Before: GRIFFIN, THAPAR, and NALBANDIAN, Circuit Judges.
GRIFFIN, Circuit Judge.
Defendant Blessing Adeleke engaged in a multitude of identity-theft schemes. A jury
convicted him of sixteen counts of bank fraud and one count of conspiracy to commit bank fraud.
He appeals his convictions, arguing that the district court improperly allowed an FBI agent to
testify as an expert witness and that there was insufficient evidence to convict him. We affirm.
I.
Adeleke’s criminal activity occurred under online usernames “DetecteD” and
“DetectedBits” (collectively “DetecteD”). While using the DetecteD alias, and with the help of
codefendant Kylie Harlow and her friend Carley Reading, Adeleke orchestrated several schemes
that utilized stolen personally identifiable information to purchase and resell consumer products
and engage in check fraud. Relevant to this appeal is an instance concerning how they cashed
checks written against an unknowing victim’s account—Adeleke mailed four fraudulently gained No. 23-3077, United States v. Adeleke
checks (two each to Harlow and Reading) with instructions for them to cash the checks and send
him some or all of the proceeds. The check scheme was only partially successful because some
checks bounced. All told, Harlow and Reading worked with Adeleke (whom they knew only as
DetecteD) for about six months.
Law enforcement connected Adeleke to the DetecteD alias through a series of online
accounts. The first account law enforcement discovered was a Facebook profile that
communicated with Reading and Harlow. The account frequently trafficked in personally
identifiable information, and law enforcement discovered through Facebook’s records that the
account was linked to a Gmail account: detectedbits@gmail.com. That Gmail account also
trafficked in personally identifiable information and was associated with two other email accounts
bearing Adeleke’s name: blessingadeleke@gmail.com and blessing_adeleke@ymail.com. In
turn, the Ymail account connected to a different Facebook account for “Raymond Blessing.” That
Facebook account provided the link to Adeleke—it discussed Adeleke’s travel information (and
defense counsel conceded at trial that it was his account).1
A grand jury indicted Adeleke for one count of conspiracy to commit bank fraud, 18 U.S.C.
§ 1349, and sixteen counts of bank fraud, 18 U.S.C. § 1344. The sixteen bank-fraud counts were
all based on attempted transfers from a single KeyBank checking account on the same day and for
similar amounts of money. Four of those transfers were the checks to Harlow and Reading. A
jury convicted Adeleke on all counts, and the district court sentenced him to 37 months’
imprisonment and five years of supervised release. This appeal followed.
1 Other ties between these accounts further linked Adeleke and DetecteD. The same SMS number—a number that receives messages—was used for the Gmail account and the Raymond Blessing Facebook account. And both Facebook accounts used the same IP address within three minutes of each other, establishing that they were accessed from the same location or device. -2- No. 23-3077, United States v. Adeleke
II.
Adeleke’s first issue on appeal concerns FBI Agent Monica Hantz’s testimony. He argues
that the district court did not follow the proper procedures before allowing her to testify as an
expert, and he contends that she was not qualified to provide expert testimony about the business
practices of Google, Yahoo, and Facebook. We will reverse only if the district court abused its
discretion by admitting Hantz’s testimony and the error was not harmless. United States v. Jaffal,
79 F.4th 582, 602 (6th Cir. 2023).
A.
We begin with the procedural argument. Adeleke filed a motion in limine before trial to
prevent Hantz from testifying as an expert witness under Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993). The morning that trial began, the district court told
the parties it would not rule on that motion until Hantz started to testify, but that it was “inclined”
to deny Adeleke’s motion. Even so, the district court stated that, “[i]f requested,” it would hold
“a Daubert hearing immediately before [Hantz’s] testimony.” When Hantz testified, defense
counsel “renew[ed his] objection in limine” without elaboration or a request for a Daubert hearing.
Without explicitly ruling on the objection, the district court allowed Hantz’s testimony to continue
and gave a limiting instruction to the jury, explaining how the jury should weigh fact and opinion
testimony and that the jury did not “have to accept the opinion evidence.”
Adeleke argues that this procedure was improper under United States v. Johnson, 488 F.3d
690, 697–98 (6th Cir. 2007). There, we cautioned that judges should not “declare” before the jury
that a witness is an expert because doing so could improperly sway the jury’s perception of the
witness. Id. We explained that the district court should instead allow “the proponent of the
witness” to “pose qualifying and foundational questions and proceed to elicit opinion testimony,”
-3- No. 23-3077, United States v. Adeleke
and, if the opponent objects, allow for voir dire questioning “if necessary and requested” and then
rule on the objection. Id. at 698. But given the circumstances here, Johnson does not require
reversal.
To begin, the district court never referred to Hantz as an expert witness before the jury.
Indeed, defense counsel was the only party to refer to Hantz having any “expertise.” Furthermore,
both parties had the opportunity to explore Hantz’s qualifications. In addition to probing her
qualifications through defendant’s pretrial motion and the government’s response, at trial, the
prosecutor asked Hantz about her education and work history and defense counsel had the
opportunity to cross-examine her about those qualifications. And most importantly, defense
counsel never asked for a Daubert hearing despite the district court offering to hold the hearing if
requested when Hantz testified. So, under Johnson, the district court was not required to give
defense counsel an opportunity to ask Hantz voir dire questions. Id. at 697–98.
B.
Adeleke next argues that Hantz was not qualified to provide expert testimony because she
never worked for Google, Facebook, or Yahoo, had insufficient experience relating to those
companies, and therefore could not demonstrate she knew how they kept their records or that she
knew their business practices. Federal Rule of Evidence 702 governs the admission of expert
testimony. We have long held that “[l]aw enforcement officers may testify concerning the methods
and techniques employed in an area of criminal activity” because “[k]nowledge of such activity is
generally beyond the understanding of the average layman.” United States v. Pearce, 912 F.2d
159, 163 (6th Cir. 1990) (internal quotation marks omitted). “Our court regularly allows” such
testimony from “qualified law enforcement personnel” if “appropriate cautionary instructions are
given.” United States v. Swafford, 385 F.3d 1026, 1030 (6th Cir. 2004) (citation omitted); see
-4- No. 23-3077, United States v. Adeleke
also, e.g., Dunnican, 961 F.3d at 875–76 (explaining that courts “overwhelmingly” allow police
officers to testify as experts in areas “not within the experience of the average juror” like “drug
dealing”) (citation omitted).
Hantz was qualified to give expert testimony in this case. She explained that she holds an
undergraduate degree in computer science, worked as a computer programmer for about four years
before becoming an FBI agent, had been an FBI agent for ten years, and focused her investigations
on “computer intrusion” and “cyber criminal activities.” These credentials provided Hantz with
ample experience to testify in general about topics such as Adeleke’s criminal schemes and the
connections between Adeleke’s various accounts.
As for Adeleke’s argument regarding Hantz’s lack of specific qualifications concerning
Google, Yahoo, or Facebook, Hantz’s testimony did not require such specific expertise. Though
she testified about records from those companies, her testimony was limited to those records’
significance to her investigation and how they showed connections between the accounts.
Adeleke’s counsel had “[n]o objection” to the admission of the records themselves, and no special
expertise—beyond Hantz’s extensive cyber-crime-investigation credentials and experience—was
needed to testify about the various connections between the Facebook, Google, and Yahoo
accounts. Hantz did not opine about the technical details of how these companies stored specific
recovery email addresses, SMS numbers, or other profile information; rather, she explained the
connections she drew based on the records’ data.
What is more, the closest Hantz came to testifying about her knowledge of the companies’
business practices was in response to a question by defense counsel about her knowledge of how
Google and Yahoo “work.” Hantz did not claim to have intimate knowledge of those companies’
business practices, admitting that she possessed merely “general” knowledge. Defense counsel
-5- No. 23-3077, United States v. Adeleke
then asked a series of questions about Google, Yahoo, and Facebook. To the extent Adeleke takes
issue with Hantz’s revelation of her “general” knowledge of these companies in response to
defense counsel’s cross-examination questions, any error on that basis was invited by defense
counsel. See, e.g., United States v. Ramer, 883 F.3d 659, 677 (6th Cir. 2018) (holding that a
challenged statement elicited on cross-examination was invited error).
For these reasons, we discern no evidentiary error concerning Hantz’s testimony meriting
III.
Adeleke’s second issue on appeal concerns the sufficiency of the evidence supporting his
convictions. “We review de novo the sufficiency of the evidence to sustain a conviction.” United
States v. Emmons, 8 F.4th 454, 477 (6th Cir. 2021) (internal quotation marks omitted). We ask
“whether, after viewing the evidence in the light most favorable to the prosecution, any rational
trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”
Musacchio v. United States, 577 U.S. 237, 243 (2016) (citation omitted).
Ample evidence connects Adeleke to DetecteD. Defense counsel conceded at trial that the
Raymond Blessing Facebook account belonged to defendant, and the travel records discussed on
that account confirm that connection. And information from that account further demonstrated
Adeleke was DetecteD—it shared an SMS number with detectedbits@gmail.com, used the
blessing_adeleke@ymail.com email address, and connected to Facebook within three minutes of
the DetecteD Facebook account using the same IP address. Given these connections, a rational
juror could certainly conclude that Adeleke was DetecteD.
Further, a rational juror could conclude that Adeleke committed bank fraud. A conviction
for bank fraud requires the government to prove three elements beyond a reasonable doubt:
-6- No. 23-3077, United States v. Adeleke
“(1) that the defendant knowingly executed or attempted to execute a scheme to defraud a financial
institution; (2) that the defendant did so with the intent to defraud; and (3) that the financial
institution was insured by the FDIC.” United States v. Everett, 270 F.3d 986, 989 (6th Cir. 2001);
18 U.S.C. § 1344. And a conviction for conspiracy to commit bank fraud requires proof beyond
a reasonable doubt that “two or more persons conspired, or agreed, to commit the crime of [bank
fraud] and that the defendant knowingly and voluntarily joined the conspiracy.” United States v.
Rogers, 769 F.3d 372, 377, 379–82 (6th Cir. 2014) (internal quotation marks omitted); 18 U.S.C.
§ 1349. Each requirement is easily met here. Adeleke stipulated that KeyBank was a federally
insured financial institution. Regarding his conduct, Adeleke sent four checks to Reading and
Harlow that sought to draw money from an account none of them owned. The account owner
neither authorized those transactions, nor the twelve others that were attempted the same day for
similar amounts of money. Those twelve transactions were strikingly like the four checks Adeleke
sent to Reading and Harlow, so a reasonable juror could conclude that Adeleke initiated the
remaining twelve transactions as well. Thus, sufficient evidence supports Adeleke’s convictions
for bank fraud. And because the essence of Adeleke’s scheme required him to enter into an
agreement with others to commit fraud, the government also presented sufficient evidence to
convict Adeleke of conspiracy to commit bank fraud.
IV.
For these reasons, we affirm the district court’s judgment.
-7-