United States v. Jacob Ewesi Rockson, United States of America v. Joseph Ankoma Dadzie, A/K/A Kofi Dadzie

104 F.3d 360, 1996 U.S. App. LEXIS 38028
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 24, 1996
Docket95-5116
StatusUnpublished

This text of 104 F.3d 360 (United States v. Jacob Ewesi Rockson, United States of America v. Joseph Ankoma Dadzie, A/K/A Kofi Dadzie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jacob Ewesi Rockson, United States of America v. Joseph Ankoma Dadzie, A/K/A Kofi Dadzie, 104 F.3d 360, 1996 U.S. App. LEXIS 38028 (4th Cir. 1996).

Opinion

104 F.3d 360

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Jacob Ewesi ROCKSON, Defendant-Appellant.
UNITED STATES of America, Plaintiff-Appellee,
v.
Joseph Ankoma DADZIE, a/k/a Kofi Dadzie, Defendant-Appellant.

Nos. 95-5116, 95-5098.

United States Court of Appeals, Fourth Circuit.

Argued Oct. 30, 1996.
Decided Dec. 24, 1996.

Appeals from the United States District Court for the District Court of Maryland, at Baltimore. Benson E. Legg, District Judge. (CR-94-28-L)

ARGUED: Alan Royce Lee Bussard, Towson, Maryland, for Appellant Rockson; Robert W. Mance, III, MUNDY, HOLT & MANCE, Washington, D.C., for Appellant Dadzie. Thomas Michael DiBiagio, Assistant United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Lynne A. Battaglia, United States Attorney, Baltimore, Maryland, for Appellee.

D.Md.

AFFIRMED.

Before WILLIAMS and MICHAEL, Circuit Judges, and DOUMAR, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

PER CURIAM:

Joseph Dadzie and Jacob Rockson were convicted by a jury of conspiracy to launder monetary instruments, see 18 U.S.C.A. § 1956(h) (West Supp.1996),1 and conspiracy to fail to file currency transaction reports, see 31 U.S.C.A. §§ 5322 and 5324 (West Supp.1996). In addition, Dadzie was convicted of money laundering. See 18 U.S.C.A. § 1956(a)(3) (West Supp.1996). Dadzie was sentenced to 121 months imprisonment and Rockson was sentenced to 87 months imprisonment.

Dadzie and Rockson now appeal their convictions. They argue that the district court improperly directed a verdict for the Government by conclusively instructing the jury that their business, First African Forex Bureau, was a financial institution. They also challenge the introduction into evidence of a taped telephone conversation. Finally, they argue that the evidence was insufficient to sustain their convictions for conspiracy to launder monetary instruments.

Dadzie and Rockson also challenge their sentences. Both argue that the district court erroneously increased their offense levels three points for knowingly laundering drug money. See United States Sentencing Commission, Guidelines Manual, § 2S1.1(b)(1) (Nov.1995). In addition, Dadzie contends that the district court erred in finding that he laundered more than $6,000,000, thereby increasing his offense level an additional eight points. See U.S.S.G. § 2S1.1(b)(2)(I). Similarly, Rockson contends that the district court erred in finding that he laundered more than $2,000,000, thereby increasing his offense level an additional six points. See U.S.S.G. § 2S1.1(b)(2)(G). Finding no error, we affirm Dadzie's and Rockson's convictions and sentences.

I.

First African Forex Bureau (FAFB), a money transmittal business, was headquartered in Hyattsville, Maryland, with branch offices in Accra, Ghana; Chicago, Illinois; and Irvington, New Jersey. Dadzie directed the FAFB operation from the Hyattsville office. Rockson, along with Kyaku Boakye, managed the FAFB branch office in New Jersey.

An investigation into money laundering at FAFB was initiated after law enforcement officers stopped Ossman Ali for speeding. A search of Ali's car led to the seizure of $66,625 in cash. Ali claimed that the $66,625, which he believed to be drug money, was only a portion of the money he delivered on a regular basis to Rockson, FAFB's agent in New Jersey. According to Ali, Rockson then transported the money from New Jersey to Dadzie in Hyattsville. On the night that Ali was pulled over, he had missed his scheduled meeting with Rockson and, therefore, had to drive to Maryland to deliver the money to Dadzie personally.

In addition to delivering money to Rockson, Ali called Dadzie on a daily basis to report that day's receipts. Ali claims that, during one conversation, he expressed to Dadzie his concern that the large amounts of cash were drug proceeds. According to Ali, Dadzie was not concerned about the money's origin.

Between January of 1990 and June of 1993, over $31,193,587, including $11,345,495 in cash, was deposited into accounts associated with FAFB. Although a large number of the cash deposits exceeded $10,000, FAFB never filed a currency transaction report. In fact, the Government produced evidence that $2,117,595 in cash was structured (i.e., broken down into amounts under $10,000 to avoid the reporting requirements) in the New Jersey office, $3,238,430 in cash was structured in the Chicago office, and $958,320 in cash was structured in the Hyattsville office. During this same period, the FAFB offices in New Jersey and Chicago wired a total of $7,964,000 into FAFB's account in Hyattsville. During a slightly longer period of time--between June of 1989 and January of 1994--the Hyattsville office wired nearly $20,000,000 to locations throughout Asia, Europe, and the United States.

The Government also produced evidence that customers of FAFB were engaged in drug trafficking, that the funds they deposited at FAFB were the proceeds of their illegal activity, and that FAFB structured these deposits to avoid the reporting requirements. In addition, evidence was introduced that FAFB customers did not follow regular banking practices or procedures. For example, FAFB customers typically deposited large amounts of cash, frequently made their cash deposits during the night, rarely requested that the money they deposited be counted, and regularly delivered their cash deposits in paper bags.2

Between January 1992 and May 1992 the Government conducted an undercover operation involving Dadzie and the Hyattsville FAFB. During this period of time, Dadzie laundered $40,000 for the undercover operation. In one of these transactions, which involved the transfer of $25,000, the undercover informant told Dadzie four times that the money was drug proceeds and was being sent to London to buy heroin. Although Dadzie gave the informant a receipt for the $25,000, Dadzie, in accordance with FAFB's practice, never filed a currency transaction report.

The Government also conducted an undercover operation involving Rockson and the New Jersey FAFB. On one occasion Rockson agreed to wire transfer $12,500 to Hong Kong. Although Rockson gave the informant a receipt for the full $12,500, Rockson told the informant that he intended to structure the deposit into two separate transactions. Even though Rockson was not specifically told that the $12,500 was drug proceeds, Daniel Danso, a drug dealer who was present during the transaction, told the informant that Rockson had knowingly taken drug money from him and his friends on prior occasions.3 As a part of the same undercover operation, Danso met an undercover Customs Agent in Baltimore, Maryland.

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Bluebook (online)
104 F.3d 360, 1996 U.S. App. LEXIS 38028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jacob-ewesi-rockson-united-states--ca4-1996.