BOLA TINUBU FORFEITED $460,000 TO THE UNITED STATES FOR DRUG TRAFFICKING

READ THE COMPLETE JUDGEMENT OF HOW BOLA TINUBU FORFEITED $460,000 TO THE UNITED STATES FOR DRUG TRAFFICKING

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION, UNITED STATES OF AMERICA, Plaintiff,

Vs

FUNDS IN ACCOUNT 263226700 HELD BY FIRST HERITAGE BANK IN THE NAME OF BOLA TINUBU,

FUNDS IN ACCOUNTS 39483134, 39483396, 4650279566, 00400220, 39936404, 39936383, HELD BY CITIBANK, N.A. IN THE NAME OF BOLA TINUBU OR COMPASS FINANCE & INVESTMENT CO.

FUNDS IN ACCOUNTS 52050-89451952, 52050-89451952, 52050-89451953 HELD BY CITIBANK, INTERNATIONAL IN THE NAME OF BOLA TINUBU, Defendants.

VERIFIED COMPLAINT FOR FORFEITURE

The United States of America, by its attorney, Michael J. Shepard, United States Attorney for the Northern District of Illinois, for its verified complaint for forfeiture, states as follows:

1. This is a forfeiture action under 21 U.S.C. § 881 and 18 U.S.C. § 981. This court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345 and 1355.

2. The defendant funds are located in the above-described accounts and were seized pursuant to process issued by this court.

This court has venue in this matter pursuant to 28 U.S.C. § 1355 because criminal activity giving rise to this forfeiture action occurred in this district.

3. This complaint is verified by the affidavit of Special Agent Kevin Moss which is attached hereto and incorporated by reference in this complaint.

4. As is stated more fully in the attached affidavit, beginning as early as 1988, Adegboyega Mueez Akande, with others, operated a organization which distributed white heroin, controlled substance under Title 21 of the United States Code. a

5. As is stated more fully in the attached affidavit, this distribution operation was conducted on a large scale and the proceeds of the operation were substantial. The defendant funds represent proceeds of this operation or property involved in money laundering.

6. By reason of facts set forth above and in the attached affidavit, there is probable cause to believe that the defendant funds represent proceeds of narcotics trafficking and further represent property involved in money laundering in violation of 18 U.S.C. 1956 and 1957. The defendant funds are therefore forfeitable to the United States pursuant to 21 U.S.C.881 and 18 U.S.C. §981.

WHEREFORE, the United States requests:

1. that the defendant funds be proceeded against for forfeiture and condemnation, that warrants of seizure and monition issue and that due notice be give to all interested parties to appear and show cause why the forfeiture should not be decreed; and

2. that the Court adjudge and decree that the defendant funds be forfeited to the United States and that the defendant funds be disposed of according to law.

Respectfully submitted,

MICHAEL J. SHEPARD United States Attorney

By:

Marsha N. Mc Culle

MARSHA A. MCCLELLAN

Assistant United States Attorney

219 South Dearborn Street

Chicago, Illinois 60604 (312) 353-2814

STATE OF ILLINOIS)

COUNTY OF COOK

JUL 26 1993

H. STUART CUNNINGHAM CLERK, U. S. DISTRICT COURT

AFFIDAVIT

KEVIN MOSS, being duly sworn on oath, deposes and states an

follows:

1. I have been a Special Agent with the Internal Revenue Service (hereafter “IRS”), in the criminal Investigation Division, for over fifteen (15) years.

2. As is detailed more specifically below, there is probable cause to believe that funds in certain bank accounts controlled by Bola Tinubu, were involved in financial transactions in violation of 18 8.S.C. $51956 and 1957 and represent proceeds of drug trafficking; therefore these funds are forfeitable to the United States under 18 U.S.c. 1981 and 21 U.S.C. 5881(a)(6).

3. My responsibilities include the investigation of tax fraud and other financial crimes, including money laundering. I have become familiar with the methods commonly used to launder money by persons engaged in narcotics trafficking through training and experience. I have also discussed and compared information that I have about the methods used to launder money with other experienced federal, state and local law enforcement agents. Through training and experience, I have learned that narcotics traffickers must take steps to conceal their receipt of huge cash proceeds that represent the profits received from the operation of their narcotics trafficking organizations. These steps include hiding large amounts of cash in safety deposit boxes or other concealed safes and “laundering” the cash through financial transactions. often, to disguise their involvement in the transaction, the drug dealers make use of nominees and/or aliases. Drug traffickers commonly purchase assets with U.S. currency to reduce or eliminate the paper trail generated by their financial transactions. Frequently, when individuals involved in narcotics trafficking acquire assets or expend money, they do so using relatives, associates, nominees and/or aliases. These tactics promote the operation of the narcotics enterprise and conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of the narcotics enterprise. Also, I have known individuals, who derive income from narcotics trafficking, to engage in monetary transactions with property valued in excess of $10,000 that has been derived from criminal activity in violation of 18 U.S.c. $1957.

4. As part of my duties and responsibilities as a Special Agent with the IRS, I have been involved with other agents in an investigation of money laundering of the proceeds of a heroin distribution organization in the Chicago area. One aspect of this investigation concerns the money laundering activities of Adegboyega Mueez Akande. Through my own participation in this Investigation and through information provided to me by other Special Agents of IRS, Drug Enforcement Administration in Hammond, Indiana, (hereafter “DEA”) and the Federal Bureau of Investigation in Merrillville, Indiana (hereafter “PBI”), I an familiar with all aspects of this investigation. The statements contained in this affidavit are based in part on information provided by Special Agents of the IRS, DEA, FBI, on information provided by confidential sources, and on my experience and background as a Special Agent of the IRS.

5. During this investigation, I have reviewed financial documents, including bank statements, Currency Transaction Reports, (hereafter CTRS), copies of money orders, cashier’s checks and tax returns pertinent to this investigation and IRS records for the filing of 8300 forms. In addition to these documents, I have reviewed records of wire transfers of huge amounts of cash generated by individuals who are believed to be nembers of this heroin distribution organization.

6. Through my experience as a law enforcement officer, I have learned that large amounts of cash, often in small denominations, pose a significant logistical problem to drug traffickers. Thus, drug traffickers have a need to transform their illegal money into assets that appear to have been legitimately obtained or earned. This process usually entails the integration of the illegally obtained money into the banking system where it can be transferred to other accounts, both within the United States and overseas. The biggest hurdle in accomplishing this goal is often the initial integration of the illegal money into the banking system, in such a way that it appears legitimate, and the avoidance of IRS filing and reporting requirements. Debriefings of narcotics traffickers and their associates by IRS, DEA and FBI Special Agents have revealed that these individuals are well aware of the paper trail that is created when cash over $10,000 is brought to a financial institution, and that they seek ways to avoid that paper trail.

FACTS AND CIRCUMSTANCES

7. Prior to and during 1988, the DEA became involved in the investigation of a white heroin trafficking network operating in Chicago, Illinois and Hammond, Indiana. The investigation disclosed that an individual known as Lee Andrew Edwards was a source of white heroin. Edwards is currently incarcerated for attempting to murder a federal agent while the agent was executing a search warrant. Cocaine, heroin, guns and paraphernalia used to distribute drugs were recovered during the execution of the warrant. Edwards entered a guilty plea to the charges arising from the attempted murder of the federal agent.

8. A DEA confidential source (Source A) has provided reliable information to the DEA in its investigation into this white heroin distribution network. Information provided by Source A has been corroborated by an ongoing DEA investigation, PBI investigations, surveillances of Source A, consensual recordings of conversations, and a review of FBI and DEA records.

9. Source A provided reliable information about Lee Andrew Edwards including the identity of a telephone number which activated an electronic pager. Source A reported that this number was to be called to place an order for white heroin. According to records reviewed, this pager was subscribed to by Adegboyega Mueez Akande at 7504 South Stewart Avenue, Chicago, Illinois.

10. During February 1988, an individual identified as Abiodun Agbele arrived in the United States from Nigeria. According to investigating agents of DEA, Agbele identified Akande as his uncle and stated that Akande provided him (Agbele) an apartment in Hammond, Indiana.

11. The investigation disclosed through interviews with Agbele that Akande returned to Nigeria in mid 1990; however, before he left, he instructed Agbele to serve as a source of white heroin for Lee Andrew Edwards. According to DEA investigators, Agbele sold white heroin to Edwards on numerous occasions. With the assistance of Source A, DEA called Agbele to purchase a small amount of white heroin. On November 20, 1990, Agbele sold one ounce of white heroin to a law enforcement officer working in an undercover capacity for $7,000.

12. Subsequent to the sale of the white heroin to law enforcement officers, Agbele was arrested and agreed to cooperate by providing information regarding the white heroin distribution network of Akande.

13. During interviews with the law enforcement agents investigating this distribution network, Agbele confirmed that Akande was involved in the distribution of white heroin. As a result of his involvement in this business enterprise, Akande generated huge profits that Agbole admitted he often wired to bank accounts on behalf of Akande.

14. According to Agbele, Akande controlled the operation of the white heroin distribution network from Nigeria in conjunction with other individuals in Nigeria and the United States. Much of the business, at the time the operation flourished, was conducted by telephone, although, according to Agbele, Akande occasionally travelled to the United States under an assumed name to retrieve portions of the drug profits.

15. During the course of the investigation, DEA agents learned that in November 1986, Adegboyega Mueez Akande completed a lease application for an apartment on which he listed his employment as an account representative for Globe-Link International. Akande listed his address as 7504 South Stewart Avenue, Chicago, Illinois and a former address as 7527 North Sheridan Road also in Chicago. On the application, Akande listed Audrey Akande as his spouse and his current landlord was identified as Christine Schaffer.

16. Further investigation by DEA disclosed that Abiodun Agbele also completed a lease application for an apartment in the same apartment complex located at 4050 W. 115th Street, Chicago, Illinois. In the application, Agbele stated that he was employed by Globe-Link as a sales representative. The investigators have confirmed that. Adegboyega Mueez Akande maintained an apartment in this complex. 17. A review of the documents provided by the Secretary of State disclosed that Globe-Link International was owned by Mueez Adegboyega Akande. According to the 1985 corporate report, the company was located at 7527 North Sheridan Road and was in the business of consulting and business negotiations.

18. It is believed by this affiant that Adegboyega Mueez Akande and Mueez Adegboyega Akande are the same individual because of social security and tax information. Further, Agbele told agents investigating this matter that Nigerians often transpose their first and middle names or use aliases to avoid detection by immigration officials.

19. A review of the 1986 corporate report from the Secretary of State showed that Globe-Link was owned by Mueez A. Akande and other relatives. Audrey Akande was one of the relatives listed, and she was identified as Akande’s wife. The business address remained 7527 North Sheridan Road, Chicago, Illinois.

20. A review of records from the IRS disclosed that Globe Link was purportedly located at 7504 S. Stewart, Chicago, Illinois but received mail at a post office box. The building at this address is a two-flat with one of the residents being identified as Christine Schaffer, who is the mother of Audrey Akande and the mother-in-law of Adegboyega Mueez Akande. The IRS information further disclosed that Globe-Link filed one corporate tax return in 1987 showing taxable income in the amount of $9,105. No other returns have been filed. Interviews with investigators from the U.S. Customs Service have disclosed that the address at 7504 S. Stewart Avenue is known as a drop-off point for packages from Nigeria that contain white heroin.

21. This investigation has disclosed the identity of other individuals, including relatives, who have worked for Akande with various duties in the distribution organization. One of these individuals has been identified by the investigation as Bola Tinubu.

22. According to bank records from the First Heritage Bank, Country Club Hills, Illinois, Tinubu opened an individual money market account and a “NOW” account in December 1989. In the application, Tinubu stated that his address was 7504 South Stewart, Chicago, Illinois. This is the same address used previously by Akande and Globe-Link. Upon opening this account, Tinubu deposited $1,000 in traveler’s checks.

23. Bank records disclosed that five days after the account was opened, on January 4, 1990, $80,000 was deposited into the NOW account at First Heritage Bank by wire transfer through First Chicago from Banc One Houston. The transaction was completed at the direction of Mirbec A. Akande who resided at 7930 Corporate Drive, Houston, Texas. A review of a credit bureau report shows that Adegboyega Mueez Akande previously used this address. Further, the investigation disclosed through a review of bank records that an individual named Mueez Adegboyega Akande had three accounts at Banc One.

24. According to bank employees, when Bola Tinubu came to First Heritage Bank in December 1989 to open the accounts, he was
Introduced to them by Adegboyega Mueez Akande who at that time maintained an account at the bank.

25. According to bank records, Bola Tinubu also opened a joint checking account in his name and the name of his wife, Oluremi Tinubu. oluromi Tinubu previously opened a joint bank account also at this bank with Audrey Akande, the wife of Adegboyega Mucez Akande.

26. Bank records further disclosed that on January 6, 1990, Tinubu withdrew $20,000 from the “NOW” account to purchase a Certificate of Deposit for $10,000; the remaining $10,000 was deposited into the money market account.

27. On the same day, January 6, 1990, Tinubu completed a credit application for an $8,000 loan to purchase an automobile. Tinubu stated in the application that he resided at 7504 South Stewart and that Mueez A. Akande, his cousin, resided at 3515 Maple Lane, Hazel Crest, Illinois. Further, Tinubu stated in the application that his employer was Mobile Oil Nigeria Ltd., Fairfax, Virginia and that his take home pay was $2,400 per month.. Additionally, Tinubu stated that he had no other sources of income. He listed his wife, Oluremi S. Tinubu, as a co-applicant. The application states that she resides at the same location and her employment is listed as housewife. This loan was secured with the certificate of deposit in the amount of $10,000 that Tinubu recently purchased.

28. A review of a Trans Union Credit report, however, showed that Tinubu resided at 7424 South Shore, Chicago, Illinois. The date of this credit report was December 28, 1989.

29. On January 8, 1990, a loan was given to Tinubu by First Heritage Bank and a check in the amount of $8,000 was made payable to the car dealership and him for the purchase of a car.

30. A review of records from the car dealership disclosed that on January 9, 1990, Bola Tinubu purchased a 1990 Nissan 240X (VIN: JN1H536P7LW121339) for $17,754.03 using cashier’s checks purchased at First Heritage Bank from funds in his bank accounts. Tinubu provided 3515 Maple Lane, Hazel Crest, Illinois as his residence while completing paperwork at the car dealership.

31. Bank records also disclosed that on May 9, 1989, Adegboyega M. Akande opened a checking account number 263153800-2 at First Heritage Bank using social security number 577-76-9301. The account remained open until September 1990 according to records from the bank. A review of the bank statements and cashier’s checks from this checking account disclosed that it remained inactive except during January 1990 and February 1990. The account records showed a deposit of a cashier’s check in the amount of $5,000. The cashiers’s check was purchased by Bola Tinubu on January 11, 1990, seven days after the above described $80,000 wire transfer was received from Akande. Tinubu made the cashier’s check payable to Audrey Akande and after endorsement with the names Audrey Akande and Adegboyega Akande, it was deposited into Adegboyega Mueez Akande’s account.

32. Information received from the Social Security Administration and the IRS disclose that the social security number used by Adegboyega Mueez Akande to open the account at First Heritage Bank does not belong to him.

33. A review of records from the IRS disclosed the Mueez A. Akande and Audrey Akande last filed a joint income tax return in 1987 showing disposable income or adjusted gross income of $10,500 from self-employment. Akande listed his address as 7504 South Stewart, Chicago, Illinois. The records further disclose that Akande did not file income tax returns for any year following 1987.

34. Records from First Heritage Bank disclose that in 1990, Bola Tinubu deposited $661,000 into his individual money market account and in 1991, Tinubu deposited $1,216,500 into the same money market account. The balance in the account is approximately $980,967.

35. Bank records from Citibank Inc., disclosed that in January 1991, Tinubu began opening accounts at Citibank in the section known as the world-wide personal banking unit. A review of bank records disclosed that on January 25, 1991, Tinubu transferred $560,000 from his money market account at First Heritage Bank to one of the world-wide personal accounts at Citibank.

36. Account statements from the accounts at both First Heritage Bank and Citibank were forwarded to Bola Tinubu in care of Shola Ogunbode at 6641 Morningview Court, Alexandria, Virginia.

37. Representatives from Mobil Oil were interviewed regarding Tinubu’s employment status. The representatives confirmed that Tinubu was employed by Mobil 011 Nigeria Ltd. as a treasurer. This position, however, does not involve the transfer of large amounts of money between banking institutions. Mobil Oil representatives stated that under no circumstances would Tinubu be permitted to retain money belonging to Mobil 011 in accounts bearing Tinubu’s name. Finally, Mobil Oil confirmed that the corporation never had any accounts in banks in the southern suburbs of Chicago.

38. IRS tax laws require the payment of taxes for resident and non-resident aliens on interest income from deposits made into U.S. banks. A review of IRS records has disclosed that Bola Tinubu has failed to file income tax returns since 1984 despite the receipt of interest income credited to the accounts in his name.

39. On January 10, 1992, applications for seizure warrants were presented to Magistrate Judge Rosemond of the Northern District of Illinois. After considering the applications and the attached affidavits, Magistrate Judge Rosenond issued seizure warrants for accounts at First Heritage Bank and Citibank in the name of Bola Tinubu. The amount of money seized from these accounts exceeded $1.4 million dollars.

40. Shortly thereafter, Mr. Tinubu contacted the First Heritage Bank to transfer money from his accounts and was advised that the accounts had been seized by the U.S. Treasury. Representatives from First Heritage Bank advised me of Tinubu’s inquiries about his accounts. On January 13, 1992, I spoke to an Individual who identified himself as Bola Tinubu at a telephone number in Nigeria that he provided to the employees of the bank. During the course of the conversation, he advised me that he (Tinubu) knew Akande. Tinubu admitted that he had wire transferred $100,000 to Akande’s bank account in Houston and that $80,000 of the funds used to open the bank accounts at First Heritage Bank had come from Akande. When asked to identify other accounts in his name, Tinubu stated that he had an account in Fairfax, Virginia and an account in London. Despite repeated requests for information regarding bank accounts, Tinubu denied having any additional accounts in the United States.

41. On January 14, 1992, I had another telephone conversation with the same individual who identified himself as Bola Tinubu. During this telephone conversation, Tinubu admitted to me that he knew Agbele and that he met Agbele through Akande. He further admitted that he (Tinubu) had associated with Akande and Agbele in the United States as well as Nigeria. Again during this conversation, he denied the existence of any other bank accounts in the United States.

42. The initial warrant served on Citibank seized accounts in a division referred to as Citibank, N.A. Further investigation disclosed that there was an additional banking unit known as Citibank, International with world-wide banking capabilities. Records from Citibank, International disclosed that accounts, in the name of Bola Tinubu and corporate accounts to which Tinubu had access existed in this separate international banking unit.

43. On January 24, 1992, a seizure warrant was issued in the Southern District of New York for the accounts held in the name of Bola Tinubu by Citibank, International. Approximately $550,000 was seized from these accounts held by Citibank, International in the name of Bola Tinubu.

44. According to records from Citibank, International, there were two additional corporate accounts held in the name of Compass Finance and Investment Company, Ltd. which were controlled by Bola Tinubu.

45. The bank records from these accounts in the International division disclosed that when Bola Tinubu opened these accounts at Citibank, International, he provided certain corporate documents from Compass Finance and Investment Company, Ltd. including documents identified as a memorandum of association and articles of association. Both corporate documents identified Mueez Adegboyega Akande and Abiodun Olasuyi Agbele as directors of Compass Finance and Investment Company, Ltd.

46. A further review of the records from citibank, International disclosed that the funds transferred from First Heritage Bank in Illinois to Citibank, N.A. were subsequently transferred to the Citibank, International accounts held in the name of Bola Tinubu and Compass Finance and Investment Company Ltd. Funds held in international accounts may be easily transferred into the international banking system or converted into foreign currency.

47. On January 30-31, 1992, Tinubu advised agents investigating this matter that he had no business association or financial relationship with Agbele or Akande. This information contradicted his prior statements on January 13, 1992, when he advised law enforcement officers that the money used to open the account at First Heritage Bank had come from Akande.

48. For the reasons set forth above, there is probable cause to believe that the funds in the accounts, held by First Heritage Bank, Citibank, N.A. and Citibank, International, in the names of Bola Tinubu and Compass Finance and Investment Company, Ltd., represent property that was involved in transactions in violation of 18 U.S.C. §§ 1956 and 1957, or is property traceable to such property or represents the proceeds of drug trafficking making the fund in the accounts forfeitable to the United States pursuant to 18 U.S.C. 981 and 21 U.S.c. 5881.

49. I have read the foregoing verified complaint and this affidavit; the averments contained therein are true and correct to the best of my knowledge, information and belief.

Kevin Moss Kevin Moss Special Agent Internal Revenue Service

SWORN TO AND SUBSCRIBED BEFORE ME THIS 20th DAY OF JULY, 1993.

Renee I. Awanson

NOTARY PUBLIC