A United States court has reissued an order for the arrest of Allen Onyema, the founder and CEO of Air Peace Limited, over a $20 million bank fraud case that has been pending against him for five years.
The federal district court for Northern Georgia, Atlanta, renewed the arrest warrant on 9 October, following the addition of more charges to the case against Mr Onyema and his co-defendant – Ejiroghene Eghagha, the airline’s Chief of Administration and Finance.
US authorities filed the superseding indictment on 8 October, alleging new counts of obstruction of justice and conspiracy to obstruct justice.
The two counts added to the pre-existing 36 counts of conspiracy, money laundering, bank fraud, credit application fraud, and identity theft. The superseding indictment brought the counts to 38.
On the day the superseding indictment was filed, Assistant US Attorney Christopher Huber filed for a new arrest warrant after the first one issued against Mr Onyema in 2019.
On the following day, 9 October, a deputy clerk of the court signed and delivered the new arrest warrant to the US Marshal, the American body that carries out the arrest of fugitives.
Previous arrest warrants
It will be recalled that preparatory to the filing of the charges in 2019, Russell Vineyard, a magistrate at the United States District Court for the Northern District of Georgia, issued a corresponding warrant of arrest for Mr Onyema and Eghagha in Canada.
American prosecutors had sought the warrant to enable Canadian law enforcement authorities to take the suspects into custody if sighted in their jurisdiction.
In another arrest warrant issued on 19 November 2019, Justin Anand, an American magistrate of the same court, ordered the US Marshals Service to take them into custody.
Allegation
In the charges pending since 2019, the US authorities accused Mr Onyema of moving suspicious funds from Nigeria to American bank accounts between 2017 and 2018 with the funds allegedly disguised as being meant to be used to purchase aircraft.
Mr Onyema and his co-defendant, Mr Eghagha, allegedly organised the fraud by applying for export letters of credit for the transfer of funds from a Nigerian bank account to the bank account of Mr Onyema’s Atlanta-Georgia-based firm, Springfield Aviation LLC, between 2016 and 2017.
The defendants, according to US prosecutors, applied for the funds purportedly for the purchase of aircraft by Air Peace from Springfield Aviation.
Both Air Peace, a major Nigerian commercial airline, and the US-based Springfield Aviation, are owned by Mr Onyema.
Prosecutors also said the aircraft referenced in each of the export letters of credit sent to the American banks was never owned or sold by Springfield Aviation.
They said the defendants made false statements and reports, and willfully overvalued property to influence the actions of the American banks.
Mr Eghagha was said to have sent the false documents, including fabricated purchase agreements, bills of sale, and valuation documents, to Ebony Mayfield to sign and submit to the respective banks in support of the letters of credit.
Mr Onyema had engaged Ms Mayfield, who was at various times, a bartender, restaurant waitress, and nightclub dancer, in 2016, to act as a manager of Springfield Aviation, and enter into contracts on the firm’s behalf.
Prosecutors said she “had no connection to the aviation business outside of her role with Springfield Aviation and had no education, training, or licensing in the review and valuation of aircraft, including aircraft components.”
In October 2022, the US District Court sentenced Ms Mayfield to three years’ probation for her roles in helping to facilitate the alleged fraud.
Prosecutors continue to allege that Mr Onyema founded and used Springfield Aviation “to facilitate large transfers of funds from his Nigerian bank accounts to the United States.”
Mr Onyema allegedly moved about $15 million from Springfield Aviation’s account with a Wells Fargo Bank branch in Atlanta, Georgia, to his personal savings account with the same bank in 27 transactions in 2017.
Each of the 27 transactions stands alone as a charge of money laundering.
In May 2019, upon discovering that he was under investigation in the Northern District of Georgia for bank fraud, Messrs Onyema and Eghagha allegedly directed the Springfield Aviation manager, Ms Mayfield, to sign a key business contract, but also specifically told her to not date the document.
In October 2019, Onyema allegedly caused his attorneys to present that same contract, now falsely dated as being signed on 5 May 2016 (prior to the bank fraud that began in 2016), to the government in an effort to stop the investigation and unfreeze his bank accounts.
The submission of the alleged false documents forms the basis for the new count of obstruction of justice and one count of conspiracy to obstruct justice in the superseding charges.
Superseding charges
The US government added two counts to the charges in a superseding indictment last month.
Announcing the superseding indictment in a statement, the US Attorney Office, Northern District of Georgia, accused Mr Onyema and his co-defendant of “obstruction of justice for submitting false documents to the government in an effort to end an investigation of him that resulted in earlier charges of bank fraud and money laundering.”
Prosecutors said Mr Onyema submitted false documents to US authorities in 2019 in an effort to stop the investigation and unfreeze his bank accounts regarding the alleged $20 million bank fraud.
Mr Eghagha, the airline’s Chief of Administration and Finance, accused of participating in the alleged obstruction scheme, as well as in the earlier bank fraud counts, is Mr Onyema’s co-defendant in the case.
“After allegedly using his airline company as a cover to commit fraud on the United States’ banking system, Onyema, along with his co-defendant, allegedly committed additional crimes of fraud in a failed attempt to derail the government’s investigation of his conduct,” the statement quoted US Attorney Ryan K. Buchanan.
Also, Assistant Special Agent in Charge Lisa Fontanette, Internal Revenue Service – Criminal Investigation Atlanta Field Office, said, “Allegedly, Onyema and his accomplices fraudulently used the U.S. banking system in an effort to hide the source of their ill-gotten money.”
Denial
Air Peace and Mr Onyema’s lawyers have consistently maintained his innocence.
Reacting to the filing of the superseding indictment last month, Air Peace noted in a statement that “both Mr Onyema and Eghagha remain innocent and these are mere allegations, and the case is still in court.”
It added that: “Our legal team is fully engaged with the matter and is working tirelessly to ensure that justice prevails. We remain confident that, through due process, the truth will be revealed, and our CEO and co-defendant will be exonerated.”
The airline argued that Mr Onyema and his legal team have consistently cooperated with authorities throughout the legal process and that Air Peace continues to operate without disruption, upholding its commitment to delivering top-notch services to its valued customers.
“We want to reassure the public that these legal proceedings will not impact the safety, reliability, or day-to-day operations of Air Peace. The dedication and focus of our staff remain steadfast as we continue to provide you with the best aviation experience in Nigeria and beyond,” the airline said