{UAH} Federal Jury Convicts Kenya Man of Theft of Government Funds and Identity Theft
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Federal Jury Convicts Kenya Man of Theft of Government Funds and Identity Theft
DALLAS — Following a three-day trial before U.S. District Judge Jane J. Boyle, a federal jury convicted Jeffrey Sila, 32, a citizen of Nairobi, Kenya, yesterday on two counts of theft of public funds and one count of aggravated identity theft, announced U.S. Attorney John R. Parker of the Northern District of Texas.
Sila is to be sentenced by U.S. District Judge Jane J. Boyle on January 11, 2018. The maximum statutory penalty for the identity theft count is a mandatory term of two years in prison and a $250,000 fine. The maximum statutory penalty for the theft of public funds counts are a maximum statutory penalty of ten years in prison and a $250,000 fine. Sila has been in custody since the time of his arrest in September 2016.
The government presented evidence at trial that Sila illegally obtained a $76,592.86 United States Treasury check payable to an individual identified as C.S. that had been issued on a federal income tax return filed electronically from Kenya. On August 9, 2016, Sila delivered the treasury check to an Internal Revenue Service (IRS) Criminal Investigation (CI) undercover agent in exchange for $48,000. Sila was arrested on September 11, 2016, at Los Angeles airport as he attempted to board a flight to Nairobi, Kenya. Sila was also convicted of the theft of another treasury refund check that had been issued on an electronically filed return filed in 2012.
The case was investigated by IRS-CI. Assistant U.S. Attorneys Christopher Stokes and Sid Mody are prosecuting.
Description
ORDER OF DETENTION by Magistrate Judge Rozella A. Oliver as to Defendant Jeffrey Ndungi Sila (dg)
Case 2:16-mj-01836-DUTY Document 9 Filed 09/14/16 Page 1 of 4 Page ID #:21 CLERK, U.S. DISTRICT COURT 1 SEP { 4 2016 2 CENTRAL DIS~T OF AV CALIFORNIA 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 12 Case No. 16-CR-1836 UNITED STATES OF AMERICA, 13 Plaintiff, 14 ORDER OF DETENTION v. 15 JEFFREY NDLJNGI SILA, 16 Defendant. 17 ~E:~ I. 19 The Court conducted a detention hearing: 20 ❑ On motion ofthe Government[18 U.S.C. § 31420(1)] in a case: 21 allegedly involving: 22 ()a crime of violence. 23 ()an offense with a maximum sentence of life imprisonment or 24 death. 27 28 Case 2:16-mj-01836-DUTY Document 9 Filed 09/14/16 Page 2 of 4 Page ID #:22 1 ()a narcotics or controlled substance offense with the maximum 2 sentence often or more years. 3 ( )any felony —where defendant convicted oftwo or more prior 4 offenses described above. 5 ( )any felony that is not otherwise a crime of violence that involves a 6 minor victim, or possession of a firearm or destructive device or any 7 other dangerous weapon, or a failure to register under 18 U.S.C. 8 § 2250. 9 10 ~ On motion by the Government or on the Court's own motion 11 [18 U.S.C. § 3142(~j(2)] in a case allegedly involving, on further allegation by the 12 Government of: 13 (x)a serious risk that defendant will flee 14 ()a serious risk that the defendant will( )obstruct or attempt to 15 obstruct justice;( )threaten, injure or intimidate a prospective witness 16 or juror, or attempt to do so. 17 18 ❑ The Court concludes that the Government is entitled to a rebuttable 19 presumption that no condition or combination of conditions will reasonably assure 20 the defendant's appearance as required and the safety or any person or the 21 community [18 U.S.C. § 3142(e)(2)]. 22 23 II. 24 ❑ The Court finds that no condition or combination of conditions will 25 reasonably assure: ~ the appearance of the defendant as required. 26 ❑ the safety of any person or the community. 27 ❑ The Court finds that the defendant has not rebutted by sufficient evidence 28 to the contrary the presumption provided by statute. 2 Case 2:16-mj-01836-DUTY Document 9 Filed 09/14/16 Page 3 of 4 Page ID #:23 1 2 III. 3 The Court has considered:(a)the nature and circumstances of the offenses) 4 charged, including whether the offense is a crime of violence, a Federal crime of 5 terrorism, or involves a minor victim or a controlled substance, firearm, explosive, 6 or destructive device;(b)the weight of evidence against the defendant;(c)the 7 history and characteristics of the defendant; and (d)the nature and seriousness of 8 the danger to any person or the community. [18 U.S.C. § 3142(g)] The Court also 9 considered all the evidence adduced at the hearing and the arguments, the 10 arguments of counsel, and the report and recommendation ofthe U.S. Pretrial 11 Services Agency. 12 IV. 13 The Court bases its conclusions on the following: 14 D As to risk ofnon-appearance: insufficient bail resources; lack of ties to 15 community in Central District of California and Northern District of Texas; and 16 significant foreign ties(defendant on a tourist visa to the United States and 17 planning to return to Kenya in near future). 3 Case 2:16-mj-01836-DUTY Document 9 Filed 09/14/16 Page 4 of 4 Page ID #:24 1 ❑ As to danger to the community: allegations in indictment; prior criminal 2 history for charge similar to those in indictment. ~~ ! ! 1~ 5 ❑ The Court finds a serious risk that the defendant will 6 ❑ obstruct or attempt to obstruct justice. 7 ❑ threaten, injure or intimidate a prospective witness or juror, or 8 attempt to do so. L•l The Court bases its conclusions on the following: L[Il VI. 11 IT IS THEREFORE ORDERED that the defendant be detained until trial. 12 The defendant will be committed to the custody ofthe Attorney General for 13 confinement in a corrections facility separate, to the extent practicable, from 14 persons awaiting or serving sentences or being held in custody pending appeal. 15 The defendant will be afforded reasonable opportunity for private consultation 16 with counsel. On order of a Court of the United States or on request of any 17 attorney for the Government,the person in charge ofthe corrections facility in 18 which defendant is confined will deliver the defendant to a United States Marshal 19 for the purpose of an appearance in connection with a court proceeding. 20 [18 U.S.C. § 3142(1)] 21 Dated: 09/14/2016 ~.4, 22 HON. ROZELLA A. OLIVER 23 UNITED STATES MAGISTRATE JUDGE
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