An American businessman, Marco Antonio Ramirez, has been sentenced to a combined 68 years in prison by the Special Offences Court sitting in Ikeja, Lagos, following his conviction in two separate fraud cases involving about $1.6 million.
Justice Mojisola Dada handed down the sentences after finding Ramirez guilty of charges brought against him by the Economic and Financial Crimes Commission (EFCC).
Ramirez was prosecuted alongside his companies, USA NOW LLC, Eagle Ford Instalodge Group LP and USA Now Energy Capital Group LP, over allegations involving an Employment-Based Fifth Preference (EB-5) United States investor programme.
According to the EFCC, Ramirez collected money from victims on the representation that their investments in his company would qualify them for the EB-5 programme and ultimately make them eligible for United States permanent residency.
The anti-graft agency alleged that he collected about $1.235 million from victims but failed to fulfil the promises attached to the transactions.
How The First Case Started
Ramirez was initially arraigned on a 12-count charge to which he pleaded not guilty.
He was subsequently re-arraigned on June 24, 2022, on an amended 16-count charge.
Among the allegations were claims that Ramirez and his companies dishonestly converted money belonging to different individuals.
One of the counts alleged that between February 5 and April 18, 2013, Ramirez and the companies dishonestly converted an aggregate $545,000 belonging to Godson Onyemaechi Echegile.
Another count alleged that between July 12 and November 7, 2012, Ramirez and two of the companies dishonestly converted $314,800 belonging to Abubakar Umar Sadiq.
A further count alleged that Ramirez and the companies converted another $230,000 belonging to Sadiq between February 19 and April 18, 2013.
During the trial, EFCC prosecuting counsel, M.S. Owede, presented documentary evidence and called witnesses in an effort to establish the allegations against the defendant.
Ramirez also took the witness stand to defend himself and later engaged the services of Senior Advocate of Nigeria, Lawal Pedro.
The case experienced several adjournments, particularly at the stage of adopting final written addresses.
The final addresses were eventually adopted on May 8, 2024, after which Justice Dada fixed a date for judgment.
Court Convicts Ramirez
Delivering judgment, Justice Dada held that the prosecution had proved its case against Ramirez beyond reasonable doubt.
The court subsequently convicted him on the 16 counts.
For counts one to 12, which bordered on obtaining by false pretence, Justice Dada sentenced Ramirez to 10 years imprisonment on each count.
He was also sentenced to 10 years on each of counts 13 to 16, which bordered on stealing.
The sentences formed part of the cumulative punishment imposed by the court.
Second Fraud Case
On the same day, Justice Dada also delivered judgment in a separate nine-count charge filed by the EFCC against Ramirez over an alleged $368,698.24 fraud.
The second case involved allegations that he obtained money from individuals under false representations connected to United States visa and investment programmes.
One of the counts alleged that on July 26, 2013, Ramirez obtained $250,000 from Gabriel Ogie Edeoghon under the representation that the money was an investment in USA NOW Energy Capital Group LP under the EB-5 United States investor programme.
The prosecution alleged that the representation was false.
Another count alleged that on March 5, 2014, Ramirez obtained $50,281.33 from Oludare Talabi under the representation that the money would be used to procure a United States L1 visa programme for him.
Ramirez pleaded not guilty to the charges when they were read to him.
EFCC prosecuting counsel, S.O. Daji, presented documentary evidence and called witnesses during the trial.
Defence Challenges And Final Judgment
The second case also experienced a number of adjournments during the proceedings.
Court proceedings were at various times affected by the absence of defence counsel and delays in filing the defence’s final written address, according to the prosecution’s account.
Following the adoption of final written addresses on May 8, 2024, Justice Dada reserved the matter for judgment.
In her judgment, the judge again held that the prosecution had established its case against Ramirez beyond reasonable doubt.
She consequently convicted him on the counts proved against him.
Justice Dada sentenced him to eight years imprisonment on each of counts one to six and 10 years each on counts seven and eight.
With the sentences arising from the two separate cases, Ramirez faces a combined 68-year prison term.
The case brings to a close a lengthy legal battle that began with allegations that millions of dollars were collected from victims in connection with United States visa and investment opportunities.
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