U.S. Charges Three Businessmen For Trying To Smuggle Arms, Ammunition Into Nigeria

Baltimore, Maryland – A federal grand jury has returned an
indictment charging three Maryland men for the federal charges of
conspiracy, violation of the Arms Export Control Act and the Export
Reform Control Act, related to the export of firearms and
ammunition from the United States to Nigeria. Charged in the
indictment, which was returned late yesterday, are:

Wilson Nuyila Tita, age 45, of Owings Mills, Maryland;
Eric Fru Nji, age 40, of Fort Washington, Maryland; and
Wilson Che Fonguh, age 39, of Bowie, Maryland.

The indictment was announced by Acting United States Attorney
for the District of Maryland Jonathan F. Lenzner; Special Agent in
Charge James R. Mancuso of Homeland Security Investigations (HSI)
Baltimore; and Special Agent in Charge Timothy Jones of the Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field
Division.

According to the four-count indictment, from at least November
2017 through July 19, 2019, the defendants conspired with each
other and with others to export from the United States to Nigeria
defense articles and items identified on the United States
Munitions List (“USML”) and the Commerce Control List (“CCL”)
without first obtaining export licenses.

The defendants also allegedly conspired to conceal from the
United States that those items were being shipped from the Port of
Baltimore in Maryland to Nigeria and at least one other location in
Africa. The defendants and their co-conspirators allegedly
contributed funds for the purchase of firearms, ammunition,
reloading materials and other equipment for shipping overseas. The
indictment alleges that the defendants and their co-conspirators
communicated about their efforts and plans to ship weapons and
ammunitions using an on-line encrypted messaging application and
code words in order to conceal their activities.

As detailed in the indictment, the defendants and other
conspirators concealed the firearms, ammunition, rifle scopes, and
other items in heavily wrapped packages and duffle bags, and inside
sealed compressor units, placing those items into a shipping
container destined for Nigeria without obtaining the requisite
licenses from the U.S. Department of State and the U.S. Department
of Commerce.

Further, as part of the conspiracy, one of the co-conspirators
allegedly caused the submission of electronic export information to
the U.S. government for the container which listed materially false
information as to the identity of the exporter and the intermediate
and ultimate consignee, as well as the ultimate destination of the
container’s contents.

Specifically, the indictment alleges that on January 17, 2019,
the defendants and their co-conspirators exported, attempted to
export, or caused to be exported to Nigeria articles on the USML
the export of which was controlled under the Arms Export Control
Act, without first having obtained the required license or written
approval from the U.S. Department of State, specifically: 38
semi-automatic firearms; over 35,000 rounds of ammunition; and 44
magazines.

On that same day, the defendants allegedly exported to Nigeria
one Bushnell Trophy Rifle Optic and one Burris AR Rifle Scope, the
export of which were controlled under the Commerce Control List,
without first having obtained the required license or written
approval from the U.S. Department of Commerce. Finally, the
indictment alleges that the defendants transported 28 firearms with
obliterated serial numbers, including 18 rifles.

If convicted, the defendants each face a mandatory sentence of
five years in federal prison for the conspiracy; a maximum of 20
years in federal prison each for violating the Arms Export Control
Act and for violating the Export Control Reform Act; and a maximum
of five years in federal prison for transportation of a firearm
with an obliterated serial number. Actual sentences for federal
crimes are typically less than the maximum penalties.

A federal district court judge will determine any sentence after
taking into account the U.S. Sentencing Guidelines and other
statutory factors. The defendants are each expected to have an
initial appearance this afternoon in U.S. District Court in
Baltimore, before U.S. Magistrate Judge Thomas M. DiGirolamo
beginning at 3:00 p.m.

An indictment is not a finding of guilt. An individual charged
by indictment is presumed innocent unless and until proven guilty
at some later criminal proceedings.

Seven defendants have been charged in related cases and of those
six have pleaded guilty and are awaiting sentencing.

Acting United States Attorney Jonathan F. Lenzner commended HSI
and the ATF for their work in the investigation. Mr. Lenzner
recognized the U.S. Department of Commerce, Office of Export
Enforcement; U.S. Department of State Diplomatic Security Service;
Department of Defense Office of Inspector General, Defense Criminal
Investigative Service; the Naval Criminal Investigative Service;
and the U.S. Postal Inspection Service for their contributions to
the investigation. Acting U.S. Attorney Lenzner thanked Assistant
U.S. Attorney Kathleen O. Gavin, who is prosecuting the federal
case.

Baltimore, Maryland – A federal grand jury has returned an
indictment charging three Maryland men for the federal charges of
conspiracy, violation of the Arms Export Control Act and the Export
Reform Control Act, related to the export of firearms and
ammunition from the United States to Nigeria. Charged in the
indictment, which was returned late yesterday, are:

Wilson Nuyila Tita, age 45, of Owings Mills, Maryland;
Eric Fru Nji, age 40, of Fort Washington, Maryland; and
Wilson Che Fonguh, age 39, of Bowie, Maryland.

The indictment was announced by Acting United States Attorney
for the District of Maryland Jonathan F. Lenzner; Special Agent in
Charge James R. Mancuso of Homeland Security Investigations (HSI)
Baltimore; and Special Agent in Charge Timothy Jones of the Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field
Division.

According to the four-count indictment, from at least November
2017 through July 19, 2019, the defendants conspired with each
other and with others to export from the United States to Nigeria
defense articles and items identified on the United States
Munitions List (“USML”) and the Commerce Control List (“CCL”)
without first obtaining export licenses.

The defendants also allegedly conspired to conceal from the
United States that those items were being shipped from the Port of
Baltimore in Maryland to Nigeria and at least one other location in
Africa. The defendants and their co-conspirators allegedly
contributed funds for the purchase of firearms, ammunition,
reloading materials and other equipment for shipping overseas. The
indictment alleges that the defendants and their co-conspirators
communicated about their efforts and plans to ship weapons and
ammunitions using an on-line encrypted messaging application and
code words in order to conceal their activities.

As detailed in the indictment, the defendants and other
conspirators concealed the firearms, ammunition, rifle scopes, and
other items in heavily wrapped packages and duffle bags, and inside
sealed compressor units, placing those items into a shipping
container destined for Nigeria without obtaining the requisite
licenses from the U.S. Department of State and the U.S. Department
of Commerce.

Further, as part of the conspiracy, one of the co-conspirators
allegedly caused the submission of electronic export information to
the U.S. government for the container which listed materially false
information as to the identity of the exporter and the intermediate
and ultimate consignee, as well as the ultimate destination of the
container’s contents.

Specifically, the indictment alleges that on January 17, 2019,
the defendants and their co-conspirators exported, attempted to
export, or caused to be exported to Nigeria articles on the USML
the export of which was controlled under the Arms Export Control
Act, without first having obtained the required license or written
approval from the U.S. Department of State, specifically: 38
semi-automatic firearms; over 35,000 rounds of ammunition; and 44
magazines.

On that same day, the defendants allegedly exported to Nigeria
one Bushnell Trophy Rifle Optic and one Burris AR Rifle Scope, the
export of which were controlled under the Commerce Control List,
without first having obtained the required license or written
approval from the U.S. Department of Commerce. Finally, the
indictment alleges that the defendants transported 28 firearms with
obliterated serial numbers, including 18 rifles.

If convicted, the defendants each face a mandatory sentence of
five years in federal prison for the conspiracy; a maximum of 20
years in federal prison each for violating the Arms Export Control
Act and for violating the Export Control Reform Act; and a maximum
of five years in federal prison for transportation of a firearm
with an obliterated serial number. Actual sentences for federal
crimes are typically less than the maximum penalties.

A federal district court judge will determine any sentence after
taking into account the U.S. Sentencing Guidelines and other
statutory factors. The defendants are each expected to have an
initial appearance this afternoon in U.S. District Court in
Baltimore, before U.S. Magistrate Judge Thomas M. DiGirolamo
beginning at 3:00 p.m.

An indictment is not a finding of guilt. An individual charged
by indictment is presumed innocent unless and until proven guilty
at some later criminal proceedings.

Seven defendants have been charged in related cases and of those
six have pleaded guilty and are awaiting sentencing.

Acting United States Attorney Jonathan F. Lenzner commended HSI
and the ATF for their work in the investigation. Mr. Lenzner
recognized the U.S. Department of Commerce, Office of Export
Enforcement; U.S. Department of State Diplomatic Security Service;
Department of Defense Office of Inspector General, Defense Criminal
Investigative Service; the Naval Criminal Investigative Service;
and the U.S. Postal Inspection Service for their contributions to
the investigation. Acting U.S. Attorney Lenzner thanked Assistant
U.S. Attorney Kathleen O. Gavin, who is prosecuting the federal
case.