UNITED STATES OF AMERICA v. BABAJIDE G. ADEFUSI

Holding: The Seventh Circuit affirmed the district court's denial of the motion to dismiss, holding that the prior plea agreement did not bar the Central District of Illinois from prosecuting the defendant for wire fraud.
Standard: de novo review of plea agreement interpretation
Vote: Panel Decision
Practical effect: Prosecutors in one federal district are not automatically bound by plea agreements entered into by prosecutors in another district unless the agreement explicitly states otherwise.

The Seventh Circuit affirmed the denial of a motion to dismiss a wire fraud indictment. The court held that a prior plea agreement with a different U.S. Attorney's office did not bar prosecution by the Central District of Illinois.

Background

In 2018, Babajide Adefusi pleaded guilty in the Southern District of Texas to aiding and abetting passport fraud under a plea agreement that promised no further prosecution for offenses arising from that scheme. The agreement explicitly stated it bound only the U.S. Attorney’s Office for the Southern District of Texas. In 2023, the U.S. Attorney’s Office for the Central District of Illinois indicted Adefusi for conspiracy to commit wire fraud involving similar factual conduct. Adefusi moved to dismiss, arguing the prior plea agreement barred the new prosecution. The district court denied the motion, and Adefusi entered a conditional guilty plea to appeal the ruling.

The court’s reasoning

The Seventh Circuit reviewed the plea agreement as a contract, interpreting its language objectively. The court found Paragraph 11 of the agreement unambiguous, stating it binds only the U.S. Attorney’s Office for the Southern District of Texas and does not bind any other United States Attorney. The court rejected the argument that Paragraph 10 created a separate, broader promise, noting that such an interpretation would render Paragraph 11 meaningless. Because the agreement was unambiguous, the court did not consider extrinsic evidence or the circuit split regarding ambiguous references to the United States.

What it means going forward

Prosecutors in one federal district are not automatically bound by plea agreements entered into by prosecutors in another district unless the agreement explicitly states otherwise.