Hajia4Reall’s case: ‘Unjust enrichment’ lawsuits are the easiest cases to win judgment on

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Conviction and financial reparation are straightforward in cases of ‘unjust enrichment’ or ‘defrauding by false pretenses’ when:

1. The perpetrator’s true identity is revealed.
2. Evidence exists of bank and other transfers.
3. A paper trail demonstrating the perpetrator’s fraudulent intent when committing the act.

Plea Deal

Mona Faiz Montrage aka Hajia4Reall’s legal team is aware of this, which is why she appears to have sought a plea deal after pleading guilty to one of the charges.  That charge involved conspiring to accept stolen money.

It is likely to be a plea agreement given the Justice Department’s May 2023 Press Release which announced the unsealing of a six-count indictment charging MONA FAIZ MONTRAGE with her role in a series of romance schemes and laundering the proceeds of those schemes.

The State Department’s press statement notes that EACH of the original four charges: conspiracy to conduct wire fraud, wire fraud, money laundering conspiracy, and money laundering, carries a potential penalty of 20 years in prison.

There were also two other offenses on file: one for receiving stolen money, which carries a maximum sentence of ten years in jail, and one for conspiring to accept stolen money, to which she now pleads guilty.

Mona’s voluntary flight from Heathrow to JFK in May 2023 to face the criminal case in the Southern District of New York most likely aided her in obtaining a plea deal in which the charges were reduced from six original charges to one charge. The voluntary flight was referred to in her legal team’s press release posted on her Instagram on February 21, 2024. Voluntary submission saves time for US officials who would otherwise have to prepare an extradition bid even if she had already been arrested by U.K authorities at the request of the FBI. In terms of mitigation, her submission to US authorities to face justice also demonstrates accountability and remorse.

Ultimately, Hajer faces up to five years in prison for one count of conspiring to accept stolen money. This is the lowest charge she could have faced; thus, a plea agreement was undoubtedly negotiated in this instance.

Hajia is scheduled to be sentenced by United States District Judge Paul A Crotty on an undetermined date.

The judge will consider the mitigating and aggravating elements in her case when considering how many years she will be imprisoned. Prosecutors in the United States will present evidence of aggravating factors that justify a hefty sentencing.

Past record of similar convictions is a typical aggravating circumstance, but it does not appear to be present in this case. Other aggravating factors typically relate to the circumstances of the offense itself, such as what has already been specified by the State Department: Namely that Hajia-

1. Participated in multiple romance scams, often targeting elderly victims.
2. Resulting in over US$2 million in fraudulent funds under her control.
3. Was part of an organized criminal network that committed fraud against individuals and businesses in the US, including romance scams.
4. The perpetrator tricked victims into believing they were in romantic relationships while actually being a member of a criminal organization.
5. Members of the Enterprise assumed a false identity. In this case, one witness stated that Hajer tricked him by mailing him a tribal marriage certificate claiming to indicate that she and the victim were married and convincing him to wire 82 bank transfers totaling approximately US$89,000 under false pretenses. It was done under false pretenses since she promised the victim that the money would be utilized to help with her father’s farm in Ghana. This victim was vulnerable because of his age, which makes it an aggravating factor when the judge evaluates the offense.
6. Received significant amounts as part of a long-term criminal conspiracy. We know she must have earned extremely large sums of money with this criminal enterprise not only because of the residences and cars she flaunted on social media, but also because her legal team can guarantee to pay a forfeiture of US$2,164,758.41 and provide restitution to the victims of the same amount, US$2,164,758.41.
7. Hajia is well-known and has flaunted the wealth she gained from the crimes on social media, so the US Department of Justice, federal prosecutors, federal court, FBI, US Marshals Service, US Border Protection, and US Embassy in Ghana may want to make a global example of her, as these departments are all working hard to hold fraudsters who target vulnerable groups of people accountable. They may also want to demonstrate that an influencer who at one point had 3.4 million Instagram followers and one of the top ten profiles with the most followers in Ghana can be brought to justice.
8. While she has pleaded guilty to one charge that has been accepted by the prosecution, and her admission potentially shows the judge that she is remorseful for her crime and saves the court time by not having to pursue a full trial; the bold statement released on Hajia’s Instagram page does not entirely help her. This is because she claims that her plea does not define her as a person, but the judge may disagree, and it does not indicate complete remorse of something that cost elderly people their life savings.

As a lawyer, I would imagine state Prosecutors are likely to mention these type of aggravating factors and ask the judge to sentence her to 3-4 years in jail. Especially so since the remaining 5 other were not pursued by the prosecution. Ultimately, the judge will make the final decision on how much jail time she is sentenced to.

Mitigating factors in this case include;

1. Hajia’s voluntary flight to the U.S. from London.
2. Hajia pleading guilty to receiving funds from illicit conduct that allegedly ended a long time ago in 2019 (although the Prosecutors may argue her actions went on long past 2019).
3. No evidence Hajia particularly played a leadership role in a large-scale African criminal enterprise. If evidence exists, she instead persuaded or manipulated other participants in the offense, a leadership role would be considered an aggravating factor.
4. Hajia has already agreed to pay US$2,164,758.41 in forfeiture and S$2,164,758.41 in restitution to the victims.

The aggravating circumstances exceed the mitigating factors in this case, and four out of the five charges initially presented by the prosecution have been laid to rest on the file. In my professional opinion, the prosecutors could seek for four years in jail for Hajia, and it is ultimately up to the judge to decide.