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U.S. v. Koflage

Valid Presidential Pardon Leads to Dismissal of Fraud, Related Charges Over Border Wall

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MEMORANDUM AND ORDER Defendant, Stephen Bannon, moves to dismiss the indictment against him pursuant to the pardon issued by President Donald J. Trump on January 19, 2021 (the “Pardon”). Pardon, ECF No. 79; Def. Mot., ECF No. 101. For the reasons stated below, Bannon’s motion is GRANTED. BACKGROUND On August 17, 2020, a grand jury in the Southern District of New York returned an indictment (the “Indictment”) against Brian Kolfage, Stephen Bannon, Andrew Badolato, and Timothy Shea (together, “Defendants”), alleging that they conspired to commit the crimes of wire fraud, in violation of 18 U.S.C. §1349, and money laundering, in violation of 18 U.S.C. §1956(h). Indictment, ECF No. 2. The Indictment sets forth the following allegations. In December 2018, through a crowdfunding website (the “Crowdfunding Website”), Kolfage initiated an online fundraising campaign that generated more than $20 million. Id.

3-5. According to webpage statements, the campaign planned to donate the money to the federal government for the construction of a wall along the southern border of the United States. Id. 3. Within a month, after questions arose concerning Kolfage’s background and the campaign’s stated purpose, the Crowdfunding Website suspended the campaign, warning Kolfage “that unless he identified a legitimate non-profit organization into which those funds could be transferred, the Crowdfunding Website would return the funds.” Id.

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