IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA, )

Plaintiff, )

)

v. ) Case No. 20 CR 318

) Judge Robert W. Gettleman

OLALEKAN JACOB PONLE, )

Defendant. )

DEFENDANT’S UNOPPOSED MOTION FOR AN EXTENSION 

OF TIME TO FILE PRETRIAL MOTIONS

Defendant, OLALEKAN JACOB PONLE, by and through his attorneys, THOMAS 

ANTHONY DURKIN and MICHEL B. NASH, pursuant to Rule 12(c)(2) of the Federal Rules

of Criminal Procedure, and the Due Process and Effective Assistance of Counsel Clauses Fifth 

and Sixth Amendments, respectfully moves this Court to extend Defendant’s deadline to file 

pretrial motions, from October 29, 2021, to November 22, 2021, due to the government’s need 

for more time to provide information in relation to a potential pre-trial motion regarding the 

existence of a joint investigation between the FBI and the government of The United Arab 

Emirates (“UAE”). The government does not oppose this request and joins in it. 

In support of this motion, Defendant, through counsel, shows to the Court the following: 

1. On April 8, 2021, the Court granted undersigned counsel Michael B. Nash’s oral 

request for the appointment of co-counsel. (Dkt. #41). The Court appointed undersigned 

counsel Thomas Anthony Durkin as co-counsel on April 27, 2021, on which date Attorney 

Durkin also filed his appearance. (Dkt. ## 44, 45). 

2. On August 23, 2021, the Court ordered Defendant’s pre-trial motions to be due 

by October 29, 2021. (Dkt. #49). 

3. To date, undersigned counsel has received ten (10) voluminous discovery 

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productions from the government. As mentioned at previous status conferences, counsel for 

Defendant have also sent a detailed discovery letter to the government which requests, among 

other things, any documentation supporting the existence of a joint investigation between the 

FBI and the UAE. 1

4. Counsel have recently been informed by AUSA Melody Wells that the FBI has 

informed her of the existence of certain documents regarding some interaction or 

communications between the FBI and the UAE. Ms. Wells believes the government will be 

able to provide this information to counsel within the next two weeks. 

5. This information may well lead to further discovery requests and/or provide 

counsel with the opportunity to file a motion for further discovery based upon the existence of 

a joint investigation between the FBI and the UAE. Without belaboring the point or taking an 

unfounded position, suffice it to say that such a motion might well be critical to Mr. Ponle’s 

defense and provide a basis for other serious substantive pre-trial motions. Counsel are only 

asking for an extension of time for the filing of any pre-trial motions relating to or derived from 

the forthcoming discovery production.2

6. Under these circumstances, AUSA Wells has informed counsel that the 

government has no objection to the granting of this relief. 

7. This motion is made in good faith and not for purposes of delay. 

1 On July 2, 2020, with the assistance of the Dubai Police Department, the FBI located and arrested Defendant in 

Dubai and transported him in a private FBI aircraft from Dubai to Midway Airport in Chicago. Defendant had been 

arrested in Dubai approximately one month earlier. His treatment in Dubai and questioning regarding his involvement 

in terrorism is at the heart of a counsels’ discovery requests. 

2 The parties have reached an agreement regarding any stock pre-trial motions, such as the preservation of agents’ 

notes, Santiago, Brady, and the like. Counsel can also represent that the government has been quite forthcoming and 

accommodating with respect to discovery production and the sharing of information. 

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Respectfully submitted,

/s/ Thomas Anthony Durkin

THOMAS ANTHONY DURKIN,

One of the Attorneys for Defendant. 

DURKIN & ROBERTS

The Rookery Building 

209 S. LaSalle St., Suite 950

Chicago, Illinois 60604

Tel: (312) 981-0123

Email: tdurkin@durkinroberts.com

MICHAEL B. NASH

Attorney at Law

650 N. Dearborn Street, Suite 700

Chicago, IL 60654

Tel. (312) 420-8788

Email: mbnashchi@yahoo.com

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CERTIFICATE OF SERVICE

Thomas Anthony Durkin, Attorney at Law, hereby certifies that the foregoing was served on 

October 29, 2021 in accordance with Fed.R.Crim.P.49, Fed.R.Civ.P.5, LR 5.5, and the General Order on 

Electronic Case Filing (ECF) pursuant to the district court’s system as to ECF filers.

/s/ Thomas Anthony Durkin 

THOMAS ANTHONY DURKIN

DURKIN & ROBERTS

The Rookery Building

209 S. LaSalle St., Suite 950

Chicago, IL 60604

(312) 913-9300

tdurkin@durkinroberts.com

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