Venezuelan national Edwin Daniel Reyes Garcia charged with money laundering is now waiting to be deported from the State after he pleaded guilty to the crime and was deemed a “prohibited Immigrant by the court.
He was charged with Possession of Euro162,000.00 knowing or believing the same to be proceeds of crime and receiving Euro162,000.00 knowing or believing the same to be proceeds of crime and concealment of Euro162,000.00 knowing or believing the same to be proceeds of crime.
Brief Facts
On Sunday 4 July 2021 at about 12:45 pm Corporal Kenny Thomas of the Anti-Crime Task Force with other police officers and Customs was on an intelligence-driven operation in Marigot. Information received suggested that an illegal immigrant from Venezuela was being housed at one of the apartments owned by Paul Carlton at Toupu Junction Marigot.
On arrival at the premises and duly armed with a search warrant, Cpl Thomas attempted to have a conversation with Garcia, but the defendant did not understand English. A Haitian National who lived in another apartment and spoke English, French, and Spanish provided the translation. He gave police his name and stated that he had entered the country three months ago via a beach on an “open keel vessel” and was not in possession of a passport. He was informed of the search which he consented to. During the search, the police found a blue bag with multi-colored writing underneath the mattress, upon opening the bag, two clear plastic bags containing Euro currency were found. When questioned he admitted that the bag and the money belonged to him and the actual amount was Euro270,000.00, he came to Dominica to work, and “they” gave it to him. He refused to identify who gave it to him.
The cash was counted in the presence of his lawyer Wayne Norde and totaled Euro 162,000.00 (consisting of 266×500 notes and 145×200 notes)
He also had a Samsung cellular phone that the police took for investigations. On September 27, 2021, a report was received from the Regional Security System Digital Forensics Lab with a report detailing data with reference to a significant amount of Euro currency, wire transfer information to Colombia, and video clipping depicting the arrangement for the money transfer. In furtherance of their investigations, the Financial Intelligence Unit (FIU) interviewed the defendant who stated that he worked in construction and would obtain money a check was conducted on the construction sites in the North and Northeast, but the information received indicated that he was never employed and was unable to account for the large denomination of Euro. The Euro 162,000.00 which is equivalent to EC$486,000.00 was seized on July 4, 2021, and given to the FIU hence he was charged with money laundering. The charges were laid indictable which meant that he was not able to plead since it had to be tried at the High Court by a Judge and Jury.
After consultation with the Director of Public Prosecutions (DPP) and discussions with his lawyer Wayne Norde the indictable matters were dropped for summary trial and new charges were instituted for which he pleaded guilty.
DPP Sherma Dalrymple with State Attorney Daina Matthew conducted the State’s case before Chief Magistrate Candia Carette George.
Mitigation
In his plea of mitigation, defense Counsel Wayne Norde told the court that he was instructed, that his client was 31 years old and a businessman and has a daughter who was “aged 12 and very sick.”
“He pleaded guilty, has not wasted the court’s time, and is remorseful for his actions and for finding himself in such a situation,” Norde told the court. “The State will now benefit from the money, and he has already served his time in jail.”
He also told the court the mitigation factors grossly outweighed the aggravating factors and in compliance with the sentencing guidelines, he should be released as “time served.”
His views on time served were supported by the DPP who asked that the money be confiscated and deposited in the consolidated funds of the State. She also made an application that he is deemed a “prohibited Immigrant under the Immigration and Passport Act” and applied for his removal from the State.
Sentencing
In handing down her sentencing, Chief Magistrate Carette George, told the convict that what went to his credit was the fact that he had “pleaded guilty and not wasted the court’s time.” She also told him that he will be treated as “a first-time offender.”
“Taking all the circumstances into consideration and following the sentencing guidelines, you are sentenced to two (2) years in jail for possession of proceeds of crime, your sentence will also reflect your time served on remand,” she said. She also ordered that Euro 162,000.00 be confiscated and paid in the State Asset Forfeiture Funds under the Money Laundering Act.
She also granted the application by the prosecution deeming him a “prohibited Immigrant under the Immigration and Passport Act” and ordered his removal from the country under “proper escort.”