Fitness instructor 33-year-old Ersan Michael Francis of Morne Prosper has until December 31, 2022, to pay a fine of $8,000.00 or he will spend six months in jail. He pleaded guilty to a charge of attempting to steal $8,000.00 at the NCCU ATM at ACS 7-11 on High Street.
He also pleaded guilty to possession of 12 magnetic fraudulent cards and he was given a 15 months jail sentence suspended for 2 years. On the third charge of using 12 fraudulent magnetic stripe cards, he also pleaded guilty but got no separate penalty. All the charges carry a penalty of $30,000.00 and or 2 years in jail.
According to the facts, on the evening of September 7, 2022, Internal Auditor at the National Credit Union (NCCU) Marcel Harrigan alerted the place at about 21:58 hours of a fraudulent transaction taking place at the ATM on High Street. Within minutes the police were on the scene and met Francis. When questioned and searched, the cards were found in his possession and he told police, “Officer, I found them in the Gardens and decided to try it out.”
He was taken to police headquarters and again told police that he had gotten the cards at Gardens saw they had PIN numbers on them and decided to try them to get some cash. A search warrant was executed at his home but nothing illegal was found. The Credit union also provided the police with video footage of his transaction that evening. During the interview with the police he admitted to the offenses and he apologized for his action.
Mitigation
Wayne Norde in his mitigation told the court that his client was a “fitness instructor” who has a growing business and was very remorseful for his action. “He is very remorseful for his actions and regrets every bit of it…he has not wasted the courts time and pleaded guilty, we are asking you to be merciful on this young striving businessman,” Norde told the court.
He also told the court that throughout the investigations and to the end of the matter in court his client has maintained his position that the cards were found at the “Gardens.”
“He was over curious and erred in attempting to retrieve cash, don’t send him to prison, give him another chance, we also ask that his clothes be returned to him,” Norde said.
Sentencing
I have heard the plea from your lawyer but the question to be asked is what does the Dominica public want given the fact that we have an escalation of fraudulent cards being used at ATM Machines,” the Magistrate said. He said that the public wants the court to send a clear message that such actions cannot and will not be tolerated.
“Because of your actions and that of others, the Dominican public suffers, I am warning you to stay away from debit and or credit cards,” the Magistrate said. He then imposed the $8,000.00 fine and the 15 months jail sentence suspended for two years. Francis is a first time offender to the court.