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Today's Date: 07 February 2012
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Credit card skimmers sentenced
By: Stuart Wilson | stuart@cfp.ky
29 July 2010

Two men were sentenced this week for their part in a credit card scam in which they bilked thousands of dollars from unsuspecting cardholders.

Patrick Virgo, 33, and Marc Thompson, 22, were sentenced by Magistrate Nova Hall in Summary Court on 26 July after they both had pleaded guilty. They were involved in a scheme known as skimming, in which credit card numbers were stolen from at least 21 people, with charges totalling around $40,000.

However, the Crown accepted pleas that represented just a little over $2,000.

Virgo was sentenced to six months in prison and ordered to be deported to Jamaica upon his release. His time spent in custody will be discounted.

Thompson received two months’ imprisonment, which was suspended for two years, in addition to being ordered to pay $2,000 or serve 30 days in prison.

In mitigating on behalf of his client, attorney Keith Collins said Virgo worked as an audio visual manager in Grand Cayman during the time of the offences. He said his client is married and the father of three children, who are dependent on him. He also said that Virgo had only benefited from a little over $2,000 and had pleaded to the offences, to that extent, to which the Crown agreed.

“The best mitigation is a guilty plea,” said Mr. Collins. He said Virgo also assisted police with the investigation and helped make officers more attuned to credit card crimes as a result of his input.

Virgo also supplied police with the skimming machine that he had given to Thompson while the latter was working at a local pub.

Mr. Collins told the court that Virgo told police how banks could help their customers avoid being taken advantage of in the future by educating them. The attorney said much of the information taken directly from Virgo’s interview with police was later televised by the Royal Cayman Islands Police Service as tips on how to avoid being victimized by credit card fraud.

According to the Social Inquiry Report on Virgo, the defendant was motivated by an urge to beat the system, as opposed to trying to benefit financially. His attorney noted that Virgo had a good job and thus there was little incentive for financial gain.

However, the report said that with “beating the system” as an underlying factor for Virgo’s crimes, the likelihood of his re-offending was high.

Mr. Collins said he disagreed with this aspect of the report and reminded Magistrate Hall that Virgo had lost everything.

In mitigating on behalf of Thompson, attorney Lucy Organ said the men should be treated differently, as her client was only 22 and was the lesser player.

She said Thompson was given the skimming machine by Virgo and the only benefit her client received was $500 for supplying information about various cards at $50 per card. She added that he made full admission of his wrongdoing when confronted.

Ms Organ said Thompson told police about Virgo, leading to Virgo’s subsequent arrest.

Further, she said, Thompson is Caymanian and lost his employment as a result of the crime. Thompson is also expecting a child and planning to relocate to Brazil with his pregnant girlfriend, according to Ms Organ.

She asked for a suspended sentence after handing up three character references and telling the magistrate that Thompson had withdrawn from his previous associations.

In sentencing the men, Magistrate Hall said she did not think they should be dealt with differently, as one needed the other. She said one cannot blame the folly of youth for crime, adding that Thompson had advantages that many other youngsters did not have.

 
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CaymanMermaid
COURTS TOO LENIENT
Posted by CaymanMermaid on 7/29/2010 3:37:59 PM

Once again, we see where the legal system let us down. Only high fines and stiffer penalties, including mandatory jail time, will stop people from committing these crimes. A $2,000 fine!!! What a JOKE!!!! Any idiot knows that a $2,000 fine is worth the risk when you are looking at making THOUSANDS on skimming credit cards. Here, they got $40,000. Many times it's much more. It's a no-brainer -- to a criminal, it's worth the risk. $2,000 is NO deterrent, who are they kidding. Why waste everyones time.

Editor's note: This comment has been edited for legal reasons.
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Beach Boy
Credit card skimmers sentenced
Posted by Beach Boy on 7/29/2010 12:48:39 PM

A suspended sentence and $2,000 fine is not even a slap on the wrist. How are we supposed to deter criminal enterprise if we keep letting criminals to free????????

Editor's note: This comment had to be edited for legal reasons.
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4Cayman
Credit card skimmers sentenced
Posted by 4Cayman on 7/29/2010 8:18:49 AM

Having your credit card information stolen is a violation against not only the bank but also the card holder. This personal violation causes problems beyond the loss of funds, it also undermines trust in our society. Yet another factor eroding our social fabric.
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