Bulgarian fined $10k for ATM fraud

Magistrate Pearl Williams has imposed a $10,000.00 fine on a Bulgarian man, Nedyalko Barbanakov following his guilty plea to two charges of Automated Teller Machine (ATM) fraud. The 47-year-old man recently appeared before the court charged with Possession of Counterfeit Cards and Unlawfully Obtaining Credit in the sum of $3,500.00 from the ATM belonging to the National Cooperative Credit Union (NCCU).

Facts

According to the facts of the case, presented to the court by Police Prosecutor, Sergeant David Andrew Jr., Barbanakov arrived in Dominica on September 1, 2023. On September 6, 2023, at about 10:45 p.m., acting on reliable information, Constable Bobb along with other police officers of the Criminal Investigations Department (CID), went on duty at the ATM of NCCU on High Street, Roseau.

On arrival, Barbanakov could be seen utilizing the ATM. He was then approached by the officers who identified themselves to him. He provided his name and address to the police and when searched, multiple cards as well as a
quantity of cash Eastern Caribbean Dollars were found in his possession. Four of the said cards were marked Wise Visa infinite, Scotiabank, iCard VISA, and American Express.

Under caution, he was questioned by Constable Bobb about his actions, to which the non-national responded, “You caught me, I’m wrong but I’m not a bad person.” Barbanakov was subsequently arrested on suspicion of Possession of Counterfeit Cards and he, along with the seized items,  was transported to the CID.

There, an interview was conducted with the Bulgarian man with the assistance of a certified Spanish interpreter.
During the said interview, after each question posed to Babanakov he replied “No comment.” The cash found in his possession was counted and amounted to $3,500.00 ECD and four receipts from the NCCU ATM used by him were also kept by the police to be used as an exhibit in the matter.

The following day, September 7, 2023, Constable Bobb received a report from Marcel Harrigan the Internal Auditor of NCCU which outlined in detail the fraudulent and unlawful transactions to obtain money from the ATM  by Babanakov as well as footage and a card that was used in the process. Consequently, the charges were preferred against him.

Plea in mitigation

Unrepresented at the hearing, the defendant in his plea in mitigation to the court through the assistance of an interpreter, expressed remorse for his actions. He stated, his sole mission in Dominica was to seek business opportunities and explore the island.

“I would like to ask pardon to the Dominican public for [my] behavior. What I did was wrong because I tricked the Dominican public but I myself was tricked too as well and I did not use all the cards which I was found with.”

According to the Bulgarian, the money withdrawn from the ATM was not taken from any member of the NCCU’s account but from an outside account.

“My friend gave me the card and told me to use it if ever I am in need or if I was in an emergency. I know my name is not on the card so I pleaded guilty.”

However, Magistrate Williams informed Babanakov that the numbers on the card were different from the magnetic stripe and the cards were expired, to which he maintained that he had no knowledge.  The non-national pleaded for a noncustodial sentence as according to him, he is the breadwinner of his family and his wife and four children who reside in the Dominican Republic are dependent on him.

“Again, I am asking pardon,” he begged. “In life, these things happen but it is [the] first time I am getting in trouble like this.”

Magistrate Williams in passing sentence informed Babanakov that the maximum penalty for the offense is $30,000.00. She however established a starting point of 20% of the max sentence. Based on the aggravating and mitigating factors for both the offense and the offender, the sentence was adjusted upward or decreased.

An aggravating factor that the Court considered was the fact that there was some level of sophistication during the commissioning of the offense and the defendant had breached some level of trust.

Credit was given to the defendant as a first-time offender in the jurisdiction and he was further granted a one-third discount for his guilty plea. On the charge of Possession of Counterfeit cards, the sentence of the Court was a forthwith fine of $10,000.00. In default of payment, Babanakov will be imprisoned for six months.

The Magistrate imposed no separate penalty for the charge of Unlawfully Obtaining Credit and the $3,500.00 was restituted to the NCCU.