Morne Prosper man slapped with $8,000 fine for attempting to steal from ATM with counterfeit cards

Ersan Michael Francis, a 33-year-old fitness instructor, has until December 31, 2022, to pay a fine of $8,000.00 to the court or a six-month jail sentence will be imposed upon him. Additionally, for the next two years, he must not commit any fraudulent offense or a 15-month suspended custodial sentence will be imposed.

This is as result of the Morne Proper’s man guilty plea to three charges preferred against him by the police for attempting to fraudulently obtain $8,000.00 from an ATM machine belonging to the National Cooperative Credit Union (NCCU), as well as the possession and trafficking of 12 magnetic stripe cards for an unlawful purpose.

According to the facts of the case presented to the court by Police Prosecutor Inspector Laville,  on September 7, 2022, at about  9:58 pm, Internal Auditor at the NCCU, Marcel Harrigan made a report to the police of a suspicious ATM transaction involving the use of counterfeit cards by a male individual.

Corporal Nichols along with other officers who were on mobile patrol in Roseau, responded to the report.  On arrival at the ATM machine at ACS 7-11 on High Street, Roseau, at 10:00 pm., the defendant was seen by the officers and Corporal Nichols approached him and identified himself. The Officer then informed Francis that he was arresting him for possession of counterfeit cards to which Francis responded, “Officer I found a card in the garden and I just decided to try it.”

Francis was then transported to the Criminal Investigation Department (CID) where he was searched and seven additional counterfeit cards were found in his possession.

Again he stated to the Officer, “I got them in the garden and I see they have pin numbers on them so I come and see if I could get some cash.”

The following day, a search was conducted of Francis’ home but nothing liable for seizure was found. During the course of the investigations, the Investigation Officer (IO) also obtained video footage from the NCCU of the defendant in the process of conducting the fraudulent transactions.

Following investigation by the police, the charges were brought against Francis on September 10, 2022.

At Monday’s hearing, defense attorney Wayne Norde who represented the accused, assisted by attorney-at-law Gina Abraham-Thomas, was able to sway Magistrate Michael Laudat in not imposing a custodial sentence.

According to the attorney, Francis, who is the proprietor of Caribbean Core Fitness, was very remorseful for his actions and deeply regretted having committed such an offense.

“He has pleaded guilty at the first opportunity thereby not wasting the court’s time. He is a father of a 10-year-old girl who is based in the US  but he still maintains. Your Honor, we are asking that you be merciful in your sentence of this very young striving businessman,” Norde stated.

The defense attorney further posited that Francis plays a very integral role in Dominica’s health sector.

“With his health and fitness business, he helps to keep  Dominicans alive, and sending him to prison will be to our disadvantage,” Norde stated. “As a first-time offender, with no previous convictions, we ask that in this circumstance the court impose a reasonable and fair fine to pay with time.”

He further argued that given that the charges stemmed from one transaction, the court should consider the totality principle and not give three separate penalties but one “fair sentence.”

“All dogs have a second bite so this very remorseful man is asking you for a second chance and asking you to not send him to prison,” Norde stated.

Before handing down his sentence, Magistrate Laudat coolly reproved the actions of Francis.

“I heard your attorney’s plea in mitigation but the question that must be asked is, what does the Dominican public want this court to do? There has been a wanton use and abuse of ATM machines with bogus cards and I am sure the public would like the court to send out a strong message,” Laudat pointed out.

He continued, “at the end of the day, it is the public who suffers because the financial institution will eventually limit the amount a person can withdraw. You have customers and they may be affected by your actions.”

The three charges all carry a maximum penalty of a fine of $30,000.00 or two years in jail or fine and confinement.

In constructing his sentence, Magistrate Laudat said the court will not deviate from the sentencing guidelines.

For the offense of attempting to fraudulently obtain $8,000.00 from the NCCU, Francis was fined $8,000.00 to be paid by December 31, 2022. In default, he will be imprisoned for six months.

For the offense of trafficking the 12 magnetic stripe cards, he was sentenced to 15 months in jail and suspended for two year with no separate penalty for the charge of possession of counterfeit cards.

“Stay away from bogus cards,” Magistrate Laudat admonished Francis prior to his release.