ATM scammer could be released soon after serving time on remand

The Argentine fraudster who scammed Barbadians out of tens of thousands of dollars could soon be leaving Her Majesty’s Prison Dodds and returning to his homeland.

Defence attorney Andrew Pilgrim QC on Friday told the court that the two years which Joaquin Alberto Lobos of Caseros, Buenos Aires had served on remand in prison should be deemed as time served to allow him to be reunited with his family.

Lobos had previously pleaded guilty to two counts of theft amounting to $88,070 from CIBC First Caribbean International Bank.

He also pleaded guilty to two counts of money laundering in that he had the sum in his possession being the proceeds of crime.

Lobos used a skimmer at ATMs to read access data from bank cards and steal the money.

Pilgrim suggested to Justice Randall Worrell in the No.2 Supreme Court that the time served was sentence enough.

Lobos was not the “big kahuna” but rather the “fall guy”, the Queen’s Counsel declared.

The Queen’s Counsel said the actions of his client were “strange” as he previously held a clean record in Barbados and Argentina.

He also argued that a presentencing report was favourable to the now-convicted man.

Pilgrim said: “All parties interviewed were clearly of the view that this was an anomaly and this is very strange behaviour for him. As the court knows when this journey began Mr Lobo was very much unable to speak English at all but in the period he has conveyed to me the grief and agony that this matter has brought especially on his ageing parents. I know that this has taken a heavy toll on Mr Lobo and he deeply regrets going through the whole situation and the damage and injury and loss he has caused to his family.

“I urge the court to find that in terms of the profile of the offender he has an excellent profile and it is just this aberration, this blot on him because of this foolish act that he committed with the view to hoping to finance his mechanic business… and I urge the court to find that this is a terrible error that he made and an error for which he has paid dearly.”

In response to Crown Counsel Keith Robertson’s suggestion that Lobos’ starting sentence for the theft offences be seven years, Pilgrim said five years would be more appropriate.

The QC noted that while it was a serious offence all of the monies stolen had been returned.

Prosecutor Robertson had earlier asked the court to consider starting sentences of seven years for both the theft and money laundering charges.

He said Lobos had stolen money from more than 27 customers and caused them significant grief.

Robertson argued that in relation to the offence the aggravating factors far outweighed the mitigating factors.

It was the Crown’s contention, said Robertson, that Lobo’s crimes had a “high level of planning and sophistication”.

The prosecutor said as a result, while he considered a starting point of six years for the theft it should be increased by one year.

Robertson pointed out that considering his two years on remand and the one third discount for his early guilty plea, it meant Lobos should serve a remaining two years at HMP Dodds.

In relation to the money laundering charge, he maintained that the $88,070 stolen by Lobos was a “significant amount.”

He also contended that while Lobos did not act alone, he played a major role in the scam and was motivated by financial advantage.

The prosecutor said the convicted man should be credited for his time served and the usual one-third discount for his early guilty plea.

As a result, Robertson said the Crown was willing to accept time served for this offence.

The prosecutor then said: “The Crown is therefore submitting that an appropriate sentence in this matter for this offence would be a prison sentence of three years after the aforementioned discounts are applied.

“It would be remiss of the Crown not to highlight in this submission that given that Mr Lobos will likely be returned right away to Argentina after he has served any sentence handed down by this honourable court and given the amount of time he has spent on remand the Crown is of the opinion that a sentence of time served will also be an option open to the court in this matter.”

Justice Worrell adjourned the hearing until December 6, when Lobos is to be sentenced.