Prosecutor wants tough sentence for man in $56K lottery cheque fraud

A state prosecutor believes that a man who obtained $75 000 from FirstCaribbean International Bank with a fake lottery cheque six years ago should either be jailed or fined heavily.

Making sentencing submissions in the fraud case of Melvin Nolan Cumberbatch, State Counsel Paul Prescod told the No. 4 Supreme Court, “The bank lost $75 000 and I do not think the state should be entertaining this thought that ‘The bank money is insured’. That has nothing to do with it! The issue is that if you provide a fraudulent cheque and get money and go about the place and spend it—you are a businessman, so a fine of $45 000 with $10 000 to $15 000 paid forthwith and given time to pay the balance within the circumstances.”

Cumberbatch, of Lammings, St Joseph, admitted earlier this year that between January 8 and 19, 2019, with intent to defraud, he forged a Bank of Nova Scotia cheque dated January 4, 2019, payable to him, for $75 000, drawn on the account of IGT Global Services Limited, the operators of the Barbados Lotteries.

He also pleaded guilty that during that same period, he obtained from CIBC FirstCaribbean International Bank $75 000 using a forged Nova Scotia cheque made payable to him and drawn on IGT Global services account.

Insisting that the threshold for custodial sentence was crossed in both matters, Prescod noted that under the laws of Barbados, the maximum sentence for persons for uttering a forged instrument was life imprisonment, and 14 years imprisonment for obtaining.

The prosecutor outlined several aggravating factors, including that the convicted man opened a new account to deposit the cheque and withdrew $55 000 immediately before making multiple withdrawals in a brief period, and $71 000 of the funds were not recovered.

Mitigating in Cumberbatch’s favour was his cooperation with police, his favourable pre-sentence report, his remorse and his dated criminal record—the last conviction being in 2013.

Prescod urged the court to consider a starting point of 10 years for the offences, with deductions of one year for mitigating factors and a one-third discount for Cumberbatch’s early guilty plea.

In contrast, defence counsel Simon Clarke, who represents Cumberbatch, submitted that his client should pay a fine of $25 000, with $10 000 due immediately and the outstanding sum payable in one year—or be given a starting sentence of four years with deductions taken for mitigating factors and his early guilty plea. He acknowledged the aggravating factors of the offence—that it was done for financial gain and his client’s participation in a deceptive scheme—but balanced with those mitigating factors, including that Cumberbatch was not the mastermind of the crime and there was no use of violence.

Clarke urged the court to temper justice with mercy and impose a non-custodial sentence.

Addressing the court, the convicted man said, “I apologise to the court. I apologise to my family and I am asking for the court’s leniency.”

Justice Laurie-Anne Smith Bovell adjourned sentencing until September 12, advising Cumberbatch: “Start gathering money so that when you return, you can pay the forthwith part of the fine, Sir.”

According to the facts, Cumberbatch had gone to the bank and attempted to deposit the cheque into his son’s dormant account, but was told he would have to open a new one. He returned the next day, opened the new account and deposited the cheque, telling bank personnel that he had won the funds in the lottery. He was informed he would have to wait three business days for the cheque to clear.

On January 11, he withdrew $55 000 over the counter, saying he needed to pay his workers. Over the following week, Cumberbatch continued to withdraw via ATMs and make purchases with his card attached to that account, obtaining $71 469 in total.

On January 17, the site manager of IGT Global raised concerns about a returned cheque that did not match the company’s internal records, which showed no indication of a winner named Cumberbatch. The police were contacted, and he was taken into custody.

Cumberbatch had told police that he had met a Guyanese national named Rawle Lewis while working at Coverley. Lewis allegedly told him he had won money but was unable to collect it due to his immigration status. According to Cumberbatch, they agreed that he would collect the winnings, withdraw the funds, and receive 10 per cent and make the withdrawals.