Judge jails fraudster despite plea to pursue Crop-Over music

A High Court judge has sentenced a repeat fraud offender to four years in prison, rejecting his plea for a non-custodial sentence so he could pursue songwriting for Crop-Over.

Justice Laurie-Anne Smith Bovell pointed to a negative pre-sentence report in handing down the prison term to Rodney White of Deacons Farm, St Michael.

She said: “The court noted that you asked not to be incarcerated, but it is clear from the presentence report that you do not have the means or the family support that would permit you to be considered for a fine. Further from the report it indicated that you support yourself through the illegal activity of drug selling. To impose a fine on you would make a mockery of the justice system and only encourage you in further illegal activity which would erode the public’s confidence.”

In an earlier session of the Continuous Assizes, White admitted to a nine-count indictment, including charges of writing, obtaining and laundering forged cheques, between May 23 and 30, 2019.

White, intending to defraud, wrote three forged CIBC FirstCaribbean International Bank cheques dated between May 23, 2019 and May 30, 2019, each made payable to Victor Omar Gill for $990.54 and drawn on the account of the National Insurance Scheme. He also obtained funds from Landmark International using the forged cheques and he spent the money as proceeds of crime.

In the No. 4 Supreme Court on Friday, the judge noted that the pre-sentence report assessed him as a high risk of reoffending and found that he lacked the means or family support to pay a fine and supported himself through drug sales.

She sentenced him to three years and 148 days for each count of forgery, four years and 88 days for obtaining, and two years and 270 days for money laundering. The sentences will run concurrently.

The judge said: “Crimes of a financial nature like forgery, uttering forged documents and money laundering wreak havoc on our banking and financial system and have serious effects on our economy no matter how small or large the sums involved. I am sure we have seen that many businesses no longer accept cheques as a means of payment. Fraud in whatever manner leads to increased regulations in the financial and business sectors, which adversely affects the ease of doing business both locally and internationally.

“The government has had to do much work and invest a great amount of time in putting processes in place to have itself removed from the Financial Action Task Force grey list. Whether the amount laundered is large or small, the systems are affected, and it impacts on all members of society as we go about our banking and financial business.”

Justice Smith-Bovell found several aggravating factors, including the level of sophistication and planning involved in making the cheque and identification appear authentic, the involvement of more than one person, the financial harm to businesses that honoured the cheques and to the National Insurance and Social Security Service, the fact that no money or additional cheques were recovered, and that the offences occurred over several days.

She set starting points of six years for forgery, eight years for obtaining and five years for money laundering, before adding one year to each for White’s 15 previous convictions, two of which were for theft and robbery.

He was credited for his guilty plea, time on remand and delays in the case, resulting in reduced sentences.

White presented the fraudulent cheques to Savings Plus supermarket and Maximum Discount, provided identification matching the names on the cheques, and obtained goods and cash, the court heard. The businesses later reported the matter after being alerted that the cheques were fraudulent.

He told detectives that he was on Nelson Street when he was approached by a man whom he did not know, driving a black BMW. The man asked him if he wanted to make fast money. He agreed, as he was unemployed. The man took his photograph and later returned with eight National Insurance cheques payable to Victor Gill, along with a matching ID card.

White said all the cheques bore the same name and amount but had different numbers.

The arrangement was that White would give the man a portion of the money after cashing the cheques. But he told police that he did not intend to share the proceeds.

He admitted selling items bought with the forged cheques and spending the cash obtained.

Justice Smith-Bovell dismissed the “elaborate” story, calling it  “incredulous and unbelievable”.

In his submissions to the court, White pleaded that a custodial sentence not be imposed indicating that he now had a skill, was working on himself and trying to keep out of trouble and that if he remained out, he could use his talent of writing songs and taking part in the Crop Over season. 

State Counsel Maya Kellman prosecuted the case.

(JB)