7 News Belize

Espinosa Attorney Speaks
posted (May 17, 2019)

Last night, we told you about Juan Espinosa, the Chilean national who pleaded guilty to preparation for a crime. Police say that he was attempting to steal the banking information of customers of Scotia Bank in at their Belize City and Dangriga ATM branches, which he would have then used to scam money from the bank and those customers.

As we told you, police say that they caught him and 2 other South Americans with pieces of equipment that could be used capture the personal information of customers using the bank’s ATMs, and its purpose was to steal money. Those 2 others got off that charge, but Espinosa decided after months of fighting it in the Magistrate’s Court, that he would accept guilt.

That’s a serious admission, and one which confirms the risk of banking fraud that bank customers face. We spoke today with Espinosa’s attorney about case, and the penalty for his guilty plea. Here’s what Hurl Hamilton had to say:

Hurl Hamilton - Attorney for Juan Espinosa
"There were 2 charges brought against Mr. Espinosa: 1 in Belize City, and 1 in Dangriga. But as you would remember, there were 3 individuals, 3 South Americans who were charged the offense of preparation to commit a crime. 2 of those South American Nationals, in the wisdom of the Director of Public Prosecutions, those matters have been withdrawn. I was representing the Colombian, Mr. Vargas, and Mr. Bradley was representing the Peruvian, Mr. Marroquin. But, the charges remained for Mr. Juan Espinosa. Mr Juan Espinosa decided to plead guilty to both of the charges."

"He was fined in Dangriga on the 27th of March. The learned Magistrate in Dangriga was of the view that, given the circumstances, rather than imposing a custodial sentence on Mr. Espinosa, a fine would be appropriate. Then, we move up to the 16th of May, which was yesterday. He was before the Chief Magistrate, similar offense. This one occurred in Belize City. And we argued as well that it wouldn’t be appropriate to impose a custodial sentence. The learned Chief Magistrate agreed that given the circumstances, would be appropriate. Now, the fine that was levied on Mr. Espinosa, both courts were of the view the maximum that is allowed by law, should be imposed, having regard to the evidence. So, he was fined 3 thousand dollars in Dangriga, and he was fined 3 thousand dollars in Belize. Both those fines were to be paid forthwith. Those fines have been paid."

Reporter
"It’s a very serious admission that your client made, that he’s tampering with ATM’s for the purpose of stealing from the bank’s customers. A very serious offense, and definitely, there is a public interest concern. What are your thoughts?"

Hurl Hamilton
"Well, indeed, and both magistrates highlighted that point, and I believe that he was sentenced appropriately."

Hamilton told us that the last word he received about Espinos is that the Immigration Department deported him, and that he left on a flight out of the country this morning.

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