https://dominicanewsonline.com/news/homepage/homepage-carousel/fiu-secures-first-money-laundering-court-conviction-following-amendment-to-money-laundering-prevention-act/

Mckelson Ferrol, the Director of the Financial Intelligence Unit (FIU), has applauded the government of Dominica for the amendments to the Money Laundering Prevention Act chapter 73:03, which led to the first money laundering conviction in Dominica’s courts.

To classify money laundering as a hybrid offense, in August of 2022, the government modified the said act, following which, money laundering cases could be tried either at the magistrate’s court or at the High Court.

Six months thereafter, the FIU has successfully secured its first money laundering conviction at the magistrate’s court, against a Venezuelan man.

“The Financial Intelligence Unit conducted an investigation into the seizure of Euro162,000.00 from one Edwin Daniel Reyes Garcia of Venezuela,” Ferrol reported. “He was intercepted by officers of the Anti-Crime Task Force at D&D guesthouse located in Marigot on July 4, 2021.”

Following the interception, the FIU started looking into the cash’s provenance, and based on their findings, they considered a civil forfeiture and money laundering investigation.

“After consultation with the Director of Public Prosecution (DPP) and the state attorneys within the chambers of the Attorney General, an application for forfeiture was filed against the euro 162,000.00 and three charges of money laundering were instituted against Edwin Daniel Reyes Garcia pursuant to the Money Laundering Prevention Act, chapter 73:03, all of which were indictable charged,” Ferrol disclosed.

However, as a result of the amendment of the Money Laundering Prevention Act 73:03, namely, the Money Laundering Prevention Act Three of 2022, which made money laundering a hybrid offense, two new charges for money laundering, were filed at the magistrate’s court against the defendant, on  February 7, 2023, and the indictable charges were withdrawn by the DPP, Sherma Dalrymple.

On March 13, 2023, before Chief Magistrate Candia Carrette George, Garcia requested that the matter be heard at the magistrate’s court, and subsequently pled guilty to one count of money laundering for having in his possession, the sum of Euro162,000.00, that is, the proceeds of crime, knowing or believing the same to be proceeds of crime.

The matter was prosecuted by the DPP who withdrew one of the charges, concealment. The defendant was represented by Attorney-at-Law Wayne Norde.

In handing down her sentence, the Chief Magistrate sentenced Garcia to two years in jail for possession of proceeds of crime. However, he was credited for his time spent on remand and the custodial sentence was considered as time served.

She also ordered that Euro 162,000.00 be confiscated and paid into the State Asset Forfeiture Funds under the Money Laundering Act.

Magistrate Carrette-George further granted the application by the prosecution deeming the Venezuelan man a prohibited Immigrant under the Immigration and Passport Act and ordered his removal from the country under proper escort.

“On March 13, 2023, the forfeited sum was deposited into the asset forfeiture fund. The defendant is presently in custody, pending his removal from the state,” Ferrol disclosed.

He continued, “this piece of amendment has equipped the FIU and other law enforcement authorities in Dominica, with the necessary tools to investigate and prosecute persons involved in money laundering in the Commonwealth of Dominica and have these matters dealt with at the magistrate’s court.”

The FIU Director is of the view that the amendment demonstrates the country’s ability and efforts to fight money laundering and other financial crimes and “provides the avenue to confiscate the instrumentalities of crime and afford the avenue for greater coordination and collaboration among domestic law enforcement agencies in the Commonwealth of Dominica.”

He urged law enforcement authorities in Dominica to approach the court with comprehensive case files and well-investigated matters at the summary level, particularly in money laundering, the associated predicate offenses and other financial crimes.