Altered sums on bank drafts
A bank draft with a face value of CI$50 was changed into one for $5,000, while another issued for US$20 became US$10,000. The person who did the changing was Robert Carlton Brown, who pleaded guilty in Summary Court to two charges of uttering a false document.
Brown, a Canadian national, had the details of the charges presented to Magistrate Grace Donalds on Thursday, 6 November. Because of the seriousness of the matter and the mitigation put forward by Defence Attorney Scott Wilson, the magistrate said she wished to consider the appropriate sentence. She directed Brown to return to court on Friday morning, but court was closed by then because a hurricane warning had been declared. Monday was the Remembrance Day holiday, so sentencing did not take place until Tuesday, 11 November.
Crown Counsel Tricia Hutchinson said Brown bought the first draft on 2 October, paying $50 plus $5 for costs. The draft was made payable to a local private school for fees for his children. When presented to the school, the figures on it had been altered to $5,000. The draft was presented by the school to the bank.
On 7 October, reconciliation was done and the alteration was discovered. The payment to the school was reversed and the school informed. Police were contacted.
On 15 October, Brown went to a different branch of the same bank and requested a draft for US$20, made payable to an individual who was his landlord. The draft was subsequently presented to the bank which, during its internal operations, discovered that the draft reflected the figure of US$10,000.
Between 17-19 October, Brown attempted to leave the island with his family, but was held by Immigration for overstaying. He was bailed by his landlord who had not yet been informed of the situation, Ms Hutchinson said. When the draft was discovered, Brown was again taken into custody.
Interviewed, he made full admissions of how he altered the drafts to pay school fees and rent. Since then, full payment has been made to the school and to the landlord, Ms Hutchinson confirmed.
Mr. Wilson emphasized that Brown, who had worked in the banking industry, told police how he was able to alter the bank drafts. He was able to assist in increasing security against this type of offence.
The attorney handed up a full bundle of mitigation material, including character references and a report from the clinical psychiatrist in Canada who had been treating Brown for a condition that included being a compulsive and pathological liar. According to his father, Brown had fallen into an increasingly worrisome pattern of behaviour that had led to offences he would not have committed if he did not suffer from this condition.
Mr. Wilson said Brown’s family was back in Canada, without income and without property because it had been sold to fund the trip to Cayman. Brown had told his wife he had secured employment in Cayman and they came here. ‘He was living a fantasy, telling his wife he was going to work in the morning and coming home from work. He can’t really say what he was doing.’ The family’s savings were used up by the time Brown obtained the drafts and altered them, Mr. Wilson said.
Brown’s landlord attended court and gave evidence. He said an agent had dealt with the rental and by the time he himself returned to the island, Brown was two months late. ‘He told me a number of stories about why he couldn’t pay. I could see he was somewhat unstable,’ the witness said. After the arrest, the landlord spent time with Brown and his family and saw him to be kind and loving to his children and his wife, who had known nothing about his activities.
‘Far be it from me to offer suggestions, but I don’t think a custodial sentence would benefit him at all and would be a burden to our community,’ the landlord said. ‘He needs treatment under supervision, which would be best in Canada.’
Mr. Wilson submitted that Brown’s offences were not a danger to the country’s economy. They did not involve forged currency going into circulation; they were drafts that went back to the bank. He suggested this case was more akin to avoiding a liability by deception. Brown knew his offending would be found out when the drafts were reconciled at the bank – ‘It was an attempt to buy time.’
In passing sentence, the magistrate said she took into account the guilty pleas, Brown’s previous good character, full and frank admissions, and the fact that full restitution had been made. She also considered the fact that the funds obtained were not used to maintain an extravagant lifestyle.
The magistrate referred to Brown’s psychological conditions that required professional help; she understood that arrangements had been made for it to be provided. ‘The court was most favourably impressed by the fact your landlord was willing to come to court to testify to your devotion to your young family,’ she told Brown.
Taking all the circumstances into account, she imposed a sentence of nine months for each offence, but suspended them. She also fined Brown $2,500 for each offence; a total of $5,000, which Mr. Wilson said would be paid mostly from Brown’s cash bail bond of $4,850. He asked for until 14 November for the last $150 to be wired. The magistrate agreed. She also advised that she was recommending deportation.
Related Videos
