Defence not ready for hearing on confiscation
Sentencing has been delayed for
Robert Christopher Tom Girvan, who pleaded guilty earlier this month to 21
charges of theft and money laundering to a total value of approximately US$19
A confiscation hearing as well as
sentencing was to have taken place on Tuesday, 24 August, but Defence Attorney
Ben Tonner told Justice Charles Quin that he and his client needed more time to
Girvan has been in custody since
entering his pleas on 11 August. Five of the theft charges had to do with
transfer of funds to his own private account, while two of the money laundering
charges involved transferring funds to avoid prosecution or the making of a confiscation
Mr. Tonner told Justice Quin he had
been able to meet with Girvan only once since the confiscation notice was filed
on 19 August. When they met, Mr. Tonner said, he gave his client the bundle of
documents in the case and they had not had the opportunity to prepare for the
He asked for the matter to be
mentioned again on 3 September.
That would not be the hearing date,
he cautioned, but a date could be fixed then. “The more time we have, the
narrower the issues become,” he said.
Girvan, 49, admitted thefts during
a period between January 2004 and June 2008 while he worked as trader and
director of companies that were the losers, as set out in the indictment.
Companies stolen from included
Grand Island Commodity Trading Fund, Grand Island Commodity Trading Fund II,
Grand Island Income Fund, Grand Island Master Fund Ltd, Caribbean Commodities
Ltd, and RCTG Investments Ltd. Girvan also admitted thefts from four named
individuals or businesses.
No details of the offences have yet
been made public in court except when the charges were read out for Girvan to
Crown Counsel Kirsty-Ann Gunn said
the large majority of stolen funds was lost in unauthorised trading, but a
significant amount was used by Girvan for his personal gain.
She also identified an account at
Smith Barney bank that she described as Girvan’s personal account outside this
jurisdiction. The five sums transferred to this account totalled US$1,610,800.
Another charge relates to theft of
US$525,000 by applying funds to the purchase of land at Crystal Harbour. One
theft of property from RCTG, to the value of US$333,015.64, was “using funds
for his personal benefit”.
Girvan also admitted transferring
funds to his wife or her accounts outside the Cayman islands. A theft charge
related to property to the value of US$100,000. A money laundering charge
related to US$840,000.
A separate money laundering charge
involved the transfer of US$150,000 in stolen funds to an account held by
another named individual outside the jurisdiction.