Lawsuit: CashWiz gold swiped by courier

A Cayman Islands Grand Court lawsuit filed last month accuses a shipping company courier of stealing gold that another local company was sending to refineries in the United States for profit.

According to the lawsuit, Islands Elements CI Ltd. has accused Federal Express Cayman Ltd. of being responsible for the actions of the employee who “acted under the defendant’s [referring to Federal Express] direction and control in purported performance of his duties.”

Criminal charges were filed against a 34-year-old man, according to representatives of the Royal Cayman Islands Police Service, including nine counts of theft and six counts under the proceeds of crime act.

The writ alleges that, according to bills dated between November 2011 and April 2012, FedEx had agreed to carry and deliver gold items purchased by CashWiz from the Grand Cayman company to U.S. refineries.

The suit further claims that between Nov. 21, 2011 and April 24, 2012, Federal Express instructed its courier, whose name is being withheld by the Caymanian Compass, to collect the gold items from CashWiz.

“On each occasion between Nov. 21, 2011 and April 24, 2012 … the said [courier] was entrusted with the consignments [gold items being shipped] [and] in the purported exercise of employment duties he opened the consignments and stole gold items therefrom, the property of the plaintiff [referring to CashWiz],” the writ states.

CashWiz representatives allege in court records that more than $66,000 worth of gold items at the prevailing market rate were stolen in a dozen separate shipments. According to the writ, the gold items taken were worth between $95.69 and $17,315.55 per shipment.

“The defendant [referring to Federal Express Cayman Ltd] is liable for the thefts of the gold items from each of the consignments,” the lawsuit claims. “As a result of the thefts, the plaintiff [CashWiz] has suffered significant loss and damage.”

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