Man charged for keeping money wrongly placed in account

Five charges sent to Grand Court

A man with a business bank account is scheduled to appear in Grand Court on five charges relating to alleged wrongful transfers to that account which he then kept and used. The sums involved were CI$127,100 and US$174,689.47. 

Gary Owen Mullings, 41, returned to Summary Court on Tuesday, when Magistrate Valdis Foldats invited prosecution and defense attorneys to double check the category of the charges. It turned out that “dishonestly retaining a wrongful credit” is a category A offense, which means it must be dealt with in the Grand Court.  

Defense attorney Richard Barton said that had been his position when the matter first came to court on April 21. Crown counsel Kenneth Ferguson agreed. 

Details of the first charge of retaining a wrongful credit are that, on Dec. 8, 2014, CI$127,100 was wrongly transferred to a specific bank account for which Mullings was the account holder and signatory. The allegation against him is that, knowing or believing the transfer was made in error, he failed to take reasonable steps to cancel the credit. 

The second charge is similar, except that it relates to the sum of US$174,689.47. 

Mullings is then charged with acquiring criminal property, namely CI$57,900 cash, by way of ATM withdrawals between Dec. 10 and Dec. 29, 2014. 

He is further charged with acquiring US$35,800 cash the same way in approximately the same time period. 

The final charge is using criminal property. Details are that he used CI$37,719.40 from the account by means of debit card point-of-sale transactions at various locations for the purchase of goods and services between Dec. 9 and Dec. 29, 2014. 

The magistrate directed Mullings to attend Grand Court on Friday, June 5.