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| Defendant's Standard Chartered account was used to launder $5.3M in tainted money |
By Daisy CL Mandap
Harsher penalties being sought by the Hong Kong police in cases of money laundering have resulted in a Filipina domestic helper being sentenced Tuesday to 45 months’ imprisonment for her role in the laundering of more than HK$5 million in tainted money.
The sentence was the highest ever imposed on a
foreign domestic worker implicated in a money laundering case, and it was
partly the result of a request from the police for an “enhancement” of sentences
imposed in crimes of this nature.
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| PINDUTIN PARA SA DETALYE |
In sentencing Ma Rochel C. Fuentes, Deputy District
Judge Tim Casewell used a starting point of 39 months’ imprisonment, then added
six more months in response to the enhancement request from the police
contained in a letter sent on Dec 21 last year.
Judge Casewell noted that police statistics furnished
the court showed a “plateauing” in the number of money laundering cases last
year, but said he was still bound to impose a sentence that will serve as a
deterrent to others.
The sentence meant that Fuentes, who is 37 years old
and has been detained since two years ago, will have to remain in jail for at
least six more months, assuming she gets a 1/3 discount for good behavior.
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| Basahin ang detalye! |
Fuentes was found guilty after trial on one count of
money laundering, legally described as “dealing with property known or believed
to represent proceeds of an indictable offence, contrary to section 25 (1) and
(3) of the Organized and Serious Crimes Ordinance, Cap. 455.”
She was arrested at Hong Kong International Airport
on Jan. 26, 2024, as she was about to board an Air Asia flight to Manila. She
told friends and relatives that she was going home to wait for her new
employment visa after being made redundant in her previous job.
Her arrest came after a total of $666,300 in tainted
money was initially found in her Standard Chartered Bank account number
978-8-718887-1.
Subsequent
investigations showed the money that passed through her account from Apr 1-17,
2023 was actually much more. The updated calculation showed it to be a total of
$3,758,465.59, resulting in the transfer of her case from the magistracy to the
District Court.
Then,
further inquiries revealed that the illicit money had flowed in and out of her
account much earlier. From March 20 to April 17, 2023, the total amount came up
to $5,391,996.74.
After
her arrest, Fuentes told the police she was not the one who opened the Standard
Chartered bank account. She said the only account she had was with the
Philippine National Bank.
Fuentes
said an acquaintance gave her $410 and asked for a copy of her HKID card,
saying it was for a game. But after she received the money, she said this
unknown person blocked her on Facebook.
Initially,
she indicated she wanted to plead guilty to the offence so she could benefit
from a reduced sentence. But she subsequently changed her mind, insisting she
had no knowledge of any of the illicit transactions made using the bank
account opened in her name.
Commenting on this, Judge Casewell said he accepted
that Fuentes played a minimal role in the money laundering and that she received
only a small amount for this.
But, said the judge, it was clear that the defendant
knew that the account opened in her name would be used for the processing of
tainted money.
Not only did she provide her HKID card, she also took
a selfie which was part of the process of opening the account.
“She must have known what was taking place,” said
the judge. “I do not accept that it was for a game.”
Judge Casewell said that in sentencing he took note
of Fuentes’ clear record, of her being a single mother with two children aged
16 and 15 years old, that she finished high school and worked in a factory
before going abroad to work as a domestic helper.
