Defense in $8.8M money laundering case insists Filipina not complicit

Sentencing will be on Jan 26 at the District Court

 How can anyone be guilty of a crime she had no knowledge of?

This was the gist of the mitigation presented by the defense Monday, in the case of Filipina Lynie B. Acosta, who was found guilty after trial at the District Court last month, of laundering more than HK$8.83 million using three online bank accounts in her name.

District Judge Edward Wong deferred the sentencing to Jan. 26 after hearing from both sides in the case, saying he was looking at a starting point of four years in jail. (See this article for reasons for verdict: https://www.sunwebhk.com/search?q=lynie+acosta)

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Despite Acosta’s conviction, her defense lawyer still vigorously argued that she had no knowledge of the crime she was charged with, and did not benefit from.

The defendant can only be punished for conspiracy if she was part of the gang that committed the offence, but there was no evidence to support that, insisted her lawyer.

Acosta, a 38-year-old widow who has been working as a domestic helper in Hong Kong since 2017, was convicted despite her claim that she had been tricked into presenting her HKID card to “Jane” and  two Chinese men she did not know, who paid her $400 and told her they would  register her for a “game.”

Her lawyer said that had her church not been closed that day in 2023, Acosta would not have been enticed to go to Tseung Kwan O and meet up with those strangers.

However, Judge Wong reminded him that he had already convicted Acosta after finding that she was part of an organized crime syndicate that laundered the HK$8.83 million, the biggest amount to have been linked to a migrant domestic worker charged with money laundering in Hong Kong.

Defense said it was not right for the judge to just look at the amount involved in the crime, as Acosta had no knowledge or control over money that went into the bank accounts opened in her name.

“Her acts were minimal, short-lived, and would not have happened if her church was not closed that Sunday,” the defense said.

In any case, any sentence that would be imposed should not exceed two years, he argued.

Judge Wong told both parties to study a Court of Appeal case where the sentencing guidelines were set for money laundering cases, in which the amount involved was cited as a determining factor.

He ordered Acosta returned to jail until her sentencing.

 

District Court finds Filipina guilty of laundering $8.83 million

 

The reasons for the verdict were read out in District Court today

A 38-year-old Filipina was today found guilty at the District Court of laundering a total of $8.83 million in her three bank accounts, the biggest amount ever linked to a foreign domestic worker in Hong Kong.

Lynie Acosta, a widow who has been working as a domestic helper in Hong Kong since 2017, was returned to jail pending a background report, and will be sentenced on January 12 next year.

She was convicted despite her claim that she had been tricked into opening three bank accounts by three persons she did not know, who told her they were registering her for a “game,” for which she was paid $400.

In court today, District Court Judge Edward Wong said the prosecution had proved all charges against Acosta beyond reasonable doubt.

DETAILS HERE

He dismissed the defense’s plea for Acosta to be allowed bail pending the sentencing, saying the offences she committed were serious.

The defence lawyer had tried to argue that there was no harm in setting Acosta free before the sentencing, as she was staying in the shelter run by the Philippine Consulate, which could guarantee her return, but the judge was not convinced.

The defense was directed to submit a written background and mitigation for Acosta by December 21, as well as sentencing guidelines for similar offences in which the amount involved is as huge as in the present case.

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Acosta was charged with three counts of money laundering, with the first involving the biggest chunk of the money, amounting to to $8,597,833.36, passing through her Mox Bank account between March 25 and May 19, 2023.

The prosecution alleged that she dealt with the property with the help of two persons, one named Jane Corpuz and another unknown.

The same persons were also cited as helping Acosta in dealing with $192,940.08 in her account with the Standard Chartered Bank on March 31, 2023, which formed the basis for the second charge.

The third charge was over the $45,100.78 deposited in her account with the Hong Kong and Shanghai Bank, which she again allegedly dealt with, along with Corpuz and the unknown person.

In her defence, Acosta said Jane who was introduced by her sister, had met up with her in Tseung Kwan O and asked if she was interested in instant cash by playing a game.

Jane and two Chinese men then asked for her HKID card which they scanned, before helping her take “selfies” from different angles, and uploaded these online. She was then paid $400 through her Alipay account.

Without her realizing it, Acosta said her personal details were used to open the three bank accounts in her name, but listed down a Chinese person as contact, and a Sham Shui Po flat as her residential address.

Her lawyer argued that Acosta did not know that the bank accounts were opened in her name, nor was she aware that the same accounts were used to funnel money obtained from scams,  in particular from fraudulent online selling.

The defense also tried to shift the blame on banks’ lax security, pointing out that they should have been alerted by the large amounts of money that were passing through accounts held by a foreign domestic worker.

But the judge did not accept the arguments, saying Acosta could not have possibly believed she was merely being asked to play a game when she was asked for her HKID card and submit to a lengthy photo capture or scanning.

Besides, there was no evidence at all of any gaming account being opened in Acosta’s name during that incident.

Despite being  a domestic worker, Acosta is already 38 years old and received tertiary education in the Philippines so she could not have been as naïve as pictured, said the judge.

He also pointed out that Acosta has an Alipay account in Hong Kong and a bank account in the Philippines so she was not totally clueless about bank procedures.

To top it all, it was unbelievable that she had allowed three people she only met for the first time to get hold of her HKID card and spend some time taking her photo from different angles, all because of a game.

Acosta received support from her employer during the initial hearings of the case, and even offered to post bail for her, as she was having difficulty taking care of her son and sick mother while keeping her own job.

The defense lawyer had also appealed to the court to allow bail, saying Acosta’s husband died recently, and she was desperate to continue working to pay off the hospital and burial bills, as well as support her child who was left in her mother-in-law’s care.

But after the case was transferred to the District Court, then presiding judge, Wong Kwai Kin warned that Acosta could face a more severe sentence if found guilty, as the Department of Justice had sought to get higher sentences imposed in money laundering cases.

HK courts to impose higher sentences for money laundering offences

 

The stricter penalties were announced in a District Court case involving $8.8M in illicit funds

The Department of Justice in Hong Kong is seeking to get higher sentences imposed on people found guilty of money laundering,  in line with new sentencing guidelines set by the Court of Appeal.

This was disclosed in today’s hearing of a case filed against Filipina Lynie B. Acosta, who is charged with three counts of money laundering involving a total of $8.83 million, the highest amount ever recorded for a case involving a foreign domestic helper.

District Court Judge Wong Kwai Kin told 39-year-old Acosta that she will be facing a higher sentence, as advised in a letter sent to her by the DOJ, citing the new guidelines set by the CA as a result of the growing prevalence of money laundering cases in the community.

The gravity of the sentence will depend on the amount involved, and could be mitigated if the accused pleads guilty to the offence. 

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Judge Wong then granted Acosta’s application for an adjournment so she could seek further legal advice. He set the next hearing on Feb. 25 next year and remanded her in custody, after noting that she failed to meet the $100,000 bail recommended for her temporary release by a magistrate earlier.

During the hearing on Oct 3 before Principal Magistrate Don So at Eastern Court, Acosta offered to post a $5,000 bail, saying her employer needed her help in looking after her son and sick mother.

Acosta’s lawyer also told the court her husband died recently in the Philippines, and she was desperate to continue working to pay off the hospital and burial bills and support her children.

Magistrate So said he would allow Acosta to post bail, but raised the amount to $100,000.

The Filipina faces three counts of dealing with “property known or believed to represent proceeds of an indictable offense,” otherwise known as money laundering, n violation of section 25(1) and 25(3) of the Organized and Serious Crimes Ordinance.

She is charged with dealing with a total amount $8,597,833.36 in her Mox bank account between March 25 and May 19, 2023. She is alleged to have dealt with the money with the help of two persons, one named Jane Corpuz and another unknown.

The same persons were also cited as having helped Acosta deal with $192,940.08 in her account with Standard Chartered Bank, and with $45,100.78 in her account with with the Hong Kong and Shanghai Bank, both on March 31, 2023.

Under the Ordinance, the maximum sentence for money laundering is imprisonment for 14 years and a fine of $5 million.

One of the highest sentences on record was that imposed on former employment agency owner Ester Ylagan, who was ordered jailed for 32 months in Febuary this year. 

Ylagan admitted laundering a total of $5.7 million, which she made by offering non-existent jobs in Canada and United Kingdom to Filipinos in Hong Kong and Macau.

Ex-DH gets 8 months' jail for money laundering

A former domestic helper was sentenced to eight months' imprisonment after she pleaded guilty to money laundering today at West Kowloon court.

Mildred Modesto, aged 40, was also sentenced to another two days after she pleaded guilty to staying beyond the two-week grace period given to her when her DH contract was terminated last Feb. 13.

Acting Principal Magistrate Cheng Lim-chi ordered the two sentences to be served at the same time, resulting in a total of eight months in jail.

PINDUTIN DITO

Modesto was convicted of dealing with proceeds of crime, a violation of the Organized and Serious Crimes Ordinance, as a result of $304,498 deposited and withdrawn from her Standard Chartered Bank account from the 23^rd to 26^th of January this year.

Her second charge, breach of condition of stay, arose after she remained in Hong Kong despite the Feb. 27, 2024 deadline for her departure.

Meanwhile, at Eastern Court, domestic helper Lynie Acosta, 39 years old, was told she will be taken to the District Court when her $8.83 million money laundering case resumes on Dec. 12, since the amount involved exceeds the limit for cases that a magistrate court can handle.

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Her lawyer had earlier urged Principal Magistrate Don So to free her on bail so she could continue taking care of her elderly and sick ward, but her employers failed to come up with the $100,000 cash bail which So increased from the earlier police bail of $5,000.

Acosta is charged with three counts of dealing with property known or believed to represent proceeds of an indictable offense, in violation of section 25(1) and 25(3) of the Organized and Serious Crimes Ordinance.

The police complaint alleged that Acosta’s Mox Bank account received the biggest chunk of the funds, amounting to $8,597,833.36, between March 25 and May 19, 2023. She was accused of dealing with the property with the help of two persons, one named Jane Corpuz and another unknown.

The same persons were also cited as helping Acosta in dealing with $192,940.08 in her account with the Standard Chartered Bank, and with $45,100.78 in her account with with the Hong Kong and Shanghai Bank, both on March 31, 2023.

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$100K bail set for DH in $8.83M money laundering case

The accused allegedly laundered the money in three bank accounts

A domestic helper facing charges after her three bank accounts ended up being used in laundering $8.83 million in crime proceeds, was able to convince the Eastern Court today to allow her to post bail because her employer needs her badly.

Principal Magistrate Don So acceded to her appeal, but increased her cash bail from $5,000 to a whopping to $100,000.

As a result, 39-year-old Lynie Acosta had to be detained in jail until her employer could raise the amount for her temporary freedom.

Pindutin para sa detalye

Magistrate So also set the next hearing on Nov. 21 to check if the prosecution’s case is ready to be transferred to the District Court, since the amount involved exceeds the limit for cases that a magistrate court can handle.

Acosta’s lawyer had earlier appealed to So to allow her to post bail, citing her employer’s difficulty in taking care of her son and sick mother while keeping her own job.

The lawyer also said Acosta’s husband died recently, and she was desperate to continue working to pay off the hospital and burial bills, as well as supporting her children in the Philippines.

Basahin ang detalye!

Acosta is charged with three counts of dealing with property known or believed to represent proceeds of an indictable offense, in violation of section 25(1) and 25(3) of the Organized and Serious Crimes Ordinance.

The police complaint alleged that Acosta’s Mox Bank account received the biggest chunk of the funds, amounting to $8,597,833.36, between March 25 and May 19, 2023. She was accused of dealing with the property with the help of two persons, one named Jane Corpuz and another unknown.

The same persons were also cited as helping Acosta in dealing with $192,940.08 in her account with the Standard Chartered Bank, and with $45,100.78 in her account with with the Hong Kong and Shanghai Bank, both on March 31, 2023.

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Filipina’s 3 bank accounts linked to $8.83M money laundering

 

A Filipina domestic helper is facing three money laundering charges at Eastern Court after three of her bank accounts ended up being used to deal with a total of $8.83 million from victims of scams.

Lynie Acosta, 39 years old, was freed on a cash bail of $5,000 after Principal Magistrate Don So, adjourned the hearing to Oct. 3.

A complaint filed in court by the police Financial Investigation Division on Thursday (Sept. 26) and heard the same day, charged Acosta with three counts of dealing with property known or believed to represent proceeds of an indictable offense, in violation of section 25(1) and 25(3) of the Organized and Serious Crimes Ordinance.

Pindutin para sa detalye

The complaint alleged that Acosta’s Mox Bank account received the biggest chunk of the funds, amounting to $8,597,833.36, between March 25 and May 19, 2023.

Police alleged that she dealt with the property with the help of two persons, one named Jane Corpuz and another unknown.

The same persons were also cited as helping Acosta in dealing with $192,940.08 in her account with the Standard Chartered Bank on March 31, 2023.

PINDUTIN PARA SA DETALYE

On the same day, she and the two persons were also alleged to have dealt with $45,100.78 in her account with with the Hong Kong and Shanghai Bank.

Meanwhile, at District Court, another Filipina, Leahlyn Pamonag, was returned to jail custody after appearing before Judge C.P. Pang.

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Pamonag is accused of conspiring with an unknown person in dealing with a total of $3,075,807.90 in her Standard Chartered bank account, while knowing, or having reasonable ground to believe, that the money came from crime.

She was told to return on Nov. 11.

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