A MAN who claimed he naively allowed his bank account to be used in a phishing scam and had no idea the people he got involved with had any criminal intent appeared before Galway District Court this week.
He pleaded guilty to the offence but Judge Fiona Lydon adjourned sentencing until it was clarified if the Permanent Trustee Savings Banks was a de-facto victim in the scam. She had been informed that €3,450 was fraudulently transferred from a PTSB account into the defendant’s Revolut account and then used to purchase bitcoin by others involved.
Mark Dalton of Rabane, Castleblackney, Ballinasloe was paid €400 to allow his Revolut account to be used. His solicitor said her client thought his account was being used to buy crypto-currency and he would never have got involved if he thought anything criminal was involved.
The Court heard Garda evidence that PTSB had reimbursed the victim of the scam the €3,450 which was taken, which means the bank is now at the loss of this sum.
Catherine Tolan solr (defending ) pleaded that Dalton was 33 and a working man. He had addiction issues at the time of the scam but now lived with his brothers and was on the straight and narrow.
She added that the offence was “at the lower end of the scale” and her client was also at the loss of his own funds from his Revolut account. She asked the Judge to take into account Dalton’s early plea and admission of guilt and asked for leniency.
Judge Lydon said she understood the injured party had been refunded the loss by her bank but wondered if the PTSB was not then a de-facto victim as they were at the loss of the stolen money.
Ordering a Probation report for Dalton and adjourning sentencing until the December tenth sitting of the Court, the Judge said she wanted some clarity on whether the bank absorbed the loss or if this loss was covered by an insurance policy.
This article is funded by Comisiún na Meán under its Local Democracy and Court Reporting Schemes.
