By Alric Lindsay
Hristo Dimitrov Hristov was sentenced in the Summary Court today, December 9, 2024, to 19 weeks in prison for going equipped for stealing. His 19 weeks will be reduced by any time served in prison. He also faced three smuggling charges; however, the Office of the Director of Public Prosecutions dropped them for unexplained reasons.
Background
It was explained in the Summary Court that Hristov arrived in the Cayman Islands on November 21, 2024 from Toronto. His previous travel history reflected that his trips started in 2023 when he went to St Maarten, Aruba, the Bahamas, the Dominican Republic and Aruba. These were all places where the branch of a particular bank was located (the bank was not named in the Summary Court).
Hristov was in the “nothing to declare” line, and his suitcase was searched.
Inside the suitcase were two laptops. He reportedly explained that one was used for gaming and the other for work.
However, CBC officers noted that one of the laptops appeared altered. An X-ray later confirmed this, showing that it was hollowed out to conceal certain electronic items.
Hristov reportedly told CBC officers that “it’s not drugs, it’s not cash, it’s electronics.”
In addition, Hristov had 25 blank cards in the pocket of a pair of shorts.
In his interview, Hristov had a prepared statement. This confirmed that he was asked to bring the laptop and items to Cayman. He was given the telephone number of someone to call. He said he did not know how to use the items, but he knew they would help to steal. He admitted it was for financial gain.
Reportedly, an officer confirmed the following electronic items:
- First, ATM pinhole cameras, designed to be affixed to the outside of an ATM. This would capture a victim’s pin.
- Second, there was a deep insert skimming device ready to be installed in an ATM. This was designed to capture the victim card holder magnetic strip data.
- Third, there was a magnetic strip reader writer. This device would be plugged into a computer and used to write or read data onto a magnetic stretch. This is commonly used to write or recode stolen card data.
Sentencing
Regarding sentencing, it was noted that the maximum sentence for the charge of being equipped to steal is three years.
The Chief Magistrate considered the sentencing guidelines and agreed that “harm is greater by reference to the harm that could be caused if the items were used to commit a substantive offence.”
The Chief Magistrate added: “There is no dispute that the items found on the defendant had the potential to facilitate an offence affecting a large number of victims and potentially high amounts.”
However, it was noted that DPP counsel and Hristov’s lawyer had differing views on where the responsibility should be placed.
Regarding this, it was reportedly argued by Hristov’s lawyer that he did not have all the components for the devices to be effective and he was only a “mule” transporting the equipment.
The Chief Magistrate accepted that Hristov was a mule, but a mule with knowledge of what the items would be used for.
In the circumstances, the Chief Magistrate said that the starting point for going equipped to steal was 26 weeks in jail. This was increased to 30 weeks due to the sophisticated nature of the intended crime.
Prison time was reduced to 28 weeks because Hristov had no previous convictions.
Lastly, Hristov was given full credit for his guilty plea, reducing his sentence to 19 weeks, which will be reduced by the time he has already spent in prison.
For an unexplained reason, it was stated in the Summary Court that the DPP withdrew three charges of smuggling.
Hristov has seven days to appeal the decision.
