Jury Convicts in Lottery Scamming & Money Laundering Case in the St. Catherine Circuit Court

The following Release is from the Director of Prosecution's Office:

Following a two-week trial, a jury consisting of seven persons: five (5) women and two (2) men in the St. Catherine Circuit Court found Mr. Kemar Townsend guilty for the offences of:

1)   Conspiracy to Obtain Money by False Pretence contrary to the Law Reform (Fraudulent Transaction) (Special Provision) Act, 2015;

2)   Engaging in a transaction involving Criminal Property, contrary to section 92(1) of the Proceeds of Crime Act; and

3)   Possession of Criminal Property, contrary to section 93(1) of the Proceeds of Crime Act on the 30th day of May 2022.

 

In the trial presided over by Mr. Justice Bertram Morrison, the jury returned a unanimous verdict after approximately thirty (30) minutes.

This prosecution was historic in that this was the first time that the Office of the Director of Public Prosecutions has conducted a trial on one Indictment before a jury in respect of these offences at the same time (3 counts). Usually, offences under the Law Reform (Fraudulent Transaction) (Special Provision) Act, 2015 (commonly referred to as ‘Lotto Scamming’) are tried by Judge Alone, in the Circuit Court, and offences under the Proceeds of Crime Act are tried by a Judge Alone in the Parish Court.

Case for the Prosecution

The complainant, a seventy-two (72) year-old United States citizen, testified via video link that she received several telephone calls from at least two persons informing her that she had won the lottery: a total of $682 million USD, three (3) motor vehicles and $297,000.00 USD in refund. She further testified that she was instructed by one of the callers that the funds were being housed in Jamaica and therefore she had to send money to Jamaica to claim her prizes.

In order to claim her prizes, the complainant, on three (3) separate occasions, sent money to a local bank account held by the accused, Mr. Kemar Townsend.  On December 14, 2017, the complainant sent $9,000.00 USD, on December 21, 2017, the complainant sent $10,000.00 USD and on January 3, 2018, she sent $25,000.00 to Mr. Townsend’s local bank account.

The evidence from the representative of the local bank, where Mr. Townsend had the account, showed that the sums were in fact sent by the complainant via wire transfer to Mr. Townsend’s bank account. The exhibits showed that Mr. Townsend received, used and withdrew the money sent by the complainant.

Corporal Erika Williams, of the Constabulary Financial Unit, at the FID, investigated the matter and in 2018 arrested and charged Mr. Townsend for the said offences.

 Case for the Defence

Mr. Townsend gave evidence that he thought the money received in his bank account were sent by his lover who resided in Switzerland as his lover would usually send large sums of cash to him. He further testified that he did not know that these sums were sent by the complainant nor that they were criminal property. He indicated that he was expecting funds from his lover around the same time that the complainant sent the money to his bank account.

Mr. Townsend admitted under cross-examination that he did not make any mention of his lover to the investigating officer nor what he believed was the source of the money. He testified further that, since his arrest, he has not seen nor heard from his lover.

Commendations

The Office of the Director of Public Prosecutions wishes to commend the efforts of the Financial Investigations Division (FID) which thoroughly investigated this matter. In addition, we commend our law enforcement partners from the Nebraska Police Department and the Federal Bureau of Investigations (F.B.I), who cooperated with the local investigation and Prosecution.

Representations

Mr. Townsend was represented by Mr. Davion Vassell, Attorney-at-Law.

The matter was prosecuted by Ms. Judi-Ann Edwards, Assistant Director of Public Prosecutions, and Ms. Domonique Martin, Crown Counsel.

Sentencing

Mr. Townsend is to be sentenced on the 17^th day of June, 2022.