'Reckless': Longford money mule had €38,000 funnelled through his bank account

The undermining implications for financial services of the activity of money mules was highlighted in Longford Circuit Criminal Court.

Faizan Malick (25) of 11 Esker Glen, Drumlish, Co. Longford was charged with engaging in converting, transferring, handling, acquiring, possessing or using property (money) the proceeds of criminal conduct contrary to the Criminal Justice (Money Laundering and Terrorist Finance) Act.

At the outset of his summation Judge Kenneth Connolly assured the defendant there was “no question of a custodial sentence”, however he said the seriousness of the offence meant he could not consider probation.

The judge said despite Mr Malick's otherwise good character the “pattern of offending by young, clean cut people” recruited as “money mules” was one the court had to seriously address.

“Members of the population are terrified of opening a link or answering a text message for fear of it being a scam, particularly the older generation. Even my parents are afraid to go online for fear of having accounts cleared out in these types of scams that are all too common,” the judge said.

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Judge Connolly said there was an “element of unfathomable stupidity” at play in the case as Mr Malick provided details of his bank account to a person he only got to know while working part time while on holiday from his college course.

“I can't reconcile that,” the judge said, “I have to send out a warning to all college students that there are serious consequences to such actions.”

Acknowledging that Mr Malick was “very young at the time” and the bank account was set up for the legitimate purpose of facilitating his SUSI grant the judge said this did not absolve the criminal behaviour.

State prosecutor Shane Geraghty BL had told the court that a total of €38,000 had been funnelled through the defendant's account. The injured party, a business operating outside Ireland, had been reimbursed by their bank and bookkeeping service, however those financial institutions were out of pocket as a result of the fraud.

“The loss of such a large sum of money is an aggravating factor. It also erodes the confidence in our financial system. A large proportion of the population are terrified to get a notification even from An Post,” the judge said.

Counsel for the defendant Raymond Groarke BL pointed out his client had only one conviction, that was for driving without insurance. Mr Groarke said Mr Malick is in gainful employment and provides for his mother and siblings since his father passed away.

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Counsel said the defendant's application for Irish citizenship is in jeopardy because of the conviction, and added that his involvement was “reckless, rather than intentional”.

Judge Connolly said that normally the offence would attract a three years prison term, but the defendant's plea could reduce that to 30 months. The judge accepted there were “no trappings of wealth”, that Mr Malaik had limited income, he cooperated fully and was the subject of a positive probation report.

The judge set the sentence at 16 months in prison, but imposed 240 hours of community service in lieu of that term. The defendant must pay €1,000 to the National Crime Victim Helpline within 60 days and enter a bond to keep the peace.