Woman pleads guilty in P.E.I. 'grandparent scam' case, sentenced to 120 days in jail
Crown says Chilean woman and her co-accused were 'pawns in a bigger scheme'
One of two people accused in a so-called "grandparent scam" on Prince Edward Island has been sentenced to 120 days in jail.
Genesis Javiera Carvajal Tapia appeared in a Charlottetown courtroom via video link Thursday and pleaded guilty to two counts of fraud over $5,000. The Crown stayed two other counts of fraud.
Tapia was given credit for 97 days in custody since her arrest in late August, and will have 23 days left to serve on her sentence.
Her co-accused, Luis Luciano David Cortez Abarca, faces four charges. His case was adjourned until Dec. 4, and he will remain in custody until then.
Cortez also faces similar charges in New Brunswick.
A grandparent scam is a ploy that involves defrauding people by telling them their grandchildren are in legal trouble and need money to be bailed out of jail.
Victims withdrew thousands for 'bail'
According to an agreed statement of facts read out in court Thursday, Cortez and Tapia rented a vehicle in New Brunswick on Aug. 26 before travelling on to P.E.I.
The court heard that a 67-year-old woman in Summerside was contacted by a man who said her grandson was in jail for hitting a pregnant woman. Another man on the phone, "Jeremy," pretended to be her grandson's lawyer.
The woman went to a local bank and withdrew $6,000 for bail money as the callers had instructed, then went home and contacted the fraudsters again. "Jeremy" told her a man would be arriving to collect the money, telling the woman he needed to wear a mask because of a COVID outbreak at the courthouse.
The woman later began to suspect she'd been scammed and contacted police, who told her they were aware of a similar recent fraud incident in New Brunswick.
Officers provided her with a photo of a suspect, and the victim confirmed it was the same person who had arrived to collect her money.
Court was told the scam was then conducted against another victim in the Summerside area.
According to the statement of facts, Cortez was eventually arrested in Charlottetown after police were contacted by a man who said his grandmother had been phoned by someone with a similar demand for bail money. In that case, the woman grew suspicious and called her grandson to see if he was indeed in trouble.
When a man arrived to collect the $5,000 that had been demanded, officers were at the woman's home and arrested Cortez.
Investigators later determined that Tapia was also involved in the operation, and officers arrested her at a motel in Borden-Carleton the following day.
Instructed by third party
Tapia's Montreal-based lawyer, Marc-Antoine Rock, told the court by a phone link that neither Tapia nor Cortez actually spoke to the victims; they were just instructed by a third party to pick up the money.
Rock said Tapia has no prior criminal record, and there is no evidence she did anything other than assist Cortez in his part of the scheme.
Crown attorney Jeff MacDonald told the court that Tapia and Cortez played a limited role, and were "pawns in a bigger scheme."
MacDonald said Canada Border Services is aware of Tapia's crimes, and plans to start proceedings to get her sent back to Chile when she completes her sentence.
With files from Nicola MacLeod