7 News Belize

Bulgarian Scammers Charge CC Fraud
posted (May 10, 2016)
Last night, we told you about the 2 Eastern European men from Bulgaria who were allegedly caught after going on a prolific cyber theft in Belize of monies believed to be in the hundreds of thousands of dollars. Well tonight, we can share more details with you.

Their identities have since been revealed to us as 25 year-old Halid Yuksel Aptula, and 28 year-old Georgi Tsvyatkov (z -vi-at-kov) Petrov, both of Bulgaria. They were arrested, charged, and arraigned in Magistrate's Court this evening, and we'll share the details on that hearing with you a later on.

But, first, to the details of a very intriguing tale of cyber-theft. Well, on Saturday, May 7, just before midday, a very vigilant auditor from the Belize Bank was out doing some errands. He stopped by the Belize Bank ATM on Albert Street to withdraw some money, and that's when he spotted Halid Aptula who was trying to withdraw money. This auditor, who apparently had been briefed by his superiors at the Belize Bank, recognized Aptula as the suspicious man in past surveillance camera footage which captured him and his associate conducting fraudulent withdrawals using the cyber theft scheme they'd set up.

As we told you, these men were scamming international bank cards, which can withdraw funds anywhere in the world. It just so happened, that they chose Belize as the location to make the withdrawal. The complex, yet simple scheme involved installing hidden cameras at ATM's in banks outside of Belize. That's how they managed to get the pin numbers of the victims they were stealing from. They then made fake credit cards and used the stolen pin numbers to make bogus withdrawals that seemed authentic.

And, it appears that the bank who's cash flow they targeted was the Belize Bank. The theft happened on several different occasions in January of 2016, then March of 2016, and then May of 2016.

So, on Saturday, when this Belize Bank Auditor spotted this suspicious man withdrawing money, he recognized the person who resembled the thief from those past instances. He told police that he followed the man who left the Albert Street ATM, and then went over to another Belize Bank ATM located at the Caye Caulker Water Taxi terminal.

While that man, later identified as Halid Aptula, was withdrawing money once again, the Belize Bank Auditor alerted a nearby police officer who was on duty. They found him still trying to get money out of the ATM, and that's how he was detained. Police quickly located the room where he and his associate, Georgi Petrov were staying, and the cops conducted a full sweep of their belongings and the room.

That's when they found 111 fake credit cards, believed to have been used in the cyber theft. They did not bear any names of an issuing bank, no names of a card owner, and no card numbers, all of which were tell-tale signs that they were fake. The officers also found 250 additional blank plastic cards, $2750 in cash, 2 Lenovo computers, a Lenovo cell phone, an iPhone and a Honda Civic car. They were detained, and all the items were confiscated by police.

They were cautioned and placed under arrest for theft, and according to police, they chose to give a caution statement which was recorded on camera as per the new Criminal Procedure Rules.

The Belize Bank then did its own investigation and confirmed several fraudulent transactions did happen on Saturday. They believe that at least 2 of these transactions were the very same ones that the Belize Bank Auditor saw Halid Aptula conducting. The Belize Bank also handed over surveillance footage and pictures of these 2 men at the ATM on those past occasions, using their stolen pin numbers and bogus cards.

Both men were arrested and charged with 1 count each of theft. So, that brings us up to this evening's arraignment.

Both men were taken before Senior Magistrate Sharon Frazer where she read the charges to them. First up was Georgi Petrov who pleaded guilty after the theft charge was read to him,.

When the Magistrate read the facts of the case to him, and asked if he agreed and accepted them as the truth of what happened, he immediately told the court that he did not. That's when his attorney, Christelle Wilson informed the court that the police had not provided them with disclosure, which is now required under the new criminal procedure rules. Senior Magistrate Frazer stood the matter down for a brief moment, and when she continued with the arraignment, Petrov changed his plea to not guilty. When the theft charge was read to Halid Aptula, he pleaded not guilty.

The prosecution then objected to bail on the grounds that they are flight risks and that the investigation was still ongoing. After consideration, Senior Magistrate Frazer upheld those objections, and remanded both men to the Belize Central Prison until May 20.

Outside of court, we got an opportunity to speak with their attorneys. Here's what they told us:

Oscar Selgado, Attorney for Halid Aptula
"The police has only arraigned these gentlemen, two of them on one charge of theft and that is the theft of $500 Belize dollars from the Belize Bank, allegedly on the 7th May."

Daniel Ortiz
"We notice in the courtroom, you indicated to the judge that you want an early adjourned date for you are in negotiations right now with the managers of Belize Bank. Are you able to disclose anything on that?"

Oscar Selgado, Attorney for Halid Aptula
"Well no, because we don't want to jeopardize the goof faith and the good gesture that the Belize Bank has extended to us in terms of sitting down and hearing us on this. They have not offered anything to us. We are making an offer to them. I will not say what the offer is. But what the nature of the offences are is as follows: The Belize Bank is alleging that on Saturday 7th of May instant, these two gentlemen went into ATMs from the Belize Bank, located on Albert Street and North Front Street and used phony withdrawal cards, debit cards to access cash from the bank and the Belize Bank is further alleging that they were already on alert, because similar conducts were reported to the bank by clients whose credit cards were used, or whose accounts were withdrawn from without their knowledge."

Daniel Ortiz
"Now, Ms. Christelle, you client initially pleaded guilty to the $500 theft. Given the nature of what has been allege, you would make the assumption or draw the conclusion that he is opening Pandora's box, because if he accepted guilt here, who's to say that he is not guilty of all the rest of offences, given that they are saying they have video and picture evidence that proves that he is the person who committed these crimes."

Christelle Wilson, Attorney for Georgi Petrov
"Initially he did plead guilty, but as you clearly can see from the way they spoke in court, there was a language barrier there first of all and second of all the facts of the case was never disclosed to us as their attorney or to the clients. So when he plead guilty, he could have been saying yes, I did use the ATM. Whether or not he took monies that the bank is now saying was fraudulently taken is another issue. After alerting the judge that this was the first time we are now learning of these alleged facts that are being put before my client. He has to be given an opportunity to change his plea, which he was allowed."

Daniel Ortiz
"How regularly have your clients visited this country? Supposedly there is a language barrier, and the preliminary facts would suggest that they only came to Belize to make these withdrawals and they left immediately afterwards."

Christelle Wilson, Attorney for Georgi Petrov
"I do not agree with that statement. I cannot disclose at this time how many times if they have been here prior to this date and I cannot say they only came here for the purpose of withdrawing monies. I can't say that at this moment."

And as you heard, the two defense counsels are already starting to poke holes in the prosecution's case. One important point they made to us is that they think that the investigators acted prematurely and brought criminal charges without having all the facts straight. As you heard, they're only facing theft for $500, when our information says that they are suspected of withdrawing a few hundred thousand dollars from Belize Bank's ATM's around Belize City. Here's how both attorneys explained what they see as a police error to proceed to an arraignment so quickly:

Oscar Selgado, Attorney for Halid Aptula
"I said that if there is a fraud as allege by the bank, then our clients are saying they did not manufactured any credit card. Where these banks accounts are originated from are foreigners. Our clients are saying to us that they are people who don't know about the credit cards. So that if there is a ring, then there has to be bigger people involved and that was what I was alluding at. So rather than to prosecute two people, listen to us, we will get what our clients know, if they know anything and we will divulge to the bank. So that FIU get involve, the bank get involve, Interpol get involve. What we are saying to the bank is that why hastily prosecute two people and there could possibly be a ring. So why not close the ring."

Reporter
"Can you speak to the 111 credit cards that was found without the corresponding bank or without the name of the credit card holders that were allegedly found in the possession of your clients?"

Oscar Selgado, Attorney for Halid Aptula
"None of us would be able to speak to that because that fact was only made know to the court today and none of that was divulge to us. As a matter of fact the police has not showed us any credit cards, not even one."

Christelle Wilson, Attorney for Georgi Petrov
"And we still do not know the amount of money that the bank is alleging that was taken from the bank. So really and truly there is nothing before the court for our clients to answer to at this moment."

Oscar Selgado, Attorney for Halid Aptula
"The investigation is young and it was premature of the police to bring charges before the court on one count, $500. Because the constitution guarantees that any person who has been either convicted or acquitted before any competent court for any offence cannot be tried for that offence or for any other offence at which time he could have been tried in the first instance. So that of the police now bring one charge, and we dispose of that charge, they cannot under the law come back tomorrow and say we will bring the other charges, to which they already have the facts. They ought to bring all the charges in one or separately before the court and let the court dispose of it. But you cannot have your cake and eat it at the same time."

We tried reaching the Belize Bank's management for comment, but we were unsuccessful. Both men will return to court on May 20, and we'll keep following this case.

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