Monday 24 October 2016

Surgeon who fell victim to scam where he brought €100k of cocaine into Dublin airport avoids jail

Fiona Ferguson

Published 05/05/2016 | 15:22

The Criminal Courts of Justice in Dublin
The Criminal Courts of Justice in Dublin

A retired US surgeon with dementia who fell victim to a phishing scam which culminated in him bringing €100,000 of cocaine into Dublin Airport has gone home after avoiding a jail term.

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Dr Carlos Cruz Soriano (76) began responding to phishing emails after becoming isolated and depressed following his retirement from a “glittering career”, Dublin Circuit Criminal Court was told. The scammers told him a long lost relative had died and he was due to inherit US$2.3 million (€2million).

They gained Soriano's trust over a number of years, including sending him on a “dry run” to Hong Kong, before flying him to Columbia where he was given the paperwork for his inheritance as well as a “gift” in a red bag for Irish banking officials who would facilitate the transfer of funds.

Soriano, of Cove Circle, Riverview, Florida, pleaded guilty to possession of cocaine valued at €107,000 inside the red bag in the arrivals hall at Dublin Airport on September 1, 2015. He had no previous convictions and had been in custody here since his arrest.

Judge Melanie Greally said Soriano's isolation and the deterioration in his mental health had contributed to him being susceptible to manipulation by “sinister forces.” She said she accepted he did not appreciate the serious nature of his conduct.

She noted that rather than availing of “other options” he had chosen to plead guilty at an early stage.

Judge Greally had adjourned sentencing after hearing evidence in the case last week when Soriano's lawyers asked for some time to make arrangements for his return to the United States.

Today Judge Greally imposed a fully suspended five year sentence on condition Soriano leave the country within 24 hours after hearing that flights had been booked to Florida.

Sergeant Fergal Finnegan told Pieter Le Vert BL, prosecuting, that immigration officials had concerns about Soriano on his arrival in Dublin as he had no return ticket to the US and only $300 (€262)

Soriano, who had travelled to Ireland from Bogota via Panama and Paris, told customs officials that a red bag he was carrying contained a gift for banking officials which would facilitate the transfer of a US$2.3 million inheritance from a long lost relative he had never heard of until recently.

He was very co-operative with the officials and agreed to allow them x-ray and examine the bag. It was found to contain 1.86 kilograms of cocaine in three packets.

Sgt Finnegan said gardai were initially skeptical that Soriano could have fallen for the scam but as the interviews went on they became aware that there were underlying issues.

Gardai found documentation that Soriano had printed out about other “phishing” scams. He said that he knew they were scams but he was lonely and would respond to them for “a little bit of fun.”

Sgt Finnegan said despite this he remained adamant that the inheritance was still due to be claimed.

Soriano told gardai he had become isolated and very lonely at home after marital and family problems arose when he lost money on a previous occasion to a Nigerian phishing scam.

Sgt Finnegan agreed with Caroline Biggs SC, defending, that Soriano had a “glittering” surgical career over 40 years but had become very lonely after his retirement. The communication with the email scammers had become his only contact with the outside world.

He agreed with Ms Biggs that Soriano had become excited when it was explained to him he was going to prison as he thought he would be around people and have a chance to make friends.

Ms Biggs told the court Soriano had an “eminent career” as a surgeon, had written a book about his life, published papers and had been honoured with the keys to the city of St Petersburg, Florida.

Psychologist Dr Ian Gargan told Ms Biggs that Soriano had bipolar and depressive disorder as well as early onset dementia. He agreed with Ms Biggs that following his retirement Soriano's life had fallen apart causing him to become isolated and lonely as well as intellectually frustrated.

He agreed with Ms Biggs that Soriano was highly suggestible. He said Soriano was afraid that he might die before he was released from prison.

Dr Gargan said it was a “very extreme and very sad” case.

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