Photo: Ivan Ayuso, remanded
BELIZE CITY, Fri. Sept. 27, 2024
Tonight, a former Senior Accounts Clerk for the National Sports Council, Ivan Ayuso is spending his first night on remand, pending sentencing for the offenses of theft and money laundering of over one million dollars from the Government of Belize.
Ayuso, who was out on bail of $300,000.00 granted to him by the lower court back in 2021, is now awaiting sentencing from High Court Justice Nigel Pilgrim, who will be hearing mitigation pleas on his behalf from character witnesses.
Today’s proceedings was about a plea agreement which Ayuso, who was represented by attorney Darrell Bradley, entered into with the Crown, which was represented by the DPP herself, Cheryl Lynn-Vidal.
The court, based on the guilty plea Ayuso agreed to with the DPP, is reportedly looking at a 5-year prison term for his saving the court time in a trial which could have lasted 2-weeks with over 39 witnesses called.
The plea bargain, even though entered by the Crown, was one that could have been rejected by the court; however, in the interest of justice, Justice Pilgrim having taken into consideration the serious nature of the offense and the time frame the incident occurred, accepted Ayuso’s guilty plea.
The matter was deferred for sentencing set for October 19, 2024, when Justice Pilgrim will hear from Ayuso’s character witnesses before handing down an appropriate sentence.
Before he was re-read the indictment, it was made known to Ayuso that his sentence, which will be custodial, will not be above five years.
At 9:16 a.m., Ayuso was read the indictment for one count of theft and three counts or money laundering.
Count 1 for theft is that between August 20, 2013, and August 11, 2016, in Belize City he stole $1,040,997.67 dollars from the Government of Belize.
Count 2, for money laundering $23,364.36 between the period of September 3, 2013, and February 3, 2014, is for money he used knowing the sum to be the proceeds of a crime contrary to Section 3 (1) (c) of the Money Laundering & Terrorism (Prevention) Act Chapter 104 of the Substantive Laws of Belize, (Revised Edition), 2011 as amended by the Money Laundering & Terrorism (Prevention) (Amendment) Act #4 of 2013.
Count 3 is for money laundering the sum of $894,416.56 between the period of February 9, 2014, and April 16, 2016.
And Count 4 for money laundering the sum of $123,315.075 between the period of April 17, 2014, and August 11, 2016, for all of which he pleaded guilty.
The DPP submitted in her recommendation to the court that Ayuso, given the fact that he pleaded guilty, is facing 5 years on each count, and that the sentences be ordered to run concurrently given that Ayuso agrees to the guilty plea to the four counts.
The DPP highlighted to the court the aggravating factors of the offense, of which she submitted that the money Ayuso stole was property of the National Sports Council for programs such as sports activity.
She asked that the court take into consideration the period when the offenses were committed, which was between August 15, 2013, and August 2016, a 3-year period, which suggests it was a premeditated act.
She also submitted that Ayuso at the time of the theft was a Senior Account Officer for the Government of Belize at the National Sports Council.
She conceded that, the fact that the case would have been heard before a jury and last two weeks if he had not pleaded guilty, is a mitigating factor.
There was no victim impact statement filed by the DPP.
Justice Pilgrim was of the view that the money stolen belonged to the people of the country, Belize, who in his view were deprived of the money which could have been used to fix roads, schools, etc. as it was money given to the National Sports Council for programs undertaken by the National Sports Council; and so, due to the serious nature of the offense, he wants to hear from Ayuso’s character witnesses.
In his virtual appearance today in the matter, attorney Darrell Bradley asked the court to take into consideration the following on behalf of his client: that Ayuso entered a guilty plea and saved the court time in a lengthy trial; he acknowledge responsibility for his action; he is apologetic, and he accepted guilt, and is very remorseful, and threw himself to the mercy of the court; that he is a family man; and that before these allegations, he had an immaculate record and was of a good character with no previous conviction for theft, and he was not known to the criminal justice system; that Ayuso has been out on bail and has not committed any other offenses whilst out on bail; hence why he asked the court to set a moderate sentence so it will not affect Ayuso’s family ties.
Before the matter was adjourned, Ayuso’s last words to the court were, “I am honestly, honestly apologetic for what I have done to the people of Belize and this country. I have learnt a lesson, and the dangerous [ ] I have done because of my recklessness; and so I ask the court for leniency, so I could be a better father to my children, and also be better to my fellow Belizeans. I have done wrong, and I apologize sincerely from my soul. Thank you.”
Note: Ayuso prepared pay sheets which were for the deposit of salary payments in excess of what he was entitled to.