Suspended sentence for student who took part in phishing scam

By Niamh O’Donoghue

A student, who was part of a phishing scam where over €2,000 in “unauthorised withdrawals” were made from the victim’s bank account, has walked free from court on a suspended sentence.

David Oluokun Oluwadara (23) of Fairlands, Summerhill Road, Dunboyne, Co. Meath, pleaded guilty at Dublin Circuit Criminal Court to two counts of theft at AIB Grafton Street, Dublin 2, on March 20, 2022.

Sergeant Terry Gleeson told the court that the injured party was subject to a phishing scam. The injured party was told their ATM card was faulty, and a taxi was sent to his home to collect it so it could be examined. There is no suggestion that the taxi driver was involved in the offence, but he collected the card and took it to Grafton Street, where it was then handed over.

CCTV identified the then 20-year-old Oluokun, who was wearing “distinctive clothing”, and he was arrested by arrangement for an interview on January 26, 2023, but nothing of evidential value emerged. The court was told that the maximum sentence for theft was 10 years’ imprisonment.

Judge Baxter noted the extensive nature of the scam, saying: “he’s put an essential cog in the wheel”.  She said the sending of the taxi to the victim’s home was “extensive subterfuge”.

The judge said that Oluokun had no previous convictions at the time of this offence, but noted he was given a two-year suspended sentence on February 24 last in Cork for an offence committed three months later on June 27, 2022.

“What is of concern is that he went to the AIB and made two unauthorised withdrawals…where €2,100 was taken,” said the judge. She noted the offences took place in the “digital sphere” and a taxi was sent to the injured party’s house to collect the bank card.

Judge Baxter noted Olukun was living in Meath and three months later was in trouble in Cork but had no previous convictions at the time of this offence.

The judge noted that Oluokun pleaded guilty on his trial date in July last. She noted the injured party was present on the trial date but made no victim impact statement.

Judge Baxter said she had to have regard for Oluokun’s age at the time of the thefts, but said he had not offended since 2022 and had “turned his life around”. He has expressed shame and regret, said the judge. The judge said Oluokun’s family believes he is making changes to his life and has been rehabilitated. His father is prosocial, and the judge said she would have to have regard for what he has said in his letter about his son. However, Judge Baxter said the offences had to be marked and there had to be deterrents.

She said Oluokun was “tempted by easy money” and imposed a two-and-a-half-year sentence, suspended in full for a period of three years. Noting “rehabilitation has commenced” the judge also ordered Oluokun, who is now studying and working, remain under the supervision of The Probation Service for a period of 12 months.

The judge ordered that €1500 be paid to Care of the Elderly, who she said are most at risk of phishing scams, but when the money was counted in court by Sgt Gleeson the judge was told there was only €1450 in the envelope.

Judge Baxter said it was notable that particularly in cases of dishonesty that only €1450 was in in the envelope as opposed to the 1500 the court was told was available at hearing date on December 2 last.