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The Italian national accused of placing skimming devices on ATMs on Guam has managed to avoid jail time through a plea agreement.
Nicola Marinelli pleaded guilty to the use of a scanning device as a third-degree felony. Two other charges, use of a scanning device as a second-degree felony and conspiracy to commit the use of a scanning device as a third-degree felony, were dismissed.
Judge Maria Cenzon of Superior Court of Guam sentenced Marinelli to two years in prison but granted credit for time served and had the remaining balance suspended, in line with the plea agreement. He was to be released Friday.
However, Marinelli’s attorney, Rocky Kingree, said his client may still be detained by the Immigration and Customs Enforcement division of the Department of Homeland Security.
Marinelli also was ordered to serve two years probation and perform 50 hours of community service.
If he is to leave the island before he can complete probation, he must convert his community service hours into a fine paid at the minimum wage rate.
It is anticipated that Marinelli will leave the island very soon and be barred from re-entering the United States.
Marinelli, who has needed assistance from an Italian interpreter during his detainment and judicial proceedings on Guam, entered quietly into the courtroom and kissed the cross on his necklace before sitting down to go through with the plea hearing.
He said he was sorry and has learned his lesson and will not be committing the crime again.
Spotted at pizza restaurant
Marinelli was arrested in August 2018 after a Bank of Guam manager picking up pizza in Tamuning saw a man who matched the description of an ATM skimming suspect. Photos and surveillance footage released by the FBI had been circulating on social media.
According to the indictment, Marinelli installed scanning devices at Bank of Guam ATM machines located in the Micronesia Mall and in a Subway restaurant in Agat.
He told authorities he had been recruited by someone with possible ties to organized crime in Italy, according to a magistrate’s complaint.
Through an interpreter, Marinelli admitted to police he had been having financial difficulties, wrote Assistant Attorney General Monica Jo Aguon, in a declaration in support of the complaint.
The “defendant further admitted that a male known to him only as ‘Michele’ approached him in Italy and asked if he could place skimming devices on Guam,” the declaration states. “Defendant indicated to police that ‘Michele’ might have connections to organized crime in Italy.”
Marinelli told authorities he arrived on Guam on Aug. 1 with three skimming devices.
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