A man in a baseball cap and shorts is shown near the Bank of Guam ATM and then in the Micronesia Mall parking lot. FBI, Pacific Daily News
Although Nicola Marinelli was given a release order by a local judge after taking a plea in the Bank of Guam ATM skimming case, he remains in jail waiting deportation.
Marinelli pleaded guilty to use of a scanning device as a third-degree felony and was sentenced to two years with credit for time served and the rest of it suspended, his attorney Rocky Kingree said.
The two other charges, use of a scanning device as a second-degree felony and conspiracy to commit use of a scanning device as a third-degree felony, were dismissed.
Marinelli installed skimming devices on two Bank of Guam ATMs, one at the Micronesia Mall and the other at the Subway restaurant in Agat, according to court documents.
A skimming or scanning device can be used to steal information from a customer’s ATM card.
Marinelli remains at DOC
Kingree said his client was given two years of probation and perform 50 hours of community service.
However, Marinelli may not complete the community hours because he remains at Department of Correction pending deportation, Kingree said.
Superior Court of Guam Judge Maria Cenzon released Marinelli after he was sentenced last Friday, but immigration officials then put him into custody for deportation proceedings, Kingree said.
Marinelli was moved from the local side of the correctional facility to the federal side, he said.
Kingree said Marinelli is willing to leave the island on his own because he wants to go back to Italy.
Bank employee recognizes Marinelli
Court documents state Marinelli was asked by a man possibly connected to organized crime in Italy to put skimming devices on Guam. He arrived on island Aug. 1, 2018 and planned to leave Aug. 8, 2018, documents state.
He was approached on Aug. 7 by police after a Bank of Guam employee recognized Marinelli at the Pizza Hut in Tamuning. The bank said in a statement that a bank manager noticed the customer in front of him matched the description of the ATM skimming suspect and called police.
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