Man Recovers Confiscated $18,000 but Faces AWG 20,000 Fine at Aruba Court
A Colombian man who had $18,000 confiscated at Aruba’s airport has been cleared of money laundering charges by the Court of First Instance, but was ordered to pay a fine of AWG 20,000 (approximately $11,100) for failing to declare the funds.
Jhon Pinzon Castillo, a 40-year-old Colombian national, appeared before the Judge of the Court of First Instance after the Public Prosecutor’s Office accused him of failing to declare a sum of money he intended to send to Colombia. Prosecutors also charged him with attempted money laundering, alleging the funds confiscated from a female companion were being smuggled out of the country.
Incident at the Airport
Authorities detained a woman at the airport after discovering she was carrying cash exceeding the legally permitted amount for travel. The woman immediately informed officials that the money was not hers. A search revealed $18,000 hidden in her clothing and in a tin container. She was detained, followed by Castillo, who admitted the money belonged to him and that the woman was doing him a favor by transporting it to Colombia. Castillo stated the funds were destined to pay for a piece of land he had purchased and on which he was behind in payments.
Defense Presents Evidence of Legitimate Income
During the proceedings, Castillo demonstrated to the court that he had earned the money through legitimate work, primarily as a mechanic repairing vehicles in Aruba. He explained that his decision to send the money through an informal channel was driven by his lack of legal residency status, which prevented him from using official money transfer services.
Notably, the Public Prosecutor’s Office failed to present concrete evidence confirming that Castillo had committed money laundering. The defense argued that no proof existed showing how the alleged laundering scheme would have operated.
Court Ruling
The judge acquitted Castillo of the money laundering charge, finding that the prosecution had not substantiated the accusation. However, the court determined that Castillo had committed a violation by failing to declare the funds at the airport. The judge stopped short of treating this as a serious offense warranting harsh disciplinary measures.
Castillo was sentenced to pay a fine of AWG 20,000, which will be deducted from the confiscated $18,000 (equivalent to approximately AWG 32,400). After the fine is subtracted, Castillo will recover approximately AWG 12,400. The prosecution’s request to permanently confiscate the full amount was denied.
Castillo, through his attorney, informed the court that he would not appeal the decision and agreed to pay the fine.
