The Director of Public Prosecutions (DPP) has withdrawn a criminal case in which an American national was charged with defrauding Ksh. 174.2 million in a gold fraud scheme.
When the case was presented for consolidation with another, Milimani Principal Magistrate Caroline Nyaguthii was informed by Senior State Prosecutor Judy Koech that she had been instructed to withdraw the charges against Sergio Patrick Antonucci alone, under Section 87(A) of the Criminal Procedure Code (CPC).
However, the case against the other accused individuals—Emmanuel Wafula, Willy Kiplimo, and Ronald Osonga—who were charged separately, will proceed to a full hearing.
The magistrate granted the prosecution’s application to withdraw the case against Antonucci and ordered the return of his passport, previously deposited in court, along with any other documents he had submitted.
The four accused individuals face joint charges of obtaining Ksh. 174,218,793 through fraudulent claims that they could facilitate the sale of 2,920 kilograms of gold, a claim that proved false.
Additionally, with the US government imposing stringent sanctions on individuals allegedly involved in the illegal gold trade, the four accused have been charged with defrauding businessman Tanner Caldwell Cook of USD 1,271,200 (Ksh. 163,984,800) in a bogus gold deal.
The charges against Antonucci state that between March 31 and May 30, 2024, in Nairobi City County, he conspired to steal this sum from Tanner Caldwell Cook.
In a second charge, Antonucci is accused of obtaining USD 1,271,200.74 (Ksh. 164,218,793) by pretences. Antonucci denied the charges and was released on a Ksh. 10 million bond. Following his arrest upon arrival in Kenya from Dubai, Antonucci was charged with conspiracy to commit a felony and obtaining money through fraudulent means.
According to the Directorate of Criminal Investigations (DCI), the accused individuals allegedly orchestrated the scam by posing as experienced bankers, investors, and legal consultants with specialized expertise in navigating complex markets that US businesses typically avoid.
The prosecution claims that in July 2023, the accused met the complainant, another US national, in Las Vegas, Nevada. Impressed by Antonucci’s credentials, the complainant contracted him to oversee and secure gold transactions in Africa.
Believing Antonucci to be licensed, the complainant paid a signing bonus of USD 50,000 on August 29, 2023, followed by further payments of USD 15,000 on January 24, 2024, and another USD 15,000 on February 28, 2024.
The complainant was then introduced to a Congolese accomplice, Eric Kalala Mukendi, as well as the alleged gold seller and licensed exporter, at the Four Points by Sheraton Hotel in Hurlingham, Nairobi.
At this stage, the victim, through his company AURUMSIC ONE LLC, signed a Sales and Purchase Agreement with AERO Logistics for the purchase of 2,820 kilograms of gold.
