Samoan woman sentenced in CA for her part in refund fraud scheme

Sacramento, CA — A Samoan woman that prosecutors say has a “significant criminal history” has been sentenced to 98 months in federal prison by a California federal court for her role in a refund fraud scheme in which her biological father is a co-defendant, according to court records and documents.

Under a plea agreement with prosecutors, Sabrina Raylene Toilolo — who had been in custody since her arrest in 2020 pled guilty in July 2021 to conspiracy to commit wire fraud at the Federal Eastern District Court of California.

“The fraud in this case was extensive, resulting in loss in excess of $1 million. Ms. Toilolo is personally accountable for $1,106,679.86 in loss,” declared federal prosecutors in their sentencing memorandum filed two weeks ago.

And last week Thursday, she was sentenced by U.S District Judge Daniel J. Calabretta to seven years and two months in prison. She was also ordered to pay restitution of $1.10 million.

Court documents state that the defendant participated in a merchant refund‑fraud scheme, in which her co-defendants in the case are her biological father, Talalima Toilolo, and two others — Johnathon Ward and Monica Nunes.

According to court documents, between July 2017 and September 2019, Sabrina Toilolo, Ward, Nunes, and Talalima Toilolo conspired to defraud financial institutions by exploiting the merchant refund process used by businesses and retail establishments to refund customers for returns, reimbursements, and erroneous charges. In total, the conspirators attempted $3.8 million in fraudulent transactions.

The defendants committed this scheme by stealing or purchasing point-of-sale (POS) terminals used by businesses to process bankcard transactions. Sabrina Toilolo supplied access devices and executed fraudulent refunds using her own POS terminals.

Sabrina Toilolo’s defense team in their sentencing memorandum filed two weeks ago, sought 70-months of imprisonment along with 2 or 3 years of supervised release.

The defense argued that Sabrina Toilolo committed the offense while living a life consumed by drugs and bad influences including her father, Talalima Toilolo.

“That does not excuse her conduct, but it puts it into context: She has never known anything but trauma and drug- infused crime most recently at the direction of her elders,” the defense said. Additionally, Ms. Toilolo’s individual characteristics reflect she suffered from a harrowing childhood with early drug abuse including a heroin addiction by age 13.

“Yet today she is showing an interest and the ability to govern her conduct and to function well: she has completed coursework while detained since 2020 in an effort to improve herself and was recently temporarily released — without incident — to attend the funeral of a family member,” the defense argued.

“Finally, Ms. Toilolo accepted responsibility early and entered into a Plea Agreement without the need for a trial,” according to the defense.

Prosecutors in their sentencing statement, also filed two weeks ago, pointed out that without question, Ms. Toilolo had a difficult upbringing. Her biological father had a significant criminal history and was a chronic drug abuser. However, prosecutors argued that the biological father is a codefendant in the scheme.

According to prosecutors, beginning in at least as early as July 2017, Ms. Toilolo engaged with her father and others to execute a refund fraud scheme, in which the co-conspirators obtained point-of-sale terminals intended for merchant use.

Ms. Toilolo and co-conspirators programmed these point-of-sale terminals to conduct fraudulent refund transactions. The money from these refunds was placed on access cards.

“In this way, conspirators obtained ‘refunds’ when no actual purchase had ever been made. The access cards with the ‘refund’ money were then used by the coconspirators for personal purposes,” prosecutors argued.

Prosecutors recommended a 98- month term of imprisonment, followed by 36 months of supervised release, and restitution of $1.10 million.

As previously reported by Samoa News, Talalima Toilolo was sentenced in 2021 to 10 years in prison and Nunes was given a 12-year jail term during his 2021 sentencing. Prosecutors say Ward has pled guilty and is scheduled to be sentenced Nov. 9, 2023.