Projo 7 to 7 News Blog

BOSTON -- Two of the California men who pleaded guilty 18 months ago to siphoning $132,000 from the bank accounts of 238 Rhode Islanders by rigging the PIN pads at Stop & Shop markets in Providence, Cranston and Coventry lost their bid Friday to have their six-year sentences reduced.

In separate opinions issued by the U.S. First Circuit Court of Appeals, the justices rejected pleas submitted by 23-year-old Arman Ter-Esayan and 30-year-old Mikael Stepanian, both Armenian immigrants.

The two were part of a group of four who in early 2007 bilked Stop & Stop patrons by replacing the PIN machines in the checkout lanes with ones they had rigged up so they could come back later and collect the personal identification information from Stop & Shop patrons who swiped their cards.

In their appeal, Ter-Esayan, of Valley Glen, Calif., and Stepanian, of Studio City, Calif., contended that the U.S. District Judge William E. Smith erred in handing down their sentences, arguing that he should not have based his calculations on their stealing from 238 individuals because all of them ultimately were reimbursed by their respective financial institutions. The pair contended there really were only 27 victims -- 26 banks and the Stop & Shop chain.

But the court said Smith's interpretation was correct, and observed that while the individuals were all reimbursed, some had suffered serious economic consequences, pointing to one individual who was temporarily without money to buy gas and food for his family, and another who had to borrow $500 from family members to make ends meet.

The court also held that Ter-Esayan had waived his right to appeal when he pleaded guilty pursuant to a plea agreement and could not claim a miscarriage of justice.

This story was originally published at 7:15 p.m.

 Tags  arman ter-esayan Circuit Court of appeals mikael stepanian PIN pad thieves Providence ri

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