Father and son convicted of usury over 100% interest loans

Consiglio Bartolo, 51, and his son Raydon Bartolo, 23, have been found guilty of usury after a court concluded that they charged unlawful interest rates amounting to 100% on several loans granted to Raymond George Briffa over a two-year period.

Delivering judgment on Tuesday, Magistrate Caroline Farrugia Frendo sentenced the two men to twelve months’ imprisonment, suspended for three years, and a €2,500 fine each. The court also ordered Consiglio Bartolo to repay €2,732 in excessive interest to the victim.

The case originated from loans advanced between May 2016 and mid-2018. Evidence showed that Briffa, who initially approached Raydon Bartolo through Facebook seeking funds, was introduced to Consiglio Bartolo, who provided the money. The repayments demanded were systematically double the principal amounts lent.

Court records show that Briffa borrowed a total of €4,600 through several transactions. For example, he repaid €1,000 on a €500 loan and €3,800 on a €1,800 loan that included a late payment charge. The total interest paid amounted to €3,700, far exceeding the maximum legal rate of eight per cent permitted by Article 1139 of the Civil Code.

The prosecution, led by Inspectors Claire Vella and Oriana Spiteri, presented corroborating evidence including a recorded phone call and Facebook messages. In one exchange, Briffa asked, “1400 hux?” (“1400, right?”), to which Raydon replied, “Ija king” (“Yes, king”). The court said this confirmed that the accused expected double repayment.

Both accused chose not to testify. They claimed that Raydon merely acted as an intermediary and that Briffa had repaid only €100 on a €700 loan. The court dismissed this version as inconsistent with the evidence and testimony provided by Briffa and his father.

A procedural objection raised by the defence over the spelling of Raydon Bartolo’s name was also rejected. The court held that the accused’s identifying particulars matched those in the charge sheet, and that he had consistently appeared in court and responded to the imputation.

Citing established jurisprudence, the court noted that the offence of usury is completed once an agreement for illegal interest is made, regardless of whether full payment occurs. It ruled that both men were morally and legally responsible, with Consiglio acting as lender and Raydon facilitating the transactions.

In its sentencing, the court ordered Consiglio Bartolo to refund €2,732 to Briffa, reflecting the difference between the total interest paid and the legally permissible rate. This restitution order constitutes an executive title.