HomeMy WebLinkAboutTimes Advocate, 1993-03-24, Page 3Times -Advocate, March 24,1993
Page 3
Bank employee sentenced to
12 months in fraud case
Continued from front page
While acknowledging the large loss to the bank, Ep-
stein asked the judge to consider McIntosh has lost
much as well. He said her case was well known in the
small community, she was pregnant with twins but
miscarried, lost custody of her children to her husband,
and even faced threats front drug dealers who were
owed money, "including threats on the lives of her
children", said Epstein.
One of the letters he read described McIntosh as a
"decent human being who has been to Hell and made a
U-turn."
Epstein then referred to numerous fraud cases in
which the accused faced jail terms of less than three
years, without the exceptional circumstances of Mcln-
tosh's•case. He argued that he crown's call for a term
of 3-5 years was inappropriate, and in fact the judge
might consider probation instead of jail.
He said Mclntosh's theft was not due to greed, but
was "a systematic theft to feed an uncontrollable dis-
ease, an addiction".
Epstein said his client would give back more to the
community than she would ask, more than she had tak-
en.
"In a case of this kind it makes no sense to sacrifice
an individual '.has been what she has been
through," he said.
But Epstein conceded that if the judge decided a jail
term was necessary as "general deterrence" to others in
similar positions, he said a term of 6-9 months might
be appropriately served at the William Proudfoot Com-
munity Centre in London, a facility for women operat-
ed by the Ministry of Correctional Services, which had
agreed McIntosh would be an acceptable candidate if
sentenced.
Jail term sought
Crown prosecutor Robert Morris presented a differ-
ent view of Mclntosh's crime and argued for a jail term
of 3-5 years. While there is no statutory minimum for
fraud, he said one might wonder whether there should
be, given some of the light sentences passed for those
stealing large amounts of money.
Moms said he disagreed Mclntosh's case was as ex-
ceptional as the defense argued.
"Somehow being an addict means a person can steal
for seven years, come to court and be treated lenient-
ly?" asked Morris, who argued McIntosh's addiction
did not mean she was not accountable or responsible
for her actions.
Morris pointed out the pre -sentence report noted
McIntosh, when confronted with mistakes in her work
in 1989, confessed to a drug problem, but later decided
to deny it, hide it, and make no more mistakes. He
said McIntosh had an option to confess her crime then,
but didn't. He said the only reason she later sought
counselling and displayed remorse was because "she
got caught".
Morris said-:414c1Mosir-was not sealing to feed her
family, but was-"Stesiing so she could get high every
day!'
crown agreed McIntosh's new behavior was a
good thing, but inspired by the charges she faced and
that rehabilitation looks good in court. He said her
"gift to the community" as an addiction counsellor may
or may not happen.
Morris emphasized her crimes were "well planned, '
sophisticated schemes over seven years, involving a
large number of transactions" and noted her confes-
sions were progressive, and only came in the proof of
each accusation.
He argued that a jail sentence was needed to serve as
a general deterrent to others who might consider steal-
ing to support other habits.
"What if she was addicted to gambling, would we
say the same thing? What if she went to Las Vegas'
and gambled the money away?" asked Morris.
In light of that, Morris said his recommendation for a
3-5 year sentence was not inappropriate, but agreed
with Epstein in that the time could be spent in a refor-
matory, rather than a penitentiary.
Sorry for pain
After a recess, Justice John McGarry asked McIntosh
if she had anything to say on her behalf, to which she
replied "1'm sorry for the pain and embarrassment to
my family and children. Thank you to everyone who
stood behind me".
In passing sentence, McGarry noted the 39 -year old
mother of two stole the $212,628.97 from the bank in
ever-increasing amounts over the seven years from
1984 to August 1991, but noted that before her drug
habit she appeared a reliable honest employee.
"The impact on her and her family has been devastat-
ing," said McGarry. "In my mind she has clearly
shown remorse and is willing to help others."
McGarry agreed that she has suffered no relapse is
unusual in such cases, but he said he also had to bal-
ance in the fact she had been in a position of trust at
the bank.
"She must have known she would eventually be
caught," said McGarry, noting her drug habit overrode
those concerns.
Asking McIntosh to stand, McGarry said without re-
habilitation and a remarkable recovery a sentence of
two years less a day might be appropriate, but said he
was sentencing her to 12 months, to be served at the
Proudfoot Centre.
McGarry said a compensation order to make restitu-
tion of $212,628.97 would be filed as requested. The
Bank of Montreal may be filing with a civil court for
total losses of $635,748.75 arising from interest lost,
and accounting costs.
Victims not satisfied
After the sentencing, some of those who attended the
court said they were clearly unhappy with the outcome,
saying they felt the sentence had been too light.
They argued defense's presentation made it appear
McIntosh stole the money from the bank, rather than
from the accounts of individuals. They also said they
felt the crown didn't fully pursue all aspects of the
Sortie pointed out that seven when making her apolo-
gy for her crime, McIntosh was more concerned with t
the pain she had caused her family than the damage
she had done to the victims.
Two guilty pleas in
Exeter traffic court
EXETER - A Crediton man pleaded guilty in Traffic Court last
Tuesday to a charge of following too closely.
The court heard that on January 25, OPP were called to an acci-
dent on Highway 4 al County Road 6.
The car driven by David Gibson hit the car driven by Gail Jones
while she was stopped.
Poor road conditions
were factored into the $90
fine.
No insurance
Marc O'Brien entered a
guilty plea to the charge
of driving with no insu-
rance and using an unau-
thorized plate.
The Dashwood man was observed by OPP driving his car on a
county road in Stephen Township, when he was stopped by police.
O'Brien was unable to produce car insurance and the licence plate
on the car belongedto another vehicle he owned.
Having no previous record, O'B ' n was fined by Justice of the
Peace Karen Sturdy $505 for havii g no insurance and $130 for us-
ing an unauthorized plate.
i
Safety report
Stephen arena
asbestos must
now be removed
CREDITON - Stephen Township
Council arc setting asidc more
funds to upgrade the safety of the
municipalities arena in Huron Park.
A Ministry of Labour follow up
inspection after the Christmas time
carbon monoxide scare at the arena,
in which several hockey players
had to be carried from the building,
copcluded that the gas problem has
been dealt with to their satisfaction.
Township administrator Larry
Brown explained that an electronic
controller has been fitted to the the
propane -powered ice machine,
which was generating the gas as a
byproduct of combustion. The con-
troller not only regulates the ma-
chine's engine, but also warns of
gas emissions.
A catalytic converter on the ma-
chine has also been fitted to more
completely burn the exhaust gases.
"The emission are down to zero,
actually zero," noted Brown.
The arena's ventilation has also
been improved, with one end pro-
viding fresh air, and the other draw-
ing stale air out.
However, in their inspection, the
Ministry of Labour said they dis-
covered small amounts pf exposed
asbestos in the building and are rec-
ommending it be removed.
Brown said the asbestos is on
some piping in the compressor
room of the arena and the general
public would never have come into
contact with it.
Tenders are being called on doing
the removal work and the cost will
be added into the 1993 arena bud-
get.
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