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The Huron Expositor, 1979-11-29, Page 31BY AIS ORO Kenneth Beverley Wright,. 33,. of RR 2, Seaforth was found guilty in county eourt,. 100404 on Thursday of attempting, todefraud the Crop Insurance Comnussion Of Ontano. in passing the sentence, Judge Francis Carter tad the xourt, "1 am satisfied the acetised had both, the: intent: to defraud. and acted upptps that intent by signing the yield, loss form." " Mr. Wright will be sen- tenced on December lI, and was released on .his own • recognizance until that time., This is the first time a case of attempted fraud against the Ontario • Crop Insurance Commission has come to court, in the 13 years -s of the. commision's, history, In an interview following; the trial, Walter Bain, area, mans ger in the Stratford. office of the commission,. said the case "will certainty set• a precedent for the: commission." He said there are other cases in the pro- vince which; may now be brought to court.. He said, "Westill have some right in this immediate area that we're looking at."' Mr. Bain's jurisdiction, coy ers Huron,. Bruce, Perth, Waterloo and part of Oxford'. and Middlesex counties, The Ontario Crop Insurance Com- mission insures' "approx- imately 38 different crops" according to Mr, Bain, The area manager said, "99.9 per cent of the farmers are honest and it's unfair to those who are 'trying to do. the, right thingi to have this (the attempted fraud case) happen-" Kenneth Wright. was charged with selling 38,700 pounds of his ownwhite beans to ..the Ontario Bean Grower's Co-operative :in`. Seaforth under the name of Gordon Dale, a neighbouring. farmer. The ' 1:rown charged that when Mr. Wright filed his crop loss report in Nov- ember, 1978 with the. Ontario Crop Insurance agent; Peter Roy of .Clinton, he didn't notify the commission of the sale: of beans in Mr. Dale's name, Under the -crop insurance agreement made for .his. 70 acres of white beans, Mr. Wright was insured for the difference between his actual yield and 63,616 pounds of white beans under the guar- anteed poundage agreement with the commission. Mr: Wright sold " 17;810 pounds of white beans to the Bean Growers' Co.op under his own name. The crown claimed Mr Wright should have 'claimed. crop insurance for only 7,106 pounds..of white beans, in- stead of for the 45,806 pounds which were the sub 'ject of his claim. when he visited the farms "r Following the visit to the Wright farm, the two- adjUStr ers went to the Bean Grow. ers' Co-op office, and aaw manager Allan Bntaen,, ' While, examining the weigh tickets iia. Mr. Wrigbt's name in the files, Mr. Ross. Pet cad receipt H4937, made main the name 1 orlon Dile, for 38,700. pounds of white beans with a, moisture content of 21.6 peer cent and a 'pick of 12 Per Cent,. Mr. RosS:'told the court itis highly unusual to see two Separate loads of beans with. exactly the same moisture content and pick. Mr, Ross testified, "The moisture and. pick on white beans may vary possibly hour by hour on the same field." OPP VISITED After discovering; the Dale receipt, Mr. Rossreported his investigation to, Const- able Lorne Carter of the Goderich, O.P.P. detach- ment, Constable Carter visit- ed the Bean Growers' Co-op on Dec. 14, 1978, to check the recbrds; and: on Jan., 4, 1979, he and; another officer, picked up _Mr. Wright and. took ' him to the Goderich o P:P..office for :questioning in the matter Of a possible During; the trial, Gordon Dale testified he did not have Ken Wright deliver any beans for him in 1978..He also told the court he did not receive any money for the beans. Mr. Dale did agree with the defence lawyer ' that someone in the fall of 1978 did put a weigh 'ticket in his truck, Kenneth Wright later test- ified he put the ticket in the Dale . truck, but, didn't tell Mr. Dale at the time: He said. he put the .beans in Gordon Dale's ,name'.. because "'I owed Gordon some money and I. figured this was one way of .getting straightened up," • Both Mr. Wright and Mr. Dale testified that Mr. Dale had completed some custom work on the Wright farm and'. sold Mr. Wright some clover seed in the spring of 1978:: Under cross=examination by crown attorney. Garry Hunter, Mr. Wright testifed that the 38;700 pounds of beans put in Dale's name later "just slippedmy mind." He also told: the court he was not in insurance agent PROOF OF LOSS Peter Roy testified the proof of loss form, was Com- pleted on Nov: 13, 1978, when he, visited the Wright farm-: He told the court Mrs. Helm • Wright had the Co-op weigh tickets ready for him, and he filled in these figures on the form which serves as a yield report for the'insurance commission: Mr Roy testified the weigh tickets showed 11,810 pounds of white beans, with a 21.6 per ` cent moisture content and pick of 12 .per cent, had been sold to the Seaforth Bean Growers' Co- op by Mr. Wright. The insurance agent told ' the court Mr. Wright' indic- ated at the time that this was his total crop of white beans, and signed the yield forth stating this, Mr. Roy test- ified he had already written in the weigh ticket figures when Mr: Wright Sighed the yield loss report. The defense later argued that. Ken Wright signed the form in his implement shed, when the form was Wank and that Mr. Roy then went into the Wright home and filled in the figures from the weigh tickets, Since the crop loss was high, Alf Ross. of Seaforth, an. adjuster with the Crop Incur- ance Commission, And Jack. Batten, then an adjuster with the Ontario Ministry of Agri culture and Food, visited the Wright farm on .moi 12, 19784 Mr. Ross testifed he Wan- ted to verify the information ori the yield loss report and asked Mr. Wright if the yield . repotted on the form Was eorwplete and accurate, He said he had nO idea Of I`�iad lir 'attempted fraud Peter Rey's presence its Nov, 1,978,, when Mr.. Roy took :down the final yield loss. report. Mr. Wright indicated he signed the form when it was blank., and then Mr, Ito filled in the crop yield inn formation froth the weigh 'Hunter pointed out to the. icourt that it was- obvious. adjusters Alf Ross and Jack Batten visited the Wright farm to verily the crop loss report on Dec, 12,. The crown" attorney said, "and it didn't dawn on him{. (the defendaint) 0 y tickets given to him by Mrs. Wright. DAIS'S NAME In hisdefence summation, fawn * r Robert Rogerson of Stratford, said,• "If Ken Wright wanted to defraud.: the Crop Commission, why would he put some (of the beans) in his own name, and some in Dale's name, why wouldn't he put them all in Dale's name?" He told the court Mr. Wright's .explanation about paying. Dale.. for his custom work with the beans seemed credible - "it seems to me the barter system is very common among farmers," the defence lawyer said. The defence lawyer argued there was a reasonable doubt about what happened when his client filled out the yield loss' report on the beans with insurance agent Peter Roy. Crown Attorney Garry- Hunter told the court he found it "inconceivable' the defendant, Kenneth. Wright, could forget about "twice: as many beans as he sold." then that, there was another 38,700 pounds of beans in his friend's name." r. Mr. Hunter said the ac, cased had at least ' three occasions to recall; the bean sale. "1 submit it's incon- ceivable anyone's memory could be as bad as that," Mr. Hunter told the court, In concluding, the crown attorney said the defendant had taken every required step to obtain a payment for the 38,700 pounds of white. beans from the Ontario Crop Insurance' Commission.. Jud$e Francis Carter, in handing down the verdict, said while the defendant had testified he signed 'a blank yield loss report, the judge didn't see why Peter Roy (the insurance agent) should lie, since .he had nothing at stake; whereas the accused hada vested interest in the matter. "I accept the testimony of Mr. Roy that the yield. fig - • Drain expenses Tile drainage expend- ituresmust be taken as an expense in the year in which the work was completed. However, the 'interest on. each payment is an eligible expense for theyear when the loan payment is made,. Tile loans are ;amortized over 10 years. Amortization means that there's a differ- ent principal and interest figure in each payment, The interest part of, the payment ismuch larger for the first • very small figure with the tenth payment We have - a handy chart • that showsthe annual inter- est and principal• payments for each year of a $100. loan . 'at 6% interest. Fora $10,000 loan, these figures would be multiplied by 100. This interest and principal, breakdown can always be obtained from, the township office. However, it's handy to have, a chart of .your own,. Am were *chided in `thO prod' of loss form before it was, signed,"" Judge Carter told; the court, In finding Kenneth Wright guilty of attempted fraud, the ,judge said, "I am satis- fied the accused had both the intent to defraud and acted upon that Intent by signing, the yield loss form." Following the trial, ;de- fence lawyer Robert Roger- :;n oger son, said an appeal an behalf of: Mr. Wright is ""under consideration.,, Witness for the prosecu, tion, in addition to those already megtior ed, were Donald- Scott, Allan Butson; and Lorne Ward, of the Ontario Bean Grower$."` Co- op; Constables Lorne Carter, William O. Hassall and Mor- ley Leeking of the Goderich Q,P.P. detachment and Henry Ediger, of Toronto, from, the Ontario Crop. Insur- ance Commission,• The witnesses for the de- fence were . Mrs. Velma Wright, wife of the defend- ant; Oliver Wright, his father of R.R. ZM Seaforth and Bernard McQuaid of Seaforth. Soil and crop day. pianned in Perth The Perth Soil and Crop Improvement Association is sponsoring a Crop Inform- ation Day on Tuesday,, ,Dec. 4th. ft will be held at the Stratford Coliseum, begin- ning at It a.m, John; Murphy of the Royal Bank will' be lead-off: speak- er. John is Manager of Regional Agricultural .Ser- vices, At 11 a.m. he'll: be. speaking on How Farm Man- agers Are Coping With High; Interest Rates, in the afternoon, Soils & Crops Specialist: Pat Lynch, will discuss the Soil and Crop projectscarried out in Huron and Perth during 1979. There will be reports by farmer co-operators as well as Perth County Weed Inspector, Cyril Brown. A printed re- port, with details. on .each project, will be available to each person in attendance, The Soil; & Crop Associ- ations in Huron and Perth are collecting the results of corn hybrid -trials in the two counties..A summary of ;this information will be presented by Pat and ' the :Committee members. ' • There's a whole host of other topics. One project measured the . accuracy of spread of fertilizer spread} ers. Another looked at spray.: er calibration. A third project involved 'diffehent levelsof potash on the winter wheat crop: • Other discussionwill; involve problem weeds in. Perth county, soybean har- vest losses, the new corn head smut, potash recom- mendations, for alfalfa and herbicide programs for cereals and corn.' All Perth farmers are con- sidered members of the Soil & Crop Improvement Assoc. Kern kale to piny Your .Moot Ind Now Wintario.goes weekly. With a new 6 -digit ticket" that's a lot more fun to play, With more ways to win, With more prizes- 165.972"• of them every week, inducting 15 grand prizes -3 of $100,000 and 12 of $25,000,.. And nine exciting new draws instead, of six, every Thursday night live on TV,' FIRST. DRAW- 4 WAYS TO WIN $10. • i's'"" i A: The first draw is for a.3•digitnumber, t And if any 3 con- secutive digits in your ticket number match the number drawn. you're a winner. For example, if your ticket number is 123456, you would win if 123.234; 345 or 456 were drawn. Thies 4 separate chances at 12;000 — $10 : prizes In the 1st drew every Thursday." SECOND DRAW- 3 WAYS TO WIN $100. �f The second drawisa Y 4- 't tY 465. number. Arid *K �. if any 4 consecutive digits in your ticket number match the number drawn, you're a winner. For example, if you hold ticket number 123456, you would win 11 1234, 2345 or 3456 were drawn. 900—$100 prizes in the 2nd draw every THIRD DRAW—,2 WAYS -TO WIN $1,000; The third draw isa .. 5 -digit number, And if 5 consecutive digits in your ticket number match the number drawn; you're a winner. For example, if your ticket number is 123456. you would win if either 12345 or 23456 t vera drawn. 60-41.000 prizes timely 'Thutsday.** the draws story Thursday night., r FOUR H. FIFTH. SffrittSEVENTH DRAWS.—FOR $25,000 GRAND PRIZES. ,*Ikit the iime>d in blecks of one otlitiori each ttu'ntiei d !tom 000000 to 94$999. No aerial nurnbert 01 of thretinistdn*heis sued .'` t.,4. The next four draws are 6 -digit numbers., each of them worth $25;000 if' your ticket number matches the number drawn, No subsidiary prizes in these draws. 12-$25.000 prizes every Thursday." EIGH'T'H •DRAWFOR $100,000 GRAND PRIZES PLUS MANY MORE CASH PRIZES. f: k°." The eighth draw for the First Grand Prizes is, also a6•digit number, if your ticket number matches the number drawn, you win one of the three $100,000 Fust Grand Prizes.**. And for this drat* only. if the last five digits on your ticket correspond to those of the winning ticket number, you win $5,000: Match the last four and you win $100. And if you have the last three correct, you win $10: 3— $100,000 prizes, 27- $5.000 pHus, • 270—$100 prizes and 2,700—$10 prizes in the Eighth Draw every Thursday." NINTH DRAW— 5 WAYS TO WIN A 1NIN'FALL PRIZE.. The W n'tall draw is a 2 -digit number. And itany 2 con- secutive digits in your ticket number match the number drawn, you wft a free book of Wintario tickets on the /text draw worth 55. For example, if your ticket number is 123456, you would Win With 12, 23 34, 45 or 56. 150,000 trirdail Pdzet every Thursday" and are invited' to attend, Attenders can bring their own lunch or purchase it. for $3,00. 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