Former Employee Pleads Guilty To Fraud Allegations
By Robert Thomas
Defrauding her employer of over $18,000 has led to a jail sentence and a separate restitution order for a Moose Jaw woman.
Appearing before Moose Jaw Provincial Court Judge Darryl Rayner the accused, Desiree Da Silva, plead guilty and was handed a 90 day intermittent jail sentence. Additionally she was served with a separate restitution judgement to repay her former employer Keon Garden Centre $8,554.
Court was told by Crown prosecutor Stephen Yussuf that DaSilva had defrauded her employer by two separate means.
She took $6,661 through manipulating the deposit records. Additionally through fraudulent Interac refunds to her personal chequing account took an additional $11,854 from Keon’s.
The offences occurred between May 3, 2020 and Nov. 26, 2020.
The total amount she defrauded her employer for was $18,554, Yussuf told the Court, adding that in the end the business was out $8,554 because they had insurance for $10,000.
“This has affected what the Crown is seeking in terms of restitution,” he said.
Speaking on behalf off his client, Defense attorney, Estes Fonkalsrud told the Court Ms Da Silva took the money because she could not afford to pay her bills.
“She was in a relationship and when they couldn’t keep up with the bills and this was her living situation,” Fonkalsrud said.
After she was terminated by Keon’s for the fraudulent activity Fonkalsrud said Da Silva was able to find a new job but was terminated when Keon’s contacted her new employer about the allegations.
“The complainants have been reaching out to the community with what she has done. And she has lost her employment due to the alleged allegations,” he said.
Fonkelsrud said once caught there was an offer to re-pay the stolen funds that she was unable to do after she lost her new job.
“She lost her employment and had no money to re-pay it and the police were called,” Fonkalsrud said, adding “she is presently unemployed because of that.”
Defense continued that Da Silva understands what she did was wrong and why she is facing the penalty she is because it was a breach of trust.
About the 19 adjournments the case has already had was due to technical issues deciding whether Da Silva had conducted fraud or whether it was a theft, Fonkelsrud said.
If she was convicted of theft there was the possibility of a conditional sentence but since it was fraud Da Silva was not eligible for a conditional term, he said.
He also went on to state that there had to be a determination as to how much Da Silva had taken from her former employer as she did not make all of the deposits during her tenure at Keon’s Garden Centre.
“There are sometimes shortages at stores for innocent reasons. She wasn’t the only employee making deposits.”
Judge Darryl Rayner told Da Silva the crime she had plead guilty to was a very serious crime.
“This is serious because you breached the trust of the owner of the business,” Judge Rayner said, adding “store owners require their employees to be honest and you broke that trust.”
“It’s perfectly acceptable to send you to jail for this,” he said.
Judge Rayner said the insurer had shown compassion to Da Silva’s situation and had not sought restitution for the $10,000 they reimbursed Keon’s for.
“Why should the insurance company be out for what you did?” he asked, adding “it is because we don’t want to overwhelm you having to pay back (so much when you are unemployed).”
Judge Rayner told Da Silva she could have been sentenced to much longer than what the joint submission between the Crown and Defense had agreed upon. The sentencing decision was his alone.
“You committed a significant breach of trust here that often times they give nine months to a year.”
Judge Rayner made mention of the 19 adjournments of the case and how the case started its journey through the Courts in February 2021.
“It takes us a long time to get to this point but nevertheless there will be some consideration for your guilty plea,” he said.
“What you are giving up is the right to a trial by entering a guilty plea and the Crown is giving up the right to request a lengthy prison sentence.”
Judge Rayner then handed down his sentence which includes 90 days incarceration on an interim basis - to be served on weekends at the White Birch Remand Unit in Regina.
Additionally he issued a one year period of probation that commences immediately so as to allow the victim to receive a separate restitution judgement for $8,554. The order will allow the victim do register legal claims as a court judgement against Da Silva.
Her sentence will commence this Friday evening and she must report at the White Birch Remand Centre. She will be released at 7 am every Monday morning.
Da Silva’s probation terms are:
be of good behaviour
keep the peace
appear before the Court whenever required to
report any change of address or employment
report any name change
do not consume any alcohol or drugs 24 hours prior to attending White Birch
stay at least five meters away from the victim'
stay at least 50 meters away from Keon’s Garden Centre, the residence and/or the place of education of the vicitm
As part of the plea bargain the Crown put a stay of proceedings on the theft of money charge.
Additionally Judge Rayner waived the Victim’s Surcharge because Da Silva is presently unemployed.
Speaking on her own behalf Da Silva accepted guilt and asked the Court if there was anything they coud do to stop the harassment she had faced from the victim.
“I’m guilty I understand and I need to get a job and get on with my life,” she said, adding the victim had allegedly harassed her.
“They called my parents at their home…at the workplace…I’m not able to go to the grocery store,” she said because she was being harassed by the victim.
Judge Rayner said there was means that her lawyer could help her with in dealing with any harassment which could involve the police. Although now convicted Da Silva has rights not to be harassed as she attempts to rebuild her life and pay her debt to society, he said.
Da Silva also requested if there could be a publication ban preventing the media from reporting on the court proceedings. it was denied by Judge Rayner.