Woman spared jail time after stealing $22K in CERB payments from mentally disabled couple

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This article was published 08/11/2023 (704 days ago), so information in it may no longer be current.

A Winnipeg woman who admitted to stealing $22,000 in federal pandemic-assistance payments wrongly provided to two mentally disabled people living in her home has been sentenced to 12 months house arrest.

The sentence, which includes two years probation, was the result of a plea bargain that spared the now 58-year-old male and 50-year-old female victims from having to testify at trial, Crown attorney Erin Dunsmore told court Monday.

“Our complainants are vulnerable people in society and the process of testifying would have been very difficult and invasive for them,” Dunsmore told provincial court Judge Michelle Bright.

The plea agreement, which includes an order for full restitution, will also relieve the two victims of further dealings with the Canada Revenue Agency, which has been pursuing them for repayment of the Canada Emergency Response Benefit payments.

“The consequences from the government have been relentless,” Dunsmore said. “The CRA wants its pound of flesh, so to speak…. The CRA’s position has been that, ‘Unless there is a conviction, (the victims) still on paper owe us the money and we want the money back.’”

The offender, who is not being named because previous coverage of the case included details of charges involving her teenage son, pleaded guilty to two charges of fraud over $5,000 and one charge of assault with a weapon related to offences between September 2019 and September 2020. The assault charge involves the woman’s admission to using a microblading tool to tattoo the image of a penis on the male victim’s back when he was intoxicated.

“The basis of the plea is that he may have joked about having a penis tattoo on him at some point… and she went ahead and made that happen when he wasn’t in a position to consent,” Dunsmore said.

As part of the plea deal, several additional charges of fraud, voyeurism, and misuse of a credit card were stayed by the Crown.

Court heard neither the male victim, who received social assistance benefits, or the female victim, who had a job, qualified for CERB. Court was provided no evidence as to who had applied for the benefits.

The romantically involved victims were living with the accused when, over the course of several months, she had them transfer a total of $22,000 in CERB benefits from their accounts to hers.

“In doing so, the offender was aware that both individuals were unsophisticated and would do what she told them,” Dunsmore said.

The two individuals moved out to live with the female victim’s parents, who learned of the suspect financial dealings and contacted police.

Defence lawyer Hailey Allardyce said her client has struggled with mental-health issues and anxiety and thought she was entitled to some of the money she took.

Bright said the sentence recommended for the woman was on “the lower end,” noting her crimes could have invited a prison sentence.

“I hope you understand you are very lucky you aren’t going through that door (and into custody), rather than through the front door,” Bright said.

Dunsmore said it was important to the victims that the money be repaid.

“That can only happen if (the offender) is working,” she said. “You can’t work from jail.”

dean.pritchard@freepress.mb.ca