BY MICHAEL JAMES
A Sudbury bookkeeper who embezzled almost $400,000 from his former employer over a four-year period was sentenced to three years in federal penitentiary Friday.
In addition, the defendant, Francois Pelletier, 36, was ordered to make full restitution in the amount of $332,000 to the Michel family, who own several businesses in the city?s South End.
Court heard Pelletier defrauded several Michel family businesses between November 1998 and April of 2002.
The Michel family owns Gloria?s Restaurant, Gloria?s Video and A and J Home Hardware?all located in the Regency Mall on Bouchard Street.
Court heard Pelletier siphoned money from payroll, cashed rental payments and debit card withdrawals from business accounts over the four-year period.
Pelletier turned himself into police days after being confronted and fired by the Michel family once financial indiscretions were uncovered.
After Ontario Court Justice Louise Gauthier imposed sentence, a jubilant Bruno Michel was heard to say: ?Five (years) would have been better, but I?ll settle for three.? Pelletier was finally sentenced after several delays,
following his guilty plea earlier this year. Some of the delay was caused by Pelletier attempting to arrange some
form of restitution, which never materialized.
Before Gauthier passed sentence, an emotional Brigitte Michel-Finley told the court, from the witness box, the devastating impact Pelletier?s actions has had on her family and their businesses.
?Our family has suffered a great deal,? Michel-Finley said. ?We all have children??
Assistant Crown attorney Len Walker told the court some members of the Michel family lost most of their life savings because of Pelletier?s actions and it will likely take several years for them to recover from the financial devastation.
Michel-Finley repeatedly broke down throughout her victim impact testimony.
As partial restitution to the Michel family, Pelletier signed over title to a home he owns in Sudbury.
However, Michel-Finley testified, when she visited the property with a real estate agent, they were turned away by
Pelletier. In the end, the Michel family did take possession of the house, however, when they went inside, they discovered the interior of the house had been stripped.
The ?light fixtures, the Jacuzzi?everything,? she said.
Michel-Finley told the court the net recovery on the house amounted to just under $35,000.
No other efforts at restitution were made, the court heard.
?He (Pelletier) knew what he was doing,? said Bruno Michel. ?He falsified documents, shredded documents?spread it thin enough over the three businesses that other accountants didn?t pick it up.?
To this day his father, who is in his 70s, ?doesn?t understand any of it,? he said, adding he was glad his father didn?t
come to court for the sentencing because he might have had a heart attack.
In imposing sentence, Gauthier said the profound impact of Pelletier?s actions were an aggravating factor she had to consider before making her final decision.
As a result of Pelletier?s actions, the parents, both of whom are in their 70s, were forced to come in and help out (in the stores)?stocking shelves, instead of enjoying their golden years, the judge said.
Defence council Craig Fleming had asked for a two-year conditional sentence to be served in the community, arguing
consideration be given to special circumstances. Court heard Pelletier, a homosexual living in Northern Ontario, has encountered a number of obstacles as a result of his sexual orientation. As well, his client suffers from low self-esteem and had shown remorse for his actions, said Fleming.
Pelletier thought of committing suicide after he was fired and turned himself in to the police, said Fleming.
Walker argued there is a marked difference between remorse and self-pity.
Many people show regret for their actions, after they are caught, he said.
Gauthier agreed, describing Pelletier?s motives as ?greed?and self-gratification.?
During the period in question, Pelletier made approximately 730 unauthorized transactions for personal purchases or cash withdrawals totalling $312,950.
There were approximately 120 ?questionable? transactions made at office supply stores totalling just under $41,000.
The investigation revealed Pelletier often paid himself excessive amounts and a great deal of that money was free and clear of all deductions for employment insurance, Canada Pension and income tax.
The investigation revealed Pelletier paid himself an additional $52,000 over four years from inflated payroll and amounts over and above those indicated on time cards.
None of the $360,000 has been recovered.
Since Pelletier was charged almost 18 months ago and his family has taken over managing all its own finances, all
three businesses are again thriving, said Bruno Michel.
