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Crown says no mercy for mom

BY KEITH LACEY [email protected] Assistant Crown attorney Paul Condon has asked the court to impose a penitentiary term of between 30 and 36 months against a former law clerk who admitted to misappropriating more than $2.
BY KEITH LACEY

Assistant Crown attorney Paul Condon has asked the court to impose a penitentiary term of between 30 and 36 months against a former law clerk
who admitted to misappropriating more than $2.3 million from clients, including several financial institutions, between 1998 and 2000.

Laura Babij, 38, who is expecting another child shortly, pleaded guilty in March to numerous fraud and forgery charges admitting she misappropriated the money while working as a law clerk, bookkeeper and office manager at her husband?s downtown law office.

Justice Donald MacKenzie was scheduled to sentence Babij Monday, but after hearing a full day of submissions, said he wanted further time to consider his decision.

Babij and her husband,William, are raising eight children, each have three from previous marriages, and are expecting their third child. One of the children has special needs.

The judge will sentence Babij Nov. 8. She will remain under conditions of her bail order until then.

The Crown said the woman?s family is not reason enough to keep her out of jail.

?Given the size of the crime, the number of victims, the nature of the victims and the planning and deception involved and the lack of restitution paid to the victims, this warrants a custodial sentence in the penitentiary,? said Condon.

?You can?t put up a family situation as a defence to avoid the consequences of serious illegal misconduct.?

Court heard Babij stole money from numerous trust accounts and forged her name on mortgage documents over a two-year period. She also defrauded several lines of credit set up arranged by financial institutions.

Several of the smaller clients she stole from were repaid by her husband, but with most of the larger clients ?Mrs. Babij has not repaid one red cent,? said Condon.

The total amount of money misappropriated was $2.304 million.

The Ontario Court of Appeal has ruled on a consistent basis that large-scale frauds of this nature, where there are so many victims who suffer such
tremendous losses, cries out for a penitentiary term, said Condon. ?This crime is of an extremely serious nature,? he said.

Defence counsel Andrew Buttazzoni agreed that while most cases of this nature do result in a penitentiary term, there are provisions that fall under ?special circumstances? which allow the courts to impose a sentence that doesn?t include custody.

Buttazzoni recommended Babij serve a sentence of house arrest of two years less one day. She could only leave her home to continue her university studies or for medical emergencies for herself or children, he said.

Condon replied ?the net result would be nil? and the public would be outraged such a large-scale fraud did not result in a long jail sentence.

The fact Babij co-operated with police, has shown extreme remorse by pleading guilty at an early date and her family situation do qualify for special consideration from the courts, said Buttazzoni.

?This case falls into the narrow exception of special circumstances,? he said.

Babij and her husband have been financially devastated since her arrest, his law practice has suffered immensely, and the social stigma involved must also be considered, said Buttazzoni.

Babij has also been diagnosed with a personality disorder as well as suffering from manic depression, he said.