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Not much police can do about shady sales if statute of limitations has run out

BY KEITH LACEY Greater Sudbury Police are concerned a Sudbury business owner who pleaded guilty last week to peddling vacuum cleaners using questionable business practices may have ripped off many more people.
BY KEITH LACEY

Greater Sudbury Police are concerned a Sudbury business owner who pleaded guilty last week to peddling vacuum cleaners using questionable business practices may have ripped off many more people.

However, because there?s a two-year statute of limitations to file charges under the province?s Business and Practices Act, there?s little police can do.

Thomas Holmes pleaded guilty to charges in relation to incidents in December 2000.

?My phone?s been ringing off the hook all day Friday and today (Monday),? said Const. Nicole Lekun, Greater Sudbury Police Services? senior liaison officer.

?Every call was about Thomas Holmes and his business known as Diamond Holdings. Unfortunately, every reported incident happened more than two years ago and the statute of limitations has run out in terms of laying charges under the Business Practices Act.?

Last week, Holmes pleaded guilty to three counts of ?engaging in?unconscionable consumer representation? under the provincial Business Practices Act.

He was sentenced to 30 days in jail and ordered to repay $4,500 to three seniors who purchased vacuum cleaners they didn?t want after being pressured by salespeople hired by Holmes.

A justice of the peace also ordered Holmes to not work in any sales job during the full two years of his probation.

Holmes should consider himself lucky all the people who have come forward in the past few days didn?t complain to police sooner, said Lekun.

?I really wish all of these people had come forward sooner,? she said. ?We would have definitely have gone forward with a mass prosecution against this man.?

The three victims last week were all seniors, but Holmes and his company apparently didn?t just target this age group.

?Most were seniors?but a couple were in their 40s and another in their 30s,? Lekun said. ?However, the person in their 30s suffers from medical problems and is on a disability?we?d really like to know how he accessed certain information in picking out his customers.?

Police still want to hear from members of the public who may have purchased the Miracle Maid vacuums peddled by Holmes and his sales staff.

?The more people talk and share information, the greater the odds people will be more aware and won?t be victimized like this again,? she said.

In all three cases, the sales representatives not only got the seniors to sign deals they didn?t want to sign, but ended up taking away all the vacuum cleaners the seniors owned.

All three seniors lived on a fixed income and suffered from health problems. When they tried to cancel the contracts, they were told by Holmes the deals were final and couldn?t be reversed.

Holmes told the court during sentencing ?my intention was not to railroad you or pressure you into buying my products. I?ve been in this business for over 20 years?and nothing like this has happened.?

Greater Sudbury Police urge members of the public to contact the seniors? liaison officer whenever they have any concerns they feel require assistance from police. Lekun can be reached at 675-9171, ext. 2104.