|
May 7, 2010
Protected witness faces scam charges
By NADIA MOHARIB, QMI Agency
CALGARY - Numerous fraud charges have been laid against a man once in the federal witness protection program and paid hundreds of thousands of dollars to be an agent for RCMP. As the case goes before the courts, many who lost thousands of dollars in the ruse have been doing their own police work, discovering to their horror the friendly fellow they once trusted with their money is not only an alleged crook but someone Mounties relied on to offer testimony in another province to put organized criminals behind bars. At the time, the accused swindler, who now has a different name, was placed in the federal witness protection program. Court records show Calgary police and RCMP have laid numerous fraud and theft-over-$5,000 charges against him for offences said to have happened over a two-year period. A number of victims claim they lost anywhere from $20,000 to $60,000 each in a scam that led to financial hardship, broken friendships and frustration because police did nothing to warn the public of the alleged scheme. An estimate gleaned from limited courthouse information suggests the alleged scam bilked people of hundreds of thousands of dollars. At least two of the alleged victims lived in Calgary while others are from Eastern Canada. Now, many of the victims are asking why police are willing to prioritize protection of a one-time informant over safeguarding law-abiding citizens, or at the very least why they didn't put out a public warning about the alleged scam. Federal witness protection laws mean the name of a protectee or former protectee, his/her new name and other details that would directly or indirectly identify their location or identity cannot be made public. Being in the witness protection program, currently or at one time, offers no immunity from anyone being sent before courts if suspected of a criminal offence. Legal provisions mean none of the victims can be named and specifics regarding the alleged offences cannot be detailed. While many of the victims are grappling with the obvious financial loss, many have teamed up to share stories with one another. It led many to do their own digging, in part using information from the accused, who claimed to work undercover for the RCMP or offered portions of his real name. They also turned to the Internet and to news stories. There, along with photos of the familiar face, they learned of a career criminal, a man placed in the federal witness protection program while helping cops make arrests in an undercover sting operation in another province. One victim, who lost $53,000, says he was flabbergasted. "I felt like I woke up in a CSI movie," the man says. Like others seeking justice, the victim believes the man had an advantage, given he could hide behind the new identity given to him by Mounties. "He's walking around like he's above the law," he says. "If the RCMP are going to protect a criminal, I believe they are as much to blame. "As soon as they found out this guy was continuing with criminal activity, they should have arrested him." Another victim lost about $60,000 and a friend in the process. He says he is one of about five people he knows lured into the scam by a common acquaintance, also an alleged victim, working with the man now accused of bilking them. "He presented as a fine, upstanding citizen and I fell hook, line and sinker. "It's cost our friendship and hardship all around," the man says. Another victim says a call from RCMP confirmed his suspicions, while another says she's glad he's finally before the courts. "But that won't bring my money back," she says. "And it's absolutely horrible we weren't allowed to warn anyone ... I brought it to RCMP attention on many occasions -- someone should have stopped it." Presumably, even if police felt compelled to warn the public about the case, they would have their hands tied by federal laws ensuring anonymity of a police witness or former witness. Calgary police spokesman Kevin Brookwell confirmed the charges against a man stem from a series of scams where a man allegedly targeted "close friends, associates and people he had established a level of trust with." He said given it wasn't random, police did not put out a public warning, adding "there are circumstances that can't be discussed that contributed to the decision." RCMP Sgt. Patrick Webb said police have to be selective when choosing when to put out public warnings. "We don't put out warnings about every investigation or it would lose its effectiveness," he says. Alberta Solicitor General spokeswoman Sharon Lopatka said the ministry leaves public warnings up to the discretion of police. One victim, who "was under the assumption I was the only schmuck," says he was disappointed to learn a woman had lodged a similar police complaint about the same man nearly two years earlier. In documents reviewed by the Sun, complaints to the RCMP Professional Standards Unit led to letters where they appear to wash their hands of any responsibility, saying the matter is civil, not criminal. "I find RCMP ... are looking after their best interest," one victim says. "The general public are treated as collateral damage -- they say we can't talk about the case and they won't warn the public. "If they controlled their dog, he wouldn't be biting everybody -- it's frustrating when he has more rights than we do." High-profile city lawyer Hersh Wolch says there may be a case against the Mounties -- in addition to the criminal proceedings. "The (criminal) case against the accused is kind of straight forward," he says. "The case against the RCMP would be very interesting." Wolch, who has met with a group of the victims, said it raises several issues regarding protecting the public from the criminal ways of someone hiding behind a new identity. "There is something basically wrong with using an unsavoury person and then giving him a false identity where victims can't even check out who he is," he says. "That's a real problem -- there may be a duty to protect the public from people like this instead of giving him a licence to cheat." Although his clients are relieved there are charges, he said there may be a case for holding police accountable for not taking steps to try to avoid more victims being duped, rather than helping foster it. "It's almost like giving a person a licence to commit crimes," he says. nadia.moharib@sunmedia.ca
|