Why Earl Jones Got $30,000 Bail.

Those affected by the Earl Jones scam are scratching their heads in frustration in light of Earl Jones' $30K bail and his quick exit from jail.

Sources close to the investigation shed a somewhat different light than what you are reading in the newspapers.

As soon as Earl Jones had his investment scheme blow up on him, he knew that the jig was up. He could of flown the coop, but instead went to see his lawyer, Jeffrey Boro at the Place D'Armes office near the Montreal courthouse.

Mr. Boro informed the police as to Mr. Jones whereabouts, but there was no arrest warrant issued because prosecutors had not developed a case. During this time Mr. Jones travelled to the States to visit his daughter with the full knowledge of the police.

Mr Jones made several visits to his lawyers office during the three weeks when he was supposedly on the lam.

During this whole time, the police (and Earl's family) knew exactly where he was. That is why there was no manhunt and no comment from police concerning his whereabouts. Those who felt police weren't doing much to search for Jones can now understand why.

The investigation was hampered by the key member on the law enforcement side being unavailable for over a week (out of town).

At any rate these investigations usually take months to complete before charges are ever laid.

But as the public pressure mounted, the situation became untenable and even the police themselves, not wishing to appear inept, demanded that the crown go forward with charges even if a case hadn't be made as yet, so they could make the arrest.

Mr. Boro wrung several concessions from the police, including the one where Mr. Jones would be arrested in his law offices, instead of on the street. This actually suited the cops and they made the arrest dressed in their Sunday best, secure in the knowledge that their picture would appear in every newspaper in Canada.

Because there was never any question of flight and Mr. Boro delivered Earl as promised, prosecutors could not in good faith oppose bail, in fact the amount and the conditions were negotiated beforehand.
It wasn't magic that the $30,000 bail money was ready and waiting in court and Earl was out the door in a matter of minutes.

The rushed charges against Earl will be followed up with more charges once the complete investigation wraps up. That won't be before the next appearance in court where prosecutor's will be forced to seek another delay. But that may not happen at all, with the more likely possibility that Earl will take a plea.

It was clear from Mr. Boro's comportment that Earl won't be mounting much of a defence.
I don't think I've ever heard a defence lawyer state that it was time for his client to ' face the music' before charges were even laid!

Mr. Boro has stated on more than one occasion that Earl is in a precarious state of mind. This fact is absolutely true. Sources who know, say that he is completely freaked out and dangerously unbalanced.

His rough treatment at the courthouse, as he was bustled into a waiting car couldn't help that situation.

We are headed towards a guilty plea with no trial.

Earl has no desire to face his accusers. His consternation is real.

I also believe that prosecutors will not not accord the usual courtesy of a reduced sentence for the plea, he may get between eight and fourteen years, but alas, will probably be out in under three years.

It seems that for once the justice system is bending to public pressure as evidenced by the hurried and incomplete way charges were laid by prosecutors.

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$140,000 Theft = 1½ Hours in Jail!

With the arrest of Montreal fraudster Earl Jones, bilked investors are now looking to the justice system for a measure of retribution, since there's little likelihood of getting their money back.

If Vincent Lacroix's recent release from prison serves as an example, they shouldn't hold their breath.

Mr. Lacroix was convicted of stealing $130 million dollars from some 9200 investors and after all was said and done spent just 555 days in jail.

Those investors each lost an average of $140,000 dollars and if you do the math it works out that for each of those crimes, Vincent Lacroix spent a total of 1½ hours in prison!

Yup, each and every of one of Mr. Lacroix's 9200 victims needs to be satisfied in the knowledge that he spent a total of 1½ hours in jail for the crime he committed against them.

1½ hours in prison!

People may look at the 150 year prison term that Bernie Madoff got as being a bit excessive, but what the judge did quite rightly is add time up for each crime committed. Those victimized by Madoff can take a measure of relief that he'll rot in jail for the rest of his life.

Here in Canada we take the perverted view that 'non-violent' crime is somehow less damaging than violent crime and should thus be judged differently.

In other words, rob with a pen and you'll get a slap on the wrist. Rob with a gun and you'll get serious time.

A home invader may typically get 6 years for a first offence, but will not be eligible for accelerated parole after serving 1/6 of the sentence because of the weapon he brandished in the commission his crime. Typically he'll make off with a few thousand dollars at best.

A fraudster who uses no violence to fleece investors of their life savings will typically get the same type of sentence, but will be eligible for very early parole.

I wonder if all those swindled, given a choice would rather suffer a home invasion where they are held at gunpoint and relieved of a couple of thousand dollars, rather than losing their life savings in a 'non-violent' fraud?

While I certainly don't belittle the terror that those who suffer a home invasion go through, the vast majoirty would certainly opt for the hour of terror, rather than seeing their entire financial future wiped out.

Given everything that has occurred this last year with Lacroix and Madoff, how will our judicial system react?

Will Mr Jones get bail and walk out of jail until his eventual trial months or years later?

If convicted, will he get a sentence that reflects the gravity of the crime?

Will the justice system listen to the desperate voices of the victims crying out for a sentence that befits the crime?

Probably not.

To underline how little faith people have in our criminal justice system, the victims Earl Jones are are organizing a demonstration in front of the courthouse today to demand justice. Victims of other frauds are also invited to participiate.

That's how low our justice system has fallen.

While justice is supposed to be blind, it appears that in Canada, it is deaf, dumb and blind!

We'd all like like to see Earl Jones get the book thrown at him.

Problem is, that in Canada the book is very, very thin.

No matter what is proven the very, very most time Earl Jones will serve is five years.

On the other hand, if things go his way, he may serve less than year!

What a travesty!

The very best thing we should do is to let Earl Jones go free and deport him to the United States.
Apparently, some of those he bilked are Americans. I bet that the US Attorney's office would love to get their hands on him. Even if he defrauded just one person in the US as opposed to the hundred or so here, he can anticipate a sentence that is three or four times longer in America. Being a foreigner, he have to serve out the majority of whatever that sentence would be.

Canadian police often are happy to cooperate and transfer dangerous international criminals to American custody because of sentencing differences.

It reminds me of the drunk Russian diplomat Andrei Knyazev, who killed a pedestrian in Ottawa while under the influence, a number of years ago. The Russian government invoked diplomatic privilege and sent him home. The public was outraged that the man would escape justice.
Privately a Russian official told me that the diplomat involved begged to be tried in Canada and to do his time here. Instead, he went home to face Russian justice, where he was convicted and sent to a Russian prison for four years! It is likely that in Canada he would have been sentenced to two or three years and be out in a couple of months!

If we want thing s to change we need to let our politicians feel the heat. They will only listen when people rise up and threaten their power.

This first demonstration is a start.

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Vincent Lacroix Represents Everything Wrong in our Jusitce System

Last week Vincent Lacroix, the Norbourg fraudster was released to a halfway house after serving just one-sixth of his 8½-year sentence in jail for a crime that severely damaged and in many cases, destroyed the retirement savings of over 15,000 Quebeckers, mostly seniors.

His saga highlights the utter failure of our justice system to deliver any semblance of justice. It is a cautionary tale of the systemic failure of our police, courts and of our penal system in general.

It highlights everything that is broken in the administration of justice in this country.

Vincent Lacroix engineered a fraud of some $130 million way back in 2005. His investors were mostly elderly, unsophisticated Quebeckers, apt to listen to their professional investment advisers, who placed their money into Norbourg, a company run by Mr. Lacroix which sold various investment funds.
Mr. Lacroix had done a stint in the province's powerful Caisse de Depot and after leaving for various other of investment-like positions, struck out on his own in 1998. His Quebec pedigree appealed to many francophone investors and brokers alike and the money flowed in.

Mr. Lacroix proved once again the old adage, that nobody can defraud you faster than one of your own.

Lacroix made irregular withdrawals from the funds placed in his trust and forged documents to hide the transactions. The money was used to buy other companies, pay employees, with a great deal of the cash just plain disappearing.

The Quebec regulatory agency, the AMF got involved after complaints and an audit revealed that just $70 million of the original $205 million originally invested remained, leaving investors high and dry.

This all happened before the great market meltdown last year that flushed out fraudsters like Bernie Madoff. The market at the time was doing quite well.

After an investigation, he was indicted on security violations and went to trial in 2007.

After a farcical trial in which Mr. Lacroix defended himself ineptly, revealing a decidedly unbalanced state of mind, he was finally sentenced to 12½ years in prison. After a failed appeal, the court did however reduce his sentence to 8½ years.

In the meantime the RCMP was conducting their own fraud investigation (which took 4 years to complete) and while Lacroix was in prison they indicted him on other fraud charges.
That trial is scheduled to take place at this fall.

Serving just one-sixth of his sentence, Lacroix was released to a halfway house last week. He spent about a year and a half in jail for a crime that impacted the lives of thousands of people and which will continues to have ramifications for the rest of their lives.

The majority of the investor were not rich to begin with, most worked their entire life to save a couple of hundred thousand dollars to finance a modest and safe retirement.
The financial disaster wrecked upon them by Lacroix meant that most had to go back to work, mowing grass, doing home repairs, or working as Wal-Mart greeters. Some were forced to sell their homes and move into rentals or worse still, move in with their children.

Lacroix was released, as officials explained, because the law is the law, non-violent first time offenders are eligible for accelerated parole. This, in spite of the fact that he is currently under indictment for fraud.
The official response- "He hasn't been convicted, so that fact is irrelevant."

And so the investors who were fleeced look on in disgust and horror, the short period of his incarceration another cruel stab in the heart. Mr Lacroix's quick exit from prison another betrayal, another disappointment. The protest vigil held in front of the halfway house that accepted Mr. Lacroix is evidence that the wounds are still fresh.

Aside from the overwhelming enmity that the victims feel for Mr. Lacroix, they are also enraged by;

• The incompetent financial regulators who allowed Mr. Lacroix to exist. Unlike Earl Jones was Norbourg licensed.
  
• The incompetent AMF and RCMP who took years to prosecute.
• The uninterested court system that barely considered the magnitude of the tragedy in punishing Mr. Lacroix.
• The ridiculous parole system that allowed him to escape any real measure of punishment by awarding him early parole.
  

It's perhaps unfair to compare the Canadian justice system with the American justice system, Canadians are by nature more forgiving, but there are some telling differences that are fair to examine.
While we may consider the American overly harsh and unforgiving, the vast majority of Canadians view our system as even more flawed, with sentences much too lenient.

One thing that nobody can deny is the relative efficiency displayed by the Americans justice system in moving the process along.

Bernie Madoff was investigated, tried, convicted and dispatched to jail in a matter of seven months! It took over three years to send Lacroix to jail. The RCMP investigation culminating in the charges Lacroix currently faces, took over 4 years to complete! If convicted, he'll likely be jailed six years after the fact.
As the saying goes "Justice delayed is justice denied."

Lacroix is not the only high profile crook to spend years free before finally being convicted.
Between 1993 and 1998, Garth Drabinsky and his partner Myron Gottlieb, executives of the theater company Livent engineered a fraud in which they cooked the books of the company, resulting in misstated company profits. The company was later sold at an inflated price based on the fraudulent numbers. In March of this year, 16 years after the beginning of the fraud, the two were finally convicted. As of today they still haven't been sentenced or sent to jail! Arrrgggh!!!!

Drabinsky is currently working on the CBC's program Canada's next Triple Sensation, acting as an on-air judge, giving advice and coaching contestants. What Chutzpah!
Could you imagine Bernie Madoff offering advice on CNBC while awaiting sentencing? What on earth was the CBC thinking?

Is it unreasonable to expect that by now, the only involvement Mr. Drabinsky would have had in the entertainment field, would be the organization of a talent show in Kingston Pen?

Don't think that it is only rich people that get to delay their day in Canadian courts. Any cynical person charged with a crime can engineer delaying tactic after delaying tactic, with the full cooperation of judges and lawyers.

An accused Quebec drunk driver, Guy Gagnon has successfully postponed his sentencing 32 33 times! Four years ago he ran down a child while under the influence. It isn't that complicated a case, he's argued everything under the sun to delay his imprisonment, including a demand for a new trial because the crown prosecutor who won his conviction has been appointed a judge. He's been out on bail all this time.
How do you think the victim's family views this farce?

Somewhere along the line Canada's penal system warped from being a system of punishment, to a system of rehabilitation. It seems that the old adage -'Do the crime-do the time' does not apply north of the border.

Canada's prison sentences are among the lightest in the world and coupled with one of the most lenient parole system in the world, criminals, especially first timers, spend little time in jail.

Whether punishment serves as a deterrent is perhaps beside the point. Reasonable sentences are crucial if the public is expected to respect and trust the justice system. When victims of crime see the perpetrators of their misery punished, it serves as cathartic salve and provides a form of satisfactory closure.

When criminals are let off with a slap on the wrist, it sends the message that society views the pain and suffering of the victim as unimportant.

Can things change? Probably not.

When the Conservatives recently proposed harsher sentences for paedophiles, the Bloque Quebecois party stymied the legislation.

Why? Because that's what they do.

If our dysfunctional Parliament can't agree on tougher sentences for the most egregious of crimes, how will they ever impose harsher sentences for financial scoundrels?

The administration of justice system remains one of the great flaws in our country.

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Mystery Widens Into Background of Murdering Afghan Family

While the media continues to be obsessed with the story of the Mohammad Shafia family honour murders, they'd be well-advised to are look into the mysterious circumstances of the family's immigration to Canada, two years ago.

The family unit presents as the unlikliest of candidates for selection as immigrant material. The family is huge, with many dependants, including seven children and an aunt (who turns out to be the first wife).

None of them speak English or French.

The father at 54 years old, has no professional or language skills and seems to possess none of the attributes of an ideal candidate. He is clearly too old to be considered as the sole breadwinner for a young family. It is reported that he claimed to be businessman who represented Sony and Panasonic back in Kabul, but the likelihood of that story being true is dubious and even if true, shouldn't have had any bearing on his eligibility for immigration.

Why? Because he obviously didn't present himself as a millionaire investor, otherwise the family wouldn't have had to live the lie of being poor. The ten of them set up home in a rather ordinary duplex in a modest Italian working class neighborhood. The home (pictured on the right) where the large family has been living is certainly not the digs of a multi-millionaire.

Since his arrival, Mr, Shafia purchased an investment property in Laval, a Montreal suburb, for $2 million, putting down $1.6 million in cash.

Impressive as that is, the property could never generate the income to pay for the contruction and maintenance of the fabulous home pictured below, that the family is erecting in one of the most expensive neighborhoods in Brossard, a town just off the south shore of the island of Montreal.
The community is home to the majority of Quebec's 5, 000 strong ex-pat Afghan community. Most don't live in such a fancy neighbourhood, but there are still quite a few in the ritzy development where the home is being built.

Mr. Shafia has opened and closed other companies, but they largely appear to be fronts.


Mr. Shafia is reported to have put down $700K on this home, which the press is reporting as being worth just under a million dollars.

I doubt if those reporters talked to any real estate agents before putting a dollar estimate on the property, but they are certainly way off base.

To those who know, the house, when finished and furnished, will be worth somewhere between 2 and 4 million dollars, quite a step up from a $1200 a month rental.
The three alleged murderers won't be moving into the mansion any time soon. It's more than likely that their new residence will feature an open bathroom concept.

It doesn't take a genius to see that Mr. Shafia was living a false life.

How he conned or bought his way into this country is something that should be investigated . He wouldn't be the first to have gained entry by less than honest means.

I doubt that being an electronics distributor in a country that sells precious few electronics can generate the millions that he seems to have at his disposal and there are precious few businesses in Afghanistan that can generate that type of money.

Any guesses? Perhaps he was in the flower business?

How on earth did they get into Canada??

The Canadian public is owed an explanation beyond the murders, but as we can expect, Immigration Canada is circling the wagons, resorting to the old cheasnut- 'privacy concerns' to refuse comment.

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Weekly Anglo Quebec News July 18-25

Want to Keep up with Quebec News in just 5 minutes?
Perfect for Ex-pats or those in a rush!
Every Saturday read a short, subjective weekly review of Quebec news with a Anglophone perspective.

The Family of Earl Jones published a public apology of sorts and asked to be left alone. Mr. Jones had just pulled off the third largest investment fraud in Quebec history, wherein he defrauded his customers (mostly friends and relatives) of between $50 and $100 million dollars.

The statement, read it here, crafted by a professional damage control consultant, did little to assuage the pain of the victims. The consultant admitted that he was hired by the lawyers retained by the family, which enraged the victims even more. When asked the name of the law firm representing the Jones family, he declined to respond, nor would he say where the family or Earl were hiding.
Judging by the comments at the bottom of the article the people aren't buying the claim that the wife didn't know what was going on and there isn't much sympathy for them at all.
Later in the week a lawyer hired by the fraudster himself, claimed that Earl wasn't on the lam, just cooling his heels in an undisclosed location in Quebec, depressed and afraid for his life. Boohoo!

Montreal Hospital apologizes for unattended stillborn birth The Royal Victoria Hospital apologized for leaving a couple alone in a room to deliver her stillborn baby. The husband was obliged to clean up the mess and the considerable amount of blood produced. Nobody came to check up on them during the entire ordeal. Long live medicare!
The hospital was unconcerned until the couple went to the media. After the story was published another women came forward and said that the same happened to her, twenty-one years ago. When she complained to the hospital, she was told that two nurses were reprimanded ... and that "this would never happen again" She recalled telling the ombudsman at the time that if it came to light that someone else had to go through such a "horrific experience, I will come forward."
Later in the week, another woman confirmed a similar experience.

Hydro-Quebec, Quebec 's electricity monopoly, under billed about 120,000 clients, who are bracing themselves for a significant increase in monthly bills. The utility who made the mistake, will not consider letting customers off the hook. Some will have to pay back up to $500. Ouch!

Best run Cities in Canada, According to Macleans magazine Montreal ranks 21th out of the 30 cities surveyed. Yikes!
Quebec City came in 9th. What's Quebec's best run city?- Longueuil , (across the river from Montreal) which was rated as the fifth best run city in all of Canada! Congrats!

Funerals of Note-Famous Quebec boxing champion, Aturo Gatto's funeral in the Little Italy district was attended by over a thousand people. Gatto was murdered last week in Brazil. His wife remains a suspect and behind bars. Read about their turbulent relationship.

Léa Guilbeault's funeral was held at Ste. Therese de l'enfant Jesus church in Montreal, on Tuesday. Guilbeault was crushed to death in a horrificaly bizarre accident when a piece of concrete fell from a building on Peel Street, while she and her husband where eating sushi in a restaraunt atrium below. Creepily, she chose the table and the seat where she died.

Bizzare of the Week. Montreal police say a man who had been drinking, decided to sleep it off, choosing a random driveway, apparently failing to notice the car parked there. Next morning, the car's owner got in, started up the car and ran over the man's abdomen. He suffered serious, but not life-threatening injuries. The driver suffered from shock.

CRIME & PUNISHEMENT

(Weekly review of interesting crime stories and court room antics)

Police solve Rideau canal drowning mystery. Four Afghani women were drowned in a bizarre incident in Kingston, when their bodies were found in a car at the bottom of the Rideau canal.
It was a murder! More specifically a Muslim honour killing. The mother, father and brother of the girls were arrested and charged with first degree murder. The 50 year old 'aunt' who was also drowned was revealed to be the husband's first wife! The story is on of the most sensational of the year and has generated front page news across the country.

Mother wins Bail in alleged GHB poisoning. A somewhat bizarre story out of Gatineau tells the story of a mother who is accused of posioning her baby with GHB (the date rape drug). Did she or didn't she? Is there even proof that the baby was poisioned?
This incredibly well-written article describes the situation. Read it, it's interesting.

A Wrongfully convicted man loses $2.5 million lawsuit against the government claiming wrongdoing by prosecutors and for the fact that he was abused while serving 3 years in prison for a crime he did not commit. The judge disagreed on all counts and awarded him bupkis.

A Prisoner escaped detention from the Centre de détention de Québec. It wasn't exactly the 'great escape' as he was outside the prison walls cutting grass as part of a work gang. The prison's policy of having prisoners outside the walls of the prison unsupervised and without any type of surveillance is being called into question. Doh!! LINK (fr)

Fraudster gets parole. Vincent Lacroix, Quebec's very own version of Bernie Madoff was released to a halfway house, having served just a year and a half of his eight and a half year sentence. He was met by protesters and his portrait was posted around the neighborhood. His father told newspapers that he fears for his son's safety. Given the 9,000 victims and the level of hate, he have a point!