Enterprise, AL woman charged with embezzling $100,000 from ex-husband’s dental practice

tammy chancey

Enterprise Police arrested an Enterprise woman in connection with the alleged theft of more than $100,000 from Dr. Kenneth W. Chancey, a local dentist.

Tammy Murphy Chancey, 39, was married to Dr. Chancey when the thefts are alleged to have occurred.

     Capt. Mike Lolley, EPD public information officer, said an investigation revealed the alleged thefts occurred from 2006 to 2009.

Court records indicate Kenneth Chancey filed for divorce July 7, 2010, with a separation date of June 24, 2010.

The complaint states that Tammy Chancey was serving as a bookkeeper for the dental practice during the time the thefts allegedly occurred.

She was charged with first-degree theft of property and released on a $10,000 bond.


Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from: http://www.dothaneagle.com/enteprrise_ledger/news/enterprise-woman-charged-with-theft-of-over-k/article_24b1469f-8380-5a9c-826a-4db1517e5b62.html

Oregon Bookkeeper bags nearly half a million dollars, builds swimming pool. Sentenced to three years.

jodi lynne setzer

Sometimes being too trusting can end up costing you a lot of money.

Medford dentist Sandra Carmeci found this out to the tune of more than $160,000 after her bookkeeper reportedly forged checks and racked up credit card bills in the office’s name over the course of several years.

Medford financial detectives believe Jodi Lynne Setzer, 42, of Central Point, made off with hundreds of thousands of dollars from small businesses in Medford, Phoenix and Rainier by ingratiating herself with the owners.

Winning their trust turned into a lucrative scheme after Setzer allegedly began financing her lifestyle, which included building a pool in her yard and buying clothes, with allegedly embezzled funds, police said.

“Unfortunately, it’s this trust that makes people victims,” Medford police Sgt. Brent Mak said.

Carmeci employed Setzer as her bookkeeper for nearly 10 years. During that time, the two became close, Carmeci said.

“I knew her kid and her family,” she said. “It’s been a difficult year. The deception is the hardest thing, when you find out a friend is not a friend.”

Carmeci became suspicious when some red flags appeared in the practice’s business accounts. A check of the books turned up about $80,000 in embezzled funds siphoned off the business and into Setzer’s wallet.

“At first I didn’t even want to call the police because I knew her and her kid so well,” Carmeci said. “We eventually worked out a deal where she paid me back.”

However, more and more losses were found over time, which eventually added up to more than $160,000, Carmeci said.

The last straw came when Carmeci found that thousands of illegal painkiller prescriptions were collected by Setzer. Carmeci called the police after that discovery.

Meanwhile, Stephen Petersen, a Rainier attorney, was digging through his own books and finding close to $300,000 in losses. He, too, had hired Setzer as a bookkeeper for his law business.

“Honestly, I don’t know how much she got me for,” Petersen said. “I just knew that I should have been doing better than I was. Come to find out, I was losing a lot of money.”

Detectives also contacted the Phoenix-based Noel Lesley Event Services, where Setzer had worked as a bookkeeper for a few months in 2011. In that time, police allege, Setzer wrote several fraudulent checks and made unauthorized fund transfers, with a loss of $39,200.

Financial detectives believe all of this could have been avoided if the business owners had installed a checks-and-balances system in the bookkeeping process.

“You never want just one person handling your finances,” Mak said. “And if you do, then you want to have regular, random audits of the books to see if everything is copacetic.”

Both Carmeci and Petersen said they never noticed the money disappearing from their businesses because the thefts were made gradually, over a period of years. In the end, it added up.

“When you’re running a practice and have a family, you sometimes don’t have time to look closely at the books,” Carmeci said. “But I won’t make that mistake again.”

Setzer faces a number of felony charges, including 10 counts of aggravated theft and first-degree theft. She is scheduled for a pretrial hearing on March 18 in Jackson County Circuit Court


Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from: http://www.opb.org/news/article/bookkeeper-bags-nearly-half-a-million-dollars-police-say/

______

Embezzler gets three years for scheme

A Central Point bookkeeper was sentenced to three years in prison and was ordered to pay back more than a quarter-million dollars she embezzled from local business owners who entrusted her while unwittingly fueling her lavish lifestyle.

A Central Point bookkeeper was sentenced to three years in prison and was ordered to pay back more than a quarter-million dollars she embezzled from local business owners who entrusted her while unwittingly fueling her lavish lifestyle.

Under a plea deal, Jodi Lynne Setzer, 42, pleaded guilty Monday in Jackson County Circuit Court to two counts of aggravated identity theft, six counts of aggravated theft and two counts of first-degree theft stemming from two different cases.

In addition to the prison sentence, Judge Lorenzo Mejia ordered Setzer to serve two years’ probation and to pay more than $263,000 to the bilked business owners, who include a local event planner and a dentist who considered her a good friend.

Setzer was taken into custody immediately after the brief 11 a.m. hearing.

Most embezzlement cases like these are tied to people with drug, alcohol or gambling problems, but those vices were not in Setzer’s background, Jackson County Assistant District Attorney Jeremy Markiewicz said outside of court.In Setzer’s case, she skimmed money from her employers to live a few notches above what she could earn legitimately, Markiewicz said.

She had a child at one time in a Medford private school and had a pool built in her backyard, according to investigators.

“It was feeding a lifestyle that she really didn’t have enough money for,” Markiewicz said.

“In a lot of these cases, you have people who tend to have their vices,” he said. “She’s not the typical person to do this.”

However, Setzer’s case started as a drug investigation in July 2012 when the dentist for whom she worked as a bookkeeper suspected Setzer was using the dentist’s identity to obtain fraudulent prescriptions for the drug hydrocodone, commonly known by the trade name Vicodin.

Investigators later learned through the Oregon Prescription Drug Monitoring Program that she had forged about 150 prescriptions for about 7,800 hydrocodone doses.

When she and husband Jason Setzer were arrested two weeks later, police found no illegal prescription drugs in their possession, so their case was handled as theft and record tampering, Markiewicz said.

Investigators discovered Setzer used electronic transfers from her employer’s account to pay her personal bills, investigators said.

That employer alone saw almost $205,000 siphoned from her business account by Setzer between April 2007 and April 2012, according to prosecutors. Setzer worked for that dentist for 13 years, prosecutors said.

“She was stealing money from a lot of people for a lot longer time than she was getting hydrocodone,” Markiewicz said.

Setzer’s bank records also revealed that she stole money in similar fashion from two other victims, identified by investigators as a local event planner and a Rainier attorney.

Jason Setzer has an Aug. 13 court hearing scheduled for a change of plea in his case. He faces four counts of aggravated identity theft for his alleged part in the prescription medication fraud, court records show.

Content retrieved from: http://www.mailtribune.com/article/20130625/News/306250332

Louisiana woman who admitted she embezzled $189,000 from dentist’s office sentenced to 18 months in prison

A Covington woman who previously admitted that she embezzled almost $190,000 from a Metairie dentist’s office where she worked has been sentenced to serve one year and six months in federal prison, and ordered to pay back the money she stole from the company. Kelly Muller pleaded guilty in February to one count of embezzlement of health care funds.

Court records show U.S. District Judge Stanwood R. Duval sentenced Muller last week. In addition to prison time and restitution, Muller will be placed on three years supervised release once she’s released from prison, court records show.

Muller must pay $189,588 in restitution to Oral Surgery Limited in Metairie.

According to a bill of information filed in U.S. District Court in New Orleans last year, Muller worked as an office manager and bookkeeper at the Metairie dentist’s office. She is accused of embezzling the money between 2008 and 2010.

Muller must report to prison by noon on Jan. 2.


Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Gambling addiction results in $88k embezzlement and six month jail sentence for Michigan woman

ST. JOSEPH – State police say a Three Oaks woman employed as bookkeeper by Bridgman Family Dental Care embezzled $88,116 – a sum that was just a bit more than what she lost in casino gambling.

Donna Campbell, 53, has been sentenced to jail and a term of probation.

Campbell stole cash, altered payroll records to boost her salary and created company checks to pay herself for fabricated medical expenses over a four-year period, according to state police.

She was sentenced this week to 180 days in custody as part of a five-year probation term, ordered to pay $116,209 in restitution and a fine and costs of $2,370.

The sentence imposed Monday by Berrien County Trial Court Judge Charles LaSata allows Campbell to serve the last 60 days of her jail term on electronic tether.

The embezzlement is one of a growing number of cases involving trusted employees stealing from businesses and nonprofit organizations in Berrien County.

Campbell, and Donald Kuball, who was sentenced to prison this week for embezzling more than a half-million dollars from his former employer, Shelton Construction Co. of Benton Township, both spent large sums at area casinos, state police said.

Campbell was charged in November and later pleaded no contest to embezzlement of $50,000 to $100,000.

Criminal charges were filed after an independent audit obtained by Neal and Trisha Smith, the business owners, revealed that she embezzled $88,116 while working as company bookkeeper from 2004-08.

State Trooper Matt Churchill of the Bridgman post, who investigated, reported that the audit showed Campbell diverted $61,687 in cash to her own use. Checks paid to the business were deposited but cash was not, he said.

The audit also revealed that Campbell added unauthorized hours to her pay, along with more than her allotted number of sick and personal days to embezzle $12,237.

Bridgman Dental offers a medical expense plan for employees that allowed Campbell to automatically deposit money into a tax-exempt medical expense account, according to the police investigation. Under this plan, Campbell embezzled more money by writing business checks for $14,191 in excess of her actual medical expenses, the audit shows.

The $116,209 restitution figure includes the embezzled money and the cost of conducting an audit, said Assistant Prosecutor Gerald Vigansky.

Authorities are getting cooperation from casinos in investigating the growing number of embezzlement cases, Vigansky said. Casinos keep accurate records of activity and share information with police.

State police said Campbell admitted she had a gambling problem when shown that her gambling losses were nearly equal to the amount she embezzled


Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from: http://www.heraldpalladium.com/localnews/dental-office-embezzler-gets-jail-and-probation/article_9b25c48c-ff1a-5bdb-aa37-34411443f416.html

Husband of Washington bookkeeper accused of laundering

Prosecutors plan to file criminal charges against the husband of a former bookkeeper who allegedly embezzled $1.7 million from an Olympia dental clinic.

The husband, Michael P. Doughty, 45, of Lacey, was arrested Monday on suspicion of laundering some of the money his wife, Lori L. Doughty, allegedly stole from The Fisher Group, where she worked as a part-time bookkeeper.

Lori Doughty, 36, was fired in June and also arrested. She pleaded not guilty earlier this month in Thurston County Superior Court to charges of first-degree theft, money laundering, forgery and trafficking in stolen property.

“We started looking at him immediately. If my wife had been bringing in an extra million-and-a-half over the last five years under our family budget, I probably would have asked about it,” Olympia police Lt. Steve Oderman said.

Law enforcement officials think it is one of the largest embezzlement cases ever reported in Thurston County. While money was being stolen, the couple took extravagant trips, bought expensive items and donated a $4,000 scoreboard to a South Sound high school.

Detectives began to look at money flowing into Michael Doughty’s self-owned company, First Response Emergency Medical Training Corp., which reportedly provides first-aid training and equipment, authorities said.

Financial records show that almost all of the sales his company made since it incorporated were to his wife, who made the purchases with her credit cards. She then allegedly paid off her credit card balances with checks from the dentists’ company account, authorities said.

The money going into her husband’s business was transferred into his corporate account and then into their personal accounts, authorities said.

Initial police reports filed with prosecutors on Tuesday list one year, 2004, in which Michael Doughty did about $27,000 in business. About $21,000 of those sales were made to his wife.

“As far as we can tell, he has had virtually no income for his business for years, except for real or fictitious purchases paid for with money from the dentists’ office,” Senior Deputy Prosecuting Attorney Joseph Wheeler said. “His main customer was her.”

Lori Doughty may have been stealing money from her employer as far back as 1998, Oderman said. Her husband’s company incorporated in 1999, according to the Secretary of State’s office.

Doughty started the company after being fired from the Bellevue Fire Department, where he was a paramedic. An Olympia police report says he was terminated for dishonesty, although the exact reasons were unclear. A department human resources official did not return a phone call seeking comment.

Lori Doughty’s defense attorney, John Sinclair, said Tuesday that Michael Doughty’s arrest came as a surprise to the family. Sinclair is not representing Michael Doughty, who has hired another attorney.

“The family is obviously pretty upset with everything happening, especially with both mother and father being charged at the present time,” he said.

Michael Doughty was arrested at the couple’s rental home at 5832 54th Way S.E., which also is listed as his office address. He was booked into the Thurston County Jail on suspicion of money laundering, first-degree possession of stolen property, and trafficking in stolen property. He was released after posting a bail bond.

His wife was released a week after her arrest when her parents put up their property as collateral for a $100,000 bail bond. A judge ordered her to avoid any jobs that would require her to handle money. She still is unemployed, her attorney said.

The amount of the thefts, originally estimated at $1 million, have turned out to be closer to $1.7 million, taken between 2000 and 2005. Those figures still could climb, said Wheeler, the prosecutor.

Wheeler said he expected to charge Michael Doughty today.

The couple are well-known in the community for school volunteer work and their involvement in youth sports. Michael Doughty was a youth baseball coach and past president of Lacey Babe Ruth Baseball. In court last month, Sinclair said Lori Doughty was very involved in the community and in the athletic activities of the couple’s two teenage sons.

Long before their arrests, the couple’s spending habits had drawn attention from acquaintances.

They took several expensive vacations to Hawaii and Arizona and to various sporting camps, which police verified through the couple’s travel agency, Oderman said.

Before Lori Doughty was arrested on July 18, the couple owned a boat, personal watercraft, expensive jewelry and a 7-Series BMW with a license plate that read: “Envy Us.” They handed over much of the property to the dental clinic after she was confronted.

The couple also made large donations to area sports teams and North Thurston Public Schools.

The school district received about $7,500 worth of sports equipment from the couple during the past few years, district spokesman Tim McGillivray said.

They donated the new baseball scoreboard that stands above Timberline High School’s baseball field. They also donated batting cages, football headsets and a riding lawn mower, McGillivray said.

Their children attend schools in the district.

Detectives still were trying to track where all the money was spent, said Oderman, the police lieutenant.

“It’s a lot of money. It’s averaging about $250,000 to $350,000 a year that they were taking out of that business,” Oderman said. “We haven’t had time to run down all the stuff they’ve donated or paid for people.”


Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from:  http://www.jsinclairlaw.com/news_082405.php

Bookkeeper accused of taking $60K from Vermont dentist

BRATTLEBORO, Vt. (AP) – A former bookkeeper at a Vermont dental office has pleaded not guilty to embezzling more than $60,000 from the business over several years.

The Brattleboro Reformer reports (http://bit.ly/1bI41RH) police said the investigation began in May when dentist Thomas Heydinger contacted authorities about suspected embezzlement by a former worker. He said a cash payment from a patient that was to be deposited by Penny Lussier didn’t appear on the deposit slip from the bank. An audit stemming back to 2009 showed $60,000 was missing. Lussier, of Gilford and Keene, New Hampshire, was fired May 12.

Police say she’s accused of writing checks payable to her from the dental practice.


Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from: http://www.washingtontimes.com/news/2014/jul/23/bookkeeper-accused-of-taking-60k-from-dentist/?utm_source=RSS_Feed&utm_medium=RSS

Washington woman charged with embezzling more than $300k

patricia hart

The former bookkeeper of Oleson General Dentistry found herself in court Jan. 25 facing charges of aggravated theft for allegedly stealing upwards of $300,000 from the business over the course of eight years.

Patricia A. Hart, 67, could face up to 10 years in prison plus fines, restitution and assessments if she is found guilty of the crime.

According to a probable cause affidavit, Hart not only worked for Hoodsport dentist Brian Oleson, but also was considered a close family friend for more than 33 years.

The affidavit alleges that Hart used her position of trust to write checks to herself over the course of almost a decade and then deposit the checks into her personal accounts at Columbia State Bank and School Employees Credit Union in Hoodsport.

“This was committed by a person who was in a position of trust and who abused their trust,” Mason County Prosecutor Michael Dorcy said in an interview with the Journal.

Oleson told police investigators that he became suspicious about the books last year after an independent broker who sells dentistry businesses told him to get an audit.

After a private investigation, Oleson confronted Hart over the missing funds and she admitted to the embezzlement.

According to the affidavit, Hart told Oleson that the money went to “help with college costs for the (her) son, weddings and things for the older son.”

Hart became more emboldened and brash as the embezzlement drug on throughout the years.

According to the document, Hart listed the checks as bill payments with her name listed as the beneficiary. She then would list the name of companies related to dentistry to cover her tracks.

In 2007, there were 14 transactions, totaling $12,163.07. Each year, other than 2008, the number of transactions and the corresponding amount of money increased. In 2014, Hart made 72 transactions, totaling $67,970.30, according to the affidavit.

Oleson told investigators that his business had been sinking for years and he did not know why and that he has not collected a paycheck in two years to keep the practice in business. He also was forced to use his savings and sell his family farm to personally stay afloat.

During the time Oleson was losing money, Hart used the stolen funds to pay for her youngest son’s college education.

In 2013, bank records show Hart transferring $15,010 to her son’s bank account. Over the next two years, she would transfer another $34,637.99 into his account.

The son’s involvement in the case is unclear.

As of Tuesday, he was not charged with any crimes in Mason County Superior Court.

As well as being Oleson’s bookkeeper, Hart previously served as a Mason County Fire District Fire District 1 commissioner.

The embezzlement is not first that totaled in the hundreds of thousands of dollars, Dorcy said, and is not as rare as you would think.


Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from: http://smalltownnews.com/article.php?catname=Crime&pub=Shelton-Mason%20County%20Journal&pid=2&aid=317567

Ohio woman embezzled $26,500 from dentist; sentenced to 15 months in prison

summer salm

HAMILTON — A woman who embezzled $26,500 from a West Chester Twp. dental office will spend the next 15 months in prison.

Summer Salm, 34, of Franklin was sentenced by Butler County Common Pleas Judge Michael Sage Wednesday after pleading guilty to two counts of theft by deception in August.

Butler County Prosecutor Mike Gmoser said Salm worked for Dr. Joel Koch in his dental offices as a billing clerk. When people paid their co-pays, Gmoser said Salm would enter the amount in the computer, give the patient a receipt and then erase the payment and pocket the cash.

The second prong to her “elaborate scam” was to bill her insurance for false medical claims for family members and then retain the 80 percent insurance payment, according to Gmoser. He credited his assistant prosecutor Susan Schultz and West Chester Twp. Det. Jim Thomas for securing Salm’s conviction.

“This was an outstanding effort by our ‘white collar’ team,” Gmoser said. “It takes a lot of diligence and keen investigative skills to put together a successful financial fraud case, and with the assistance of Detective Thomas, Assistant Prosecutor Schultz was able to present a very clear case to the jury.”


Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from:  http://www.journal-news.com/news/news/crime-law/woman-embezzled-26500-from-dentist/nNYMX/

Walla Walla educator, bookkeeper, 7th Day Adventist, embezzles $823k, sentenced to 18 months in prison

July 18 2014–WALLA WALLA — A former Walla Walla University finance professor and self-employed bookkeeper will spend time in federal prison on a charge of wire fraud in connection with the theft of more than $800,000 from a local dentist.

Dana G. Thompson of College Place was sentenced in U.S. District Court in the Tri-Cities this week to serve 18 months in prison.

Thompson taught finance at the Seventh-day Adventist university in College Place for 15 years and kept books for about 13 years for Walla Walla Dental Care owner Dr. Dan Laizure.

Thompson pleaded guilty in April and in May told the Union-Bulletin there were extenuating circumstances in the case, but did not give additional details.

The theft from Laizure was carried out by writing unauthorized checks from the dentist to himself, banks and other people in guise of insurance company refunds, according to court documents. Upon deposit, those checks electronically debited Walla Walla Dental care’s account.

In addition to his prison sentence, Thompson was ordered to pay $823,832 in restitution. Laizure is to be repaid $773,832, while $50,000 will go to Traveler’s Insurance for costs associated with Laizure’s investigation of the loss of money.

Thompson has handed over $34,000 from the sale of his home and a gold coin collection, according to court documents.

Court documents from his sentencing hearing Tuesday state Thompson will be on probation for three years following his release from prison. He will have to make all financial information available to his probation officer, including authorization to conduct credit checks and see federal income tax returns. Thompson also must disclose all financial assets and liabilities to the supervising officer, and he cannot sell or give away an asset without court approval.

As well, Thompson cannot incur any new debt, open lines of credit or enter into any financial contracts without permission from his probation officer, sentencing documents said.

Authorities may search him, his home, office or vehicle at any time during his probation, and he must complete a mental health evaluation and follow certain treatment recommendations.

Thompson has waived his right to appeal. The court recommended he serve his sentence at the federal prison in Sheridan, Ore.

Laizure said Thursday he refuses to be “bogged down” with the incident, and is looking forward.

“This is out of my hands,” the dentist said. “I have way too many things to think about for the future.”


Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

Content retrieved from: http://insurancenewsnet.com/oarticle/Local-educator-bookkeeper-sentenced-for-embezzlement-a-532274

 

An oldie but a goodie — British Columbia’s ELIA KRATKY embezzles $436k from three dental offices; receives conditional sentence

Do you have questions about embezzlement?  Give Prosperident a call at 888-398-2327 or send an email to requests@dentalembezzlement.com

  IN THE SUPREME COURT OF BRITISH COLUMBIA

                     Reasons for Sentence

                     Mr. Justice Curtis

                       October 8, 1997

                    HER MAJESTY THE QUEEN

                           AGAINST

                        ELIA KRATKY

Counsel for the Crown:                          Mr. Carstairs

Counsel for the Defendant:                        Mr. Gibbons

                                                   Mr. Fowler

[1]  THE COURT:  Elia Kratky has pleaded guilty to three counts of fraud.  She admits that using her position as a part-time manager and bookkeeper for three local dental clinics, she defrauded the clinics and the nine dentists involved of a combined total of $436,535 between January 1, 1991 and March 31, 1995.

[2]  Ms. Kratky’s fraud was discovered in March 1995 when a departing employee informed the dentists at the Capilano Centre that Kratky was not accurately preparing daily bank deposits and other bookkeeping entries, and an investigation was started.  Kratky’s employment was terminated and it was discovered that Kratky had, by various means, taken substantial amounts of money.  She took cash which she was supposed to have deposited for the clinics.  In the guise of paying legitimate clinic accounts, she used cheques to transfer money to herself.  She also altered the payees on some cheques to deposit money to her own credit.  She manipulated financial books and records in her control to hide her misappropriations.

[3]  Ms. Kratky is 52 years of age and married with an adult daughter.  She has a grade 10 education.  Her previous criminal record is a conviction in 1979, when she was 34, for three counts of theft over $200, for which she received a suspended sentence and 12 months probation.

[4]  The dentists who were defrauded commenced two civil actions against Elia Kratky and others, including her husband.  These actions have resulted in a settlement in which a consent order has been entered requiring Ms. Kratky to pay the principal sum of $828,000, prejudgment interest of $145,065.90, and punitive damages of $60,000, plus special costs and disbursements.  Of this amount, $608,662.41 has been paid by the disposal of assets of Ms. Kratky and her husband, as documented in the defence exhibit.  Accordingly, Elia Kratky and her husband have repaid the amount of the fraud admitted in these proceedings, and more.

[5]  The nine dentists defrauded have suffered financial loss, and as documented in their victim impact statements, personal turmoil and a profound feeling of betrayal.

[6]  Subsequent to the discovery of her fraud, Elia Kratky has been hospitalized for depression.  She is currently under the treatment of Dr. Eaves, a psychiatrist whom she sees once a week.  It is Dr. Eaves’ opinion that she remains deeply depressed and has recurrent suicidal ideation.  Dr. Eaves states that she acknowledges what she has done was wrong and is extremely remorseful, although I note one of the dentists, in his victim impact statement, states that Ms. Kratky gave no apology and no explanation for her actions throughout the civil suit taken against her.

[7]  In these proceedings, in addition to pleading guilty, she waived the preliminary hearing.  Mr. Carstairs, on behalf of the Crown, submits that 18 months to two years less a day is the appropriate range of sentence.  He specifically advised me that I must consider the provisions of the Code relating to a conditional sentence in this case, but stated the Crown takes no position on whether a conditional sentence should or should not be imposed.

[8]  Mr. Gibbons, for Ms. Kratky, does not take issue with the range of sentence suggested by the Crown, except to the extent that he suggests 12 months may be appropriate, but urges me to make any sentence a conditional one.

[9]  The purposes and principles of sentencing are set out in the Criminal Code.  S. 718 of the Criminal Code states:

The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

a)to denounce unlawful conduct

b)to deter the offender and other persons from committing offences

c)to separate offenders from society where necessary

d)to assist in rehabilitating offenders

e)to provide reparations for harm done to victims or to the community, and

f)to promote a sense of responsibility in offenders and acknowledgement of the harm done to victims and to the community.

[10] S. 718.1 states:

A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

[11] S. 718.2, insofar as it applies to the circumstances of this case, states:

A court that imposes a sentence shall also take into consideration the following principles:

a)a sentence should be increased or reduced to account for any relevant, aggravating or mitigating circumstances relating to the offence or the offender, and without limiting the generality of the foregoing evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim shall be deemed to be aggravating circumstances.

b)a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances.

c)where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh.

d)an offender should not be deprived of liberty if less restrictive sanctions may be appropriate in the circumstances, and

e)all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

[12] S. 742.1 of the Criminal Code of Canada states:

Where a person is convicted of an offence, except an offence that is punishable by a minimum term of imprisonment and the court:

a)imposes a sentence of imprisonment of less than two years, and

b)is satisfied that serving the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in s. 718 to 718.2

the court may, for the purposes of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community subject to the offender’s complying with the conditions of a conditional sentence order made under s. 742.3.

[13] The imposition of conditional sentences has recently been given extensive consideration by the Court of Appeal in this province in the case of Regina v. Ursal et al.  At page 49 of the Ursal decision, Justice Ryan states:

Accordingly, when asked to consider imposing a conditional sentence where the Code does not mandate a minimum sentence, the judge must first consider whether a sentence of less than two years is appropriate in the circumstances.  If the trial judge determines that a sentence of imprisonment of less than two years is fitting, he or she will then go on to consider the type and length of sentence, taking into account the requirements of s. 742.1(b) and the principles and objectives of sentencing.  If the trial judge decides to impose a conditional sentence, the trial judge will bear in mind, in determining the length of the sentence, that while a community sentence may not be as severe as a jail sentence, a community sentence will be unaffected by parole as long as the offender remains in the community, and that if revocation should occur, the offender will serve some or all of the sentence in jail.

[14] I accept the submission of Crown counsel that the appropriate range of sentence for this case is 18 months to two years less a day.  I am satisfied that Ms. Kratky would not endanger the safety of the community if she were to serve her sentence in it.

[15] The remaining question therefore is whether a conditional sentence would be consistent with the fundamental purpose and principles of sentencing as set out in the sections to which I have just referred.  Although it is not possible to be certain a person will not repeat their offence, I think it unlikely that Elia Kratky will do so.  Accordingly, the only two purposes of sentencing that might not be met by a conditional sentence are those of denouncing unlawful conduct and deterring others.

[16] A conditional sentence imposes substantial restraint upon the liberty of the offender.  It is not subject to parole and therefore must be served in full.  Jail sentences for offenders like Ms. Kratky are frequently served on electronic monitoring and often reduced to one-third of the sentence through mandatory supervision and parole.  The practical reality is that while a jail sentence may sound more severe, a conditional sentence in totality may be equally or significantly as severe as the jail sentence.

[17] I am satisfied that in this case the principles of denunciation and general deterrence, along with the other principles of sentencing, can reasonably be served by a conditional sentence of 18 months.

[18] Elia Kratky, would you stand, please.  On each of counts 2, 4 and 6 to which you have pleaded guilty, I sentence you to serve a conditional sentence in the community, the conditions of which sentence are as follows.  You shall keep the peace and be of good behaviour; appear before the court when required to do so by the court; report to a supervisor within two working days and thereafter when required by the supervisor and in the manner required by the supervisor; remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the supervisor; notify the court or supervisor in advance of any change of name or address; and promptly notify the court or the supervisor of a change of employment or occupation.

[19] In addition, you shall abstain from the consumption of alcohol or other intoxicating substances; attend a psychiatric treatment program as directed by Dr. Eaves or your supervisor; and comply with the following terms which I consider desirable to secure your good conduct and prevent the commission of other offences.  Seek and maintain gainful employment; advise your employer of your conviction for these offences; be in your residence at 6635 Wade Road, Delta, between the hours of 7:00 p.m. and 7:00 a.m., except for the purposes of employment or medical treatment; and for the purpose of ensuring your compliance with these conditions, authorize your supervisor to attend and enter your residence at any time.

[20] You shall receive a copy of this order. Under s. 742.4 of the Code, your supervisor may propose changes to the conditions I have ordered. Under s. 742.6, should you breach any of these conditions, you may be charged with doing so, which could result in the conditions being changed or your serving the rest of the sentence in jail.

[21] The sentences imposed on all three counts are to be served concurrently, that is, at the same time.  You may sit down, ma’am.

                             “V.R. Curtis, J.”                

                             The Honourable Mr. Justice V.R. Curtis