Former employee receives conditional sentence for stealing from college

By Alejandra Pulido-Guzman - Lethbridge Herald on August 15, 2023.

LETHBRIDGE HERALDapulido@lethbridgeherald.com

A former Lethbridge College employee was ordered to pay back nearly $60,000 in restitution and serve a two-year conditional sentence order.

The case of Emily Campbell, who was charged with fraud and related offences for stealing nearly $60,000 was in Lethbridge court of justice Wednesday.

The case of Campbell, who worked as the bookstore manager until July 2022, was already at the final stage and Lethbridge judge Kristin Ailsby provided her sentencing decision after reviewing a joint submission by counsel.

“Counsel suggested two years minus one day, so I needed the opportunity to contemplate if that was a fit and proper sentence. There’s a couple things I want to go through and the first of course is that the nature of the relationship that Miss Campbell had at the college,” said Ailsby.

She said Campbell worked in the office of the bookstore and as such she needed to be very familiar with the nature of the transactions, inventory control, with products as they came in and went out, with the various financial transactions that would be conducted in that office, and it was as a result of her familiarity with the work that her employer expected of her, that she was ultimately able to commit these frauds.

“I think it’s also really important to note that the expectations of her in that job demanded an exceptionally high degree of trust, not only between the college and their staff, but between the college and their customers,” said Ailsby.

She said that since Lethbridge College bookstore is selling products to students, it requires a massive degree of trust, and this is a rather exceptional retail opportunity for students because it is happening in the very place that they are paying to be present.

“Students have paid as a privilege to go to that school, and so the nature of the transactions that Miss Campbell engaged in by defrauding her employer, not only compromised her trust between her employer, but her the trust that the college would have created with their very students,” said Ailsby.

She also noted that the nature of Campbell’s fraud against Lethbridge College, compromised the trust the community has placed in the college.

“Lethbridge College is an organization that seeks to create and maintain strong relationships with its external partners, and when those relationships become compromised people are less philanthropic, people are less committed to support the purposes of the college, if they know that the people engaged with the college are committing fraud, being dishonest, and putting their interests above their own,” said Ailsby.

She said defence counsel argued that Campbell’s financial circumstances were very compromised, that she was a single mother, and she was supporting her child without any assistance from the child’s father.

“As she worked full-time at the college and she was struggling to pay her bills, Mr. Giles (Crown) shared with me that the typical nature of a transaction was that she never took more than $200 at one event, and it was typically in and around the $100 mark,” said Ailsby.

She said that by using the typical $100 mark and dividing the $60,000 over the course of 3.5 years, it turns out to be over $50 a day, and what that means based on the pattern of behaviour, is that Campbell almost every single day of her employment, came to work with the intention to defraud her employer, or that was the consequence.

At the time of the offence, Campbell had worked at the college for nearly a decade, according to the Lethbridge College Facebook page photos, which show Campbell participating in college activities as far back as 2012.

“I think (it) is exceptionally aggravating when I look at the nature of the offence, but of course we have some mitigating factors that she pled guilty, and in so doing Miss Campbell has saved the Crown from advancing what could have been a very time-consuming and complicated trial,” said Ailsby.

She said that additionally, Campbell was there expressing sincere and very real remorse for her decisions and that Campbell has come before the court having engaged in exceptional work on herself, work which is aimed ultimately at the underlying causes of her criminality.

“I’m especially pleased that she has developed some insights into her behaviour and also has sought the assistance of people within our community who are able to help her make sense of her financial motivations,” said Ailsby.

She said that it was statutorily aggravating, that she was in a position of trust as an employee and this fraud was only able to happen because of the trust. It’s because her employer’s extended trust to her, that they were ultimately failed by her.

Ailsby also believes this fraud was planned and not compulsive, there was an ongoing scheme which was in place for several years and it was thwarted only when she was confronted by the police.

She noted that previous Court of Appeal decisions noted incarceration for this type of offence, yet counsel was asking for a Conditional Sentence Order (CSO) and said that the exceptional circumstances of this case justified the imposition of a CSO.

“I recognize that Miss Campbell is a single mother of a young person, her 14-year-old son requires her ongoing presence in his life, and he does not have the capacity to care for himself in the absence of his mother, and his mom would be absent if she was in jail. I also recognized that the exceptional efforts that Miss Campbell has made to eliminate the motivation for her criminality are unusual, and that puts her in the realm of exceptional circumstances that would justify a CSO,” said Ailsby.

Campbell therefore was sentenced to pay back $56,982.38 in restitution and serve a two-year CSO, with the first 12 months of her conditional sentence served under house arrest, where she must remain in her approved residence 24 hours each and every day, subject to the exceptions below, and present herself at the door of her approved residence to any peace officer who attends her residence in order to verify compliance with this condition.

Exceptions to her house arrest condition are:

· Medical appointments/emergencies for you or your family members.

· Attendance at, and travel to and from, work, education institutions or vocational training sites, provided that your supervisor has given prior written approval of same.

· Attendance at court for required court appearances.

· Attendance at meetings with your supervisor or legal counsel.

· Attendance at any assessment, treatment or counselling as directed by the court or your supervisor.

· To shop for the necessities of life for a maximum of 4 hours per week, on a schedule approved, in advance and in writing, by her supervisor.

· For any other purpose her supervisor may permit, but only with prior written approval of her supervisor.

For the last 12 months of her conditional sentence Campbell will be bound by a curfew daily from 7 p.m. to 6 a.m. and will still be bound by all other applicable exceptions indicated in her CSO.

Campbell is to remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the supervisor; and notify the court or the supervisor in advance of any change of name or address, and promptly notify the court or the supervisor of any change of employment or occupation. She will not possess and will abstain absolutely from the consumption of alcohol, controlled drugs not prescribed to her, and intoxicating substances and will actively participate and complete such program to the satisfaction of her supervisor.

She is also not to be in possession of any firearms, crossbows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition or explosive substances.

Campbell is to advise current or any employer during the term of the CSO of her convictions and the nature and duration of the Conditional Sentence Order.

And she shall attend such assessment, counselling or treatment as may be directed by her supervisor, with respect to psychiatric or psychological, finance and other as recommended by her supervisor, and will actively participate and complete such program to the satisfaction of her supervisor.

Lethbridge College provided a statement to the Herald on Friday, where they acknowledge being aware of their former employee being in court facing fraud and related charges.

“Lethbridge College identified a financial discrepancy and conducted an internal investigation in July 2022. The employee was terminated in July 2022. The matter was reported to Lethbridge Police Service (LPS) and the college cooperated with the police investigation,” reads the statement.

The college said it is committed to financial responsibility, transparency and security.

“While this case is disappointing, it is a testament to the systems and protocols the college already had in place that the case was identified internally and reported.”

The college explained in the statement it is always reviewing their systems at a high level to identify ways they can improve.

“The Alberta’s Auditor General has affirmed that Lethbridge College’s financial reporting meets all provincial standards and Lethbridge College has routinely received top marks from the province for its financial reporting and services.”

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