Whitehorse Daily Star

Fraudulent acts send woman to cells

A former insurance broker who defrauded customers of about $120,000 by issuing false policies will spend the next 15 months in jail.

By Whitehorse Star on June 9, 2006

A former insurance broker who defrauded customers of about $120,000 by issuing false policies will spend the next 15 months in jail.

She received her sentence Thursday afternoon, after she had pleaded guilty to three charges of fraud, three charges of theft and one charge of forgery.

Joanne Walker's jail term will be followed by a two-year probation sentence in which she must pay back at least $25,000 within 18 months. The entire $85,000 she still owes must also be paid back as part of a restitution order.

'The game must not be worth the candle,' territorial court Judge John Faulkner said as he handed down the sentence.

Walker showed little emotion as the judge set out the sentence.

Faulkner cited defence lawyer Bob Dick's urging he impose a conditional sentence which would be served in the community. However, the judge pointed out the fraud was a sophisticated scheme carried out over a long period.

'Fraud is clearly a crime of deliberation,' he said before a full courtroom.

Such a crime which he described as sophisticated and included many forged documents would normally net a two-year jail sentence. However, Faulkner said he was giving full credit for her guilty plea and attempting to make restitution.

Although a total of about $35,000 has been paid back, the judge stated it is the $5,000 paid out of Walker's own pocket that is significant.

The $30,000 relinquished when she was caught is not that different from a bank robber being forced to give back the money he is caught with, said Faulkner.

Given Walker's current monthly income of $1,200, the $5,000 paid since then is important, he said.

Dick had argued she could be getting around $40,000 from the sale of the family Copper Ridge house which could be directed at paying in restitution, it now appears her share could be as little as $10,000, Faulkner said.

Under her probation order, the proceeds she gets from the sale of the house must go toward restitution.

After working for years as an insurance agent, Walker opened Territorial Insurance Solutions in the fall of 2004, selling home, auto and business insurance, Faulkner recalled as he read the facts of the case.

The fact was, however, that Walker had no contracts with insurance companies to sell the insurance.

Instead, she kept the money clients gave her for their polices and she provided them with false insurance documents.

Walker's activities were the object of RCMP and Yukon government investigations.

Between 145 and 150 phoney policies were issued by Walker before the fraud was discovered and her licence revoked on July 6, 2005.

One of the most serious factors in the case, said Faulkner, is that a large number of people were driving their vehicles and living in homes, thinking they had insurance when they didn't.

'Fortunately, there were no major accidents or losses,' he said, noting the element of trust is at the very essence of being an insurance broker.

In addition to the restitution clauses of her probation term, Walker will be required to keep the peace, report to court when required, report to a probation officer and report any changes in name, address or occupation.

She must also take any assessment or counselling she's directed to.

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