Kingston man gets conditional sentence for fraud less than $5,000

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The one-time manager of a Kingston auto repair shop and tire dealer who misdirected company resources into a personal enterprise, flipping used cars, has been given a six-month conditional sentence to serve in the community under restrictions and 12 months of probation.

Andrew D. McMahon, 36, pleaded guilty in Kingston’s Superior Court of Justice in October to one count of fraud with a value of less than $5,000. He had no prior record, however, and his sentencing was initially put over to December to obtain a pre-sentence report to assist Superior Court Justice Gary Tranmer.

The case then got adjourned a second time to this past Friday, at the request of defence lawyer Clyde Smith, after his client’s matter ended up on a crowded docket.

McMahon must serve the first four months of his sentence on house arrest, but with exemptions that accommodate his employment and permit him to attend to the necessities of life, such as banking and medical appointments. He’s barred from entering any properties belonging to his former employer, Kal Tire.

Justice Tranmer, in imposing the sentence, observed “this is a man who is endeavouring to continue to contribute to the community.”

McMahon was charged following an internal investigation by Kal Tire in the fall of 2015 and a subsequent investigation by Kingston Police that concluded in January 2016 with his arrest.

He’d worked for the company for about six years, the final three, which ended in 2015, as a manager of the Kingston Store.

However, the company and police investigations determined that McMahon, while employed by Kal Tire, had taken up a sideline, acquiring several damaged, used vehicles to fix them up for resale. It was also determined that he’d misused company resources in pursuit of his personal interests, by ordering used parts through the shop without paying for them and directing Kal Tire mechanics to perform the work.

Smith and assistant Crown attorney Natalie Thompson recommended community sentencing to the judge as a joint submission. Smith also told Justice Tranmer that his client had made full restitution, prior to sentencing, paying back the entire amount the Crown was able to establish as the company’s loss: $3,886.18.

Thompson added that while McMahon’s crime was a breach of trust, which would have made a jail sentence appropriate, the Crown was “content” with a six-month conditional sentence, given the mitigating factors.

Justice Tranmer said he had no hesitation in accepting the lawyers’ sentencing recommendation after hearing the facts of the case, having had “the benefit of the pre-sentence report” and “bearing in mind the law on joint submissions,” which makes it extremely difficult for judges to reject them.

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This story was summarized by Canadian Fraud News Inc.