Fraudster accused of stalling sentencing

Pre-sentence report for man convicted in hockey scheme won’t be ready in time, says Crown

The Crown is accusing the man convicted of defrauding 18 hockey families of purposefully delaying sentencing.

Michael Elphicke was convicted in B.C. Supreme Court of fraud over $5,000, theft over $5,000 and unauthorized management of a lottery scheme. There is still no word on his co-accused, Loren Reagan, who did not show up for the trial. (Reagan is believed to be living and working in the Middle East.)

Crown counsel Patrick Fullerton, appearing by telephone Friday in B.C. Supreme Court in Penticton, said the pre-sentence report requested by the defence will not be ready for Feb. 23, as originally set by both parties.

“Mr. Elphicke was contacted to come in for his interview and he declined on the basis of medical reasons and there has been no followup,” Fullerton said.

Elphicke, a diabetic with end-stage kidney disease, received the guilty verdict from a Calgary hospital bed in October.

The pre-sentence report would take about six to eight weeks, and the Crown said it has received no paperwork confirming Elphicke’s inability to complete the pre-sentence report process.

“This was a report wanted by defence. They dragged their feet. There’s been no significant efforts to deal with missing the report appointment,” Fullerton said. “Mr. Elphicke is just using this as an opportunity to delay the sentencing.”

Fullerton noted the crimes Elphicke was convicted of were ones of dishonesty.

“And he’s provided no proof to anybody about why he was unable to attend the Dec. 13 appointment (for the pre-sentence report),” Fullerton said. “He’s provided no proof of his Feb. 21 surgery or medical appointment.”

Fullerton said the hockey parents who were defrauded “are entitled to have their circumstances brought before the court for the sentencing hearing.”

James Pennington, defence counsel for Elphicke, noted the medical difficulties his client experienced as early as the preliminary inquiry, when he was receiving dialysis treatments multiple times a week in Kelowna after attending court.

“Elphicke didn’t ask for all these medical problems,” Pennington said. “I know the matter is going to be adjourned, but Mr. Fullerton wants something in writing, so I’m waiting to get something in writing.”

In 2011, 18 hockey families handed Elphicke and Reagan deposits totalling $130,000 to the Okanagan Elite Hockey Association for a playing tour of Europe pitting Canadian teens against foreign competition.

The money was instead used for Elphicke and Reagan’s wages, personal expenses and construction of a failed Penticton hockey dormitory project that left the city holding the bag.

The matter returns to court Feb. 13 to get direction from a judge.