Wages of theft aren’t set in law

Courts weigh misconduct before sentencing

The

days of Dennis Kozlowski

spending $2-million on Mediterranean birthday parties, sunbathing under his $15,000 umbrella, and collecting artwork at his employer, Tyco’s, expense have come to a halt. For up to the next 25 years, he will be residing in the more modest accommodation afforded by the New York State penal system. Also last week, Hollinger’s David Radler forfeited the enjoyment of his corporate jet, country club and university wing bearing his name after pleading guilty to fraud. He might hope to spend his expected 29 months of incarceration in a Canadian rather then U.S. prison.

Canadian courts are more merciful. Paul Coffin pocketed $1.5million dollars of Canadian taxpayer money in the sponsorship scandal but, after expressing remorse, succeeded in bypassing jail, being permitted instead to “serve his time” on a speaking tour.

But Canadian courts are filled daily with less-lofty miscreants than chief executive and chief financial officers, and other ambitious executives. In addition to the risk of jail time, the consequences are often the loss of their jobs. However, that result, even for theft, is not pre-ordained.

Marcel Courchesne began his career with Inco Ltd. immediately after high school. Inco allowed its employees to take items it no longer needed. When a water pump Courchesne installed failed, he repaired the worthless pump and installed it at his cottage, without getting the required approval. Apparently emboldened by his first success, he tried again.