Sentencing for bail scam adjourned
A Quebec man’s sentencing hearing on eight fraud-related charges from a bail scam that targeted seniors in the Halifax area in late 2022 will not be going ahead next month after he switched lawyers Friday.
Omar Zanfi, 25, of Laval pleaded guilty in Halifax provincial court last December to five counts of fraud over $5,000, two counts of fraud not in excess of $5,000, and one count of participating in a criminal organization to commit the indictable offence of fraud.
Zanfi’s sentencing hearing had been set for May 16, but Judge Elizabeth Buckle heard two defence applications Friday during a phone appearance by Zanfi, who got bail in December 2022.
First, the judge allowed Carbo Kwan to be removed as Zanfi’s solicitor of record.
Zanfi’s new lawyer, Nathan Gorham of Saint John, N.B., then asked that the May 16 hearing be adjourned.
Gorham, who also represents Zanfi on similar charges in Moncton, N.B., said he needs to obtain and review the Halifax evidence. He said it appears his client does not agree with some of the facts the Crown is alleging with respect to the charge of participating in a criminal organization.
It’s unclear if Zanfi will be looking to withdraw his guilty plea on that charge or will ask for a special type of proceeding known as a Gardiner hearing, where the judge would hear evidence and determine the facts for sentencing.
Crown attorney Will Mathers opposed the adjournment request. Mathers said he and Kwan had “very carefully negotiated” an agreement for sentencing, adding that if the defendant abandons any part of the agreement, “it all falls apart.”
Mathers said he would then have to insist that Zanfi go to trial on 25 other charges, which had been expected to be dismissed.
Buckle granted the adjournment and booked June 13 for whatever type of hearing is required. She said Zanfi will have to appear in court in person that day.
The lawyers will call into the courtroom April 26 for an update on the defence position.
SUMMARY OF FACTS
In December, Mathers gave the judge a summary of the offences, saying a more detailed, agreed statement of facts would be presented at sentencing.
Zanfi was part of a criminal organization from Quebec and came to Halifax Regional Municipality in November 2022, Mathers said.
“Other people in the organization called various senior citizens in (HRM), pretending to be police officers or lawyers or other people involved in the administration of justice,” the prosecutor told the court.
“They advised the different senior citizens that their nieces or granddaughters or grandsons had been taken into custody for criminal offences and they would need to pledge substantial amounts of cash and actually provide that cash so their family members could be released.”
The cash was to be given to a local bail bondsman, the victims were told.
“Mr. Zanfi would then attend at the homes of these senior citizens … and would retrieve large cash sums from those old people after presenting himself as a bail bondsman,” Mathers said.
He said two of the seven seniors Zanfi admitted defrauding gave him $5,000 each, while the others handed over larger amounts.
The offences were committed in Halifax, Dartmouth and Hammonds Plains between Nov. 23 and Nov. 30, 2022.
Zanfi was arrested in Moncton on Dec. 6, 2022. He had about $64,000 in cash in a suitcase, Mathers said, and there was clothing in his possession that matched the clothing worn by a man recorded by security cameras at the seniors’ homes.
Mathers said he could be seeking a federal penitentiary term, meaning a sentence of at least two years in prison.
The other charges against Zanfi include nine counts of fraud over $5,000, 13 counts of possession of property over $5,000 that was obtained by crime, and three counts of possession of property under $5,000 that was obtained by crime.
BAIL CONDITIONS
Zanfi was released on a $14,000 bail order, with his father as surety. Zanfi deposited $4,000 cash with the court while his father pledged $10,000.
The young man must remain in his residence unless he is going to work, educational programs or job interviews, dealing with medical emergencies or appointments or legal commitments, or attending to personal needs for four hours every Saturday afternoon.
He is not allowed to handle funds in the course of his employment, cannot possess a passport, is prohibited from having any bank card, identification card, or driver’s licence bearing another person’s name, and must not associate with anyone with a criminal record.
Zanfi has to report to police in Halifax by phone every Friday. He was also ordered to have no contact with 20 complainants and stay away from 16 addresses in Halifax, Dartmouth, Bedford, Hammonds Plains, Timberlea, Lake Loon and East Preston.