The Guardian (Charlottetown)

Convicted fraudster sentenced for more offences

- TERRENCE MCEACHERN THE GUARDIAN terrence.mceachern @theguardia­n.pe.ca @PEIGuardia­n

A P.E.I. man already serving jail time for several rental and constructi­on frauds has been convicted and sentenced for additional offences.

Kelly Giroux, 56, pleaded guilty and was sentenced on Feb. 21 in provincial court in Charlottet­own for one count of fraud over $5,000 and one count of fraud under $5,000. Giroux appeared in court by video from the Provincial Correction­al Centre.

THE FACTS

The first fraud involved a 2015 camper (or travel trailer) Giroux advertised for sale on Facebook Marketplac­e, said Crown attorney John Diamond at sentencing.

A man contacted Giroux on April 25 about the camper for sale and paid Giroux the $11,500 asking price through several e-transfers. However, the man was having difficulty getting the camper from Giroux. Giroux gave excuses to the man, including that repairs still needed to be done to the camper. The man asked for his money back but Giroux only returned $2,000. As a result, the matter was reported to police on June 30. The total amount of the fraud was $9,500.

Then on Aug. 11, another man responded to an advertisem­ent by Giroux on Kijiji for a room rental. The man gave Giroux a $1,000 deposit but the room was not available for rent. The man also reported the matter to police.

OTHER RENTAL AND CONSTRUCTI­ON FRAUDS

On Dec. 13, Giroux was sentenced in provincial court to a total of 16 months in jail for three frauds related to constructi­on services and three frauds for offering room or home rentals that weren't available. The rental frauds were in relation to a property at 47

Brandy Dr. in Stratford that was advertised on Facebook Marketplac­e.

The offences occurred from March to September. The total amount of the frauds was $58,415.13.

On Sept. 22, Giroux and co-accused Jimmy Bouillon Savard were arrested at the Brandy Drive residence.

The 16-month sentence also included conviction­s for mischief for interferin­g with the lawful use of property and using a forged Stewart McKelvey law firm letter in relation to the rental frauds.

In addition to the 16 month jail sentence, Giroux was also sentenced to two years of probation and ordered to pay restitutio­n for the total amount defrauded. He received 123 days of enhanced credit for time spent in presentenc­e custody and was ordered to write letters of apology to the victims.

CO-ACCUSED PREVIOUSLY SENTENCED

On Feb. 12, Savard, 40, was sentenced for two counts of fraud in relation to the Stratford rental scams as well as aiding Giroux with committing the offences. Savard presented himself to the rental fraud victims as the property manager named Tim whereas Giroux presented himself as the property's owner named Mark or Marc Gallant.

Savard was also sentenced for a third rental fraud that occurred in Charlottet­own on Grafton Street. Savard received a total of 85 days in jail and 18 months of probation for the offences. He was also ordered to pay $2,150 in restitutio­n for the Charlottet­own rental fraud.

SENTENCE FOR RECENT CONVICTION­S

On Feb. 21, Diamond recommende­d 60 days in jail for each fraud offence concurrent to each other and concurrent to Giroux's Dec. 13 sentence since those matters were similar and occurred during the same time period. The concurrent sentence means that Giroux had no additional time in jail to serve. The recommenda­tion was jointly made with legal-aid lawyer Conor Mullin.

Judge Nancy Orr accepted the joint sentence recommenda­tion. In addition, Giroux was ordered to pay $10,500 in restitutio­n.

 ?? FILE ?? Kelly Giroux, 56, was sentenced recently to 60 days in jail for two counts of fraud. That sentence was concurrent to a 16-month jail sentence Giroux received on Dec. 13 for rental and constructi­on frauds and other offences.
FILE Kelly Giroux, 56, was sentenced recently to 60 days in jail for two counts of fraud. That sentence was concurrent to a 16-month jail sentence Giroux received on Dec. 13 for rental and constructi­on frauds and other offences.

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