Employee gets house arrest for fraud
A 35-year-old Windsor man, who pleaded guilty to defrauding his employer of almost $1 million to feed a voracious gambling addiction, was sentenced Wednesday to 18 months house arrest.
Superior Court Justice Bruce Thomas called the crime a “significant offence” and denied a defence request for a two-month adjournment so Nicola (Nick) Diciocco could get his affairs in order before starting his sentence.
Thomas said the case had gone on long enough — Diciocco committed the fraud between February 2008 and February 2010 — and that he planned to sentence the accused as planned.
“I am sincerely sorry for past events,” Diciocco said when asked if he wished to say anything. “I did seek treatment for my gambling.
“I have embarrassed myself ... as well as my family.”
In delivering the sentence, Thomas said he took into account that Diciocco had no previous criminal record, that he pleaded guilty, that he completed a gambling-treatment program and that he has paid some restitution.
Diciocco has paid $50,000 and agreed to pay $25,000 more to the Cintas Corporation.
Diciocco was arrested in March 2010 after a company investigation showed that he defrauded Cintas, a uniform and industrial laundry company where he worked as Windsor’s general manager, of $962,000.
Diciocco, who was charged with 25 counts of fraud and one count of breach of trust, created fake companies that he used to bill Cintas, though no product was ever supplied. The money went to an accomplice.
Charles Lavin, who did not work for Cintas, pleaded guilty in March and was sentenced to 12 months house arrest and ordered to pay $75,000 for his role in the scheme.
Diciocco’s lawyer Brian Dube said his client feels remorse and that his actions were the result of an addiction to many forms of gambling.
“THE CAUSE OF THE PROBLEM CAME DOWN TO A VERY, VERY SERIOUS GAMBLING ADDICTION.”
LAWYER BRIAN DUBE
“The cause of the problem came down to a very, very serious gambling addiction that he had for years,” Dube said outside court. “But he dealt with it decisively 2½ years ago through a residential treatment program.
“He is a relatively young man but has demonstrated over the last 2½ years that he has moved away from that addiction, and has focused his energies on more positive things.”
The joint submission, suggested by the defence and assistant Crown attorney Scott Pratt, also provides one year of probation after house arrest. Thomas also banned Diciocco from possessing weapons and alcohol, though he did allow him to briefly leave his home for medical, religious or business reasons.