Conman handed two-year prison sentence for $2.2 million fraud

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Vernon Ray Fauth was given the minimal sentence of two years in jail on Friday, but it surely may nonetheless quantity to life in jail.

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Protection lawyer Shamsher Kothari mentioned his consumer is critically sick with stage 4 continual kidney illness and should not survive his time behind bars.

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“That is the final stage of his life,” Kothari informed Decide Keith Yamauchi of the Courtroom of King’s Bench of his 75-year-old consumer.

“That is the final chapter, if I’ll put it that means.”

‘They’re doing all the pieces of their energy to delay his life’

The legal professional mentioned that whereas medical doctors won’t formally say how lengthy Fauth is predicted to stay, the prognosis is just not very optimistic.

“They’re doing all the pieces they’ll to delay his life,” Kothari mentioned.

“He is hoping that his life is not going to finish in a federal jail sentence, however that is a chance.”

Fauth pleaded responsible final October to defrauding a bunch of six buyers who poured greater than $2.2 million into his Espoir Capital Corp.

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Kothari informed Yamauchi on the time of the plea that his consumer won’t even make it to his sentencing listening to.

And he mentioned Fauth’s situation, which continues to deteriorate, may quickly lead to him needing dialysis 3 times every week for 3 hours a day.

Medical situation – not age – led choose to point out leniency in sentencing

Crown prosecutor Brian Holtby mentioned Fauth’s crime would usually warrant a seven- to 10-year time period in federal jail. With credit score for a responsible plea, a seven-year time period might be decreased to 4-1/2 years, he informed Yamauchi.

However Holtby mentioned the distinctive components in Fauth’s case led him to conform to a two-year sentence for the senior.

“This case has been difficult for the Crown,” he admitted.

“The traditional interval in a case of this sort can be within the vary of seven to 10 years.”

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However he mentioned he needed it clear that Fauth’s medical situation, not his age, led him to point out mercy to the offender.

“The Crown was not notably persuaded by the argument that age was a mitigating issue,” Holtby mentioned.

“Even when Mr. Fauth was a youngster, given the well being challenges he faces, the Crown would take the identical place.”

As a result of Fauth’s fraud was greater than $1 million, the minimal sentence out there was two years.

Accepting the joint submission, Yamauchi referred to as it a “very troublesome” case.

“You didn’t have a sympathetic treatment with (your victims’) cash and now you’re asking the court docket to have a sympathetic treatment,” he mentioned.

“I struggled with it.”

However Yamauchi mentioned the justice system is just not about taking revenge for individuals who have wronged others.

“I am not right here to say, ‘Gee, these individuals suffered, so I’ll make you undergo,'” he mentioned.

At Kothari’s request, the choose mentioned Fauth may begin serving his time period on March 20, so he may attend three vital medical appointments earlier than being arrested.

KMartin@postmedia.com

On Twitter: @KMartinCourts