By Kellah Lavoie

Sewap sentenced for PBCN fraud

Aug 12, 2011 | 12:09 PM

A former Peter Ballantyne Cree Nation administrative assistant has pleaded guilty to fraud.

George Kevin Sewap, 40, was scheduled to have a trial today on charges of fraud under $5,000. Just before the trial was set to start, the Crown and defence struck a deal.

The charges stem from 2004 when Sewap wrote a check for $3,200 to pay for trip to Mexico for himself and his wife. The money came from the Peter Ballantyne Band Development Ltd. bank account – it was for the Pelican Narrows Band Hall project. It was originally from the treaty land entitlement fund.

Crown prosecutor Jennifer Claxton-Viczko said it was common to leave signed, blank cheques at the office.

“My understanding from the investigation is it was a matter of expediency really to have cheques available when issues came up, emergency issues when someone was not available to sign the cheques, then the cheques would be used for emergency purposes,” she said.

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Sewap and Melvin Merasty, who went through mediation earlier this year, were in charge of keeping the books for the bank account.

The money was recorded as “services in relation to the Pelican Narrows Band Hall project,” she said.
In 2006 the issues was mishandling of funds was brought to RCMP.

During the investigation Sewap told RCMP he was given permission to use the money for the trip, but all chiefs and councillors asked said that was not the case.

Nolan Courteau, Sewap’s lawyer, told the court that Sewap was going through a rough patch at the time. He was having marital issues, working large amounts of overtime and his daughter was involved in drug usage.

He said Sewap felt so remorseful that he never even went on the Mexican vacation.

He told Judge Morris Baniak that his client anticipates new employment and the incident was a “one-off transaction.”

Sewap told the court he is sorry for what he did.

“I embarrassed myself, embarrassed my family, friends,” he said.

Baniak told him that he “exercised some poor judgement.”

He agreed with the joint submission presented by the Crown and defence, sentencing Sewap to a 12-month conditional sentence. He must adhere to a 11 p.m. to 7 a.m. curfew and abstain from alcohol and drugs. He also has 10 months to pay back the $3,200.

Courteau said his client is relieved.

“He’s ready to move on, it was a small amount of funds and… he’s ready to move on to bigger and better things,” he said.

Claxton-Viczko was pleased with the court’s decision.

“It was a satisfactory resolution. A guilty plea was entered acknowledging that funds were fraudulently used,” she said.

“It’s not a light sentence – it’s a jail sentence he serves in the community.”

She said there were allegations of millions of dollars that went missing through the treaty land entitlement fund, but very few charges.

“There is a huge investigation, what will result in if any other changes will come out of it, we will have to see,” she said.

“I think there are definitely some difficulties that the RCMP had when trying to investigate it because there is a lot of paperwork and in order to prove fraudulently behaviour you need documentation.”

klavoie@panow.com