CHARLOTTETOWN, P.E.I. — A P.E.I. woman who defrauded a charity that works with people with autism was sentenced Wednesday to 90 days in jail and ordered to repay almost $27,000.
Tracy Ann Smith, 40, appeared before Chief Justice Tracey Clements in P.E.I. Supreme Court in Charlottetown for sentencing after previously pleading guilty to defrauding the Stars for Life Foundation.
Smith started working for the foundation in 2012 and became its executive director in January 2017.
In sentencing Smith, Clements followed a joint recommendation from the Crown and defence.
Smith defrauded the foundation over a period of 16 months by forging cheques and using the organization’s Visa card for cash advances and purchases.
Before she was caught, Smith started paying back some of the money she took by having it deducted from her paycheques.
The court heard Smith suffered from anxiety, depression and alcohol issues.
Smith started gambling in 2017 but said she didn’t think she was addicted because it was paired with her drinking, the court heard.
As Clements reviewed the details of the case, she referred to a victim-impact statement that said the fraud had a devastating impact on the foundation, its staff and its clients.
Foundation board president Carolyn Bateman said in the victim impact statement she couldn’t understand how Smith could commit the fraud knowing the difficulty the organization has with fundraising.
The court heard Smith’s fraud wiped out most of the donations from one of the foundation’s two major fundraisers.
Sale of property
In accepting the joint recommendation, Clements said it addressed the principles of sentencing and it satisfied the public interest.
Clements ordered Smith to pay $26,943.34 in restitution and put the proceeds from the sale of a property she owns toward the outstanding amount.
Smith will be on probation for three years, which included conditions that she have no contact with the foundation’s board members or staff unless her probation officer consents.
She must also perform 100 hours of community service.
After finishing the sentencing, Clements addressed Smith in court to say she hoped the woman will be able to pay back the money for her own sake and for the foundation’s.
She also told Smith she hoped her addiction issues never again contribute to her making similar decisions.
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