A former treasurer of the Esterhazy Minor Hockey Association drained the organization’s finances by conducting multiple unauthorized e-transfers, resulting in the theft of approximately $45,000 within a seven-month period last year. The individual, Cory Johnathon Smith, 37, faced sentencing in Esterhazy, Saskatchewan, located around 180 kilometers east of Regina.
During the court proceedings, Crown prosecutor Fred Fisher revealed that the non-profit group was left with minimal funds, causing concerns among board members about the potential cancellation of the hockey season in Esterhazy. The association had to seek temporary relief from ice fees and initiate fundraising activities to mitigate the financial impact.
The theft significantly disrupted the organization’s operations, strained volunteer resources, and undermined community trust, as mentioned in the victim impact statement provided by the association. Glen Simon, the association’s president at the time, uncovered the embezzlement when vendors started reporting unpaid invoices. Subsequent investigations revealed discrepancies in financial reports presented by Smith at board meetings, exposing the depletion of funds to almost zero.
Smith initially returned $20,000 and had the remaining $24,798 set aside in his lawyer’s trust account for repayment. Following the incident, Smith was relieved of his duties as the hockey association’s treasurer. Fisher highlighted that the association, like many others, now requires dual authorization for cheque transactions to prevent similar incidents in the future.
Regarding sentencing recommendations, Fisher proposed a one-year conditional sentence order for Smith, allowing him to serve the sentence in the community. In contrast, defense lawyer Raman Sharma advocated for a two-year conditional discharge to avoid a criminal record if Smith complies with probation terms.
Sharma explained in court that Smith expressed deep remorse and acknowledged his culpability, attributing his actions to personal turmoil during a challenging marital separation that affected his mental well-being and ability to sustain regular financial obligations. Sharma described Smith’s decisions as “truly irrational,” especially considering the association’s direct benefits to his children.
The defense argued that a criminal record would jeopardize Smith’s employment as a plumber, which mandates background checks, potentially impacting his financial stability and ability to meet child support obligations. Smith has already faced significant social consequences and familial strain within the Esterhazy community due to the incident.
Despite the defense’s plea for leniency, the Crown opposed a conditional discharge, emphasizing Smith’s breach of trust and the extensive duration and frequency of the thefts. Judge Ross Green sided with the Crown’s position, imposing a 12-month conditional sentence order on Smith. The conditions include a curfew, abstinence from substances, participation in mental health programs, full restitution of the stolen funds, and a written apology to the Esterhazy Minor Hockey Association.
