Woman who defrauded Sault College of $77,886 loses appeal

The province's highest court has dismissed a Sault Ste Marie woman's appeal of the jail sentence she received for defrauding her former employer of roughly $78,000.

In a brief decision, released last week, the Ontario Court of Appeal upheld the six-month custodial term imposed in June by Justice Romuald Kwolek.

Lori Amendola stole $77,886 from Sault College between March 2016 and March 2017.

The six-year employee pleaded guilty to fraud and failure to attend court in October 2021.

The 46-year-old worked as a residence assistant, between 2015 and 2017, where she was responsible for collecting petty cash, parking and other fees.

The fraud affected at least 112 students, who used e-transfer to pay their fees to Amendola.

When the manager of Student Housing approached her about the financial irregularities, she resigned, admitted her wrongdoing and indicated she wanted to pay back the money, Kwolek noted in his 15-page written decision.

Kwolek heard her crimes were fuelled by addiction. 

Her substance abuse "started to get progressively worse" in 2016 when she and her husband lost a best friend, and she was involved with a negative peer group.

She was using opioids, fentanyl and heroin.

The following year, Amendola said she lost her home, her job, their two vehicles and moved into a rental property.

She was "struggling financially" because of debts during periods of heavy substance abuse before and after the offence.

The Crown had been seeking 12 to 18 months incarceration, followed by probation.

The defence called for a two-years-less-a-day conditional sentence, which would be served in the community, followed by the maximum period of probation (three years).

Kwolek decided six months jail, plus 18 months probation, was the appropriate sentence.

The higher court heard Amendola's appeal on April 4 and released its decision the same day.

It concluded that Kwolek properly identified the applicable legal principles for the offence and this offender.

"We cannot say that the short period of incarceration imposed by the judge was unfit."

The sentence demonstrates that Kwolek adhered to the principles of restraint and had taken into account the significant, relevant, mitigating factors, including Amendola's addiction, the panel concluded.

In his decision, Kwolek cited the magnitude and duration of the offence, which involved a large-scale fraud and many individual acts of dishonesty during a 12-month period, as an aggravating factor.

As well, Amendola was a worker in a position of trust stealing from her employer, he said.

The judge also considered 12 mitigating factors, including her guilty pleas, which he called signs of remorse, her co-operation with authorities, and lack of a prior criminal record.

He noted the offences occurred when she was struggling with substance abuse and the money helped fuel her addictions.

She lost her home and suffered other financial setbacks at that time, Kwolek said.

"It does not appear that greed was a factor in the offences."

During her probation, Amendola must do 180 hours of community service and take counselling for substance abuse.

Kwolek also imposed a stand-alone restitution order in the amount of $77,886.13 payable to Sault College.

Amendola is prohibited from working or volunteering in any capacity involving money for five years.