PRISON SENTENCE FOR FORMER IMMIGRATION OFFICIAL WHO TOOK BRIBES

Heavy prison sentence for former officer is a warning to all those who get a bit too cozy with those who want to get special treatment.


CANOE -- CNEWS: - Ex-immigration official gets prison time for taking bribes

Ex-immigration official gets prison time for taking bribes

By Megan Gillis, Ottawa Sun

The Ottawa Courthouse on Elgin St. (Ottawa Sun file photo)

OTTAWA — A "scheming" and "corrupt" former immigration department manager was led out sobbing Thursday after a judge sentenced her to four years in prison for taking bribes to give newcomers special treatment. Diane Serre's crimes attack the heart of our country, Judge Catherine Aitken said. “This case is about fundamental Canadian values — values such as integrity, objectivity and impartiality in the operation of our public institutions," she said. "The illegal conduct that you engaged in as a member of our public service breached the duty you owed to all Canadians and to all newcomers to uphold these values we all hold so dear." Aitken convicted Serre of charges including fraud and breach of trust for 10 cases handled by Ottawa's citizenship and immigration department office in 2003 and 2004. In some of the cases Serre took bribes to simply speed up processing of a file. But in others she granted work and residency permits that newcomers weren't entitled to receive.

COURT HEARS SUBMISSIONS IN SENTNECING OF CORRUPT IMMIGRATION OFFICIAL

This story is dragging on and on....

Actor Adam Beach lends support at convicted immigration officer’s sentencing hearing

 

By Andrew Seymour, Ottawa CitizenNovember 20, 2012

 

Diane Serré was convicted in June of fraud and breach of trust for her role in illegally fast-tracking immigration applications.

Photograph by: Mike Carroccetto, Ottawa Citizen

 

OTTAWA — An immigration manager convicted of fraud enlisted star power to help try to convince a judge she deserves house arrest, not jail, for accepting cash and gifts in exchange for fast-tracking applications.
Actor Adam Beach wrote a letter in support of Diane Serré, whose common-law husband is also the father of singer Keshia Chanté.
“Diane is one of the kindest, most sincere people I have ever met,” wrote the Golden Globe-nominated actor who appeared in the Hollywood movies Windtalkers, Flags of Our Fathers and Cowboys and Aliens as well as countless other films and television shows.
Beach, who paid for Serré’s court application to receive government funding to mount a defence, said he had known Serré for a decade. She has been a guest at his house numerous times, he said, and would often attend traditional Aboriginal Powwow celebrations with his family. The day she was arrested, Beach said he visited Serré’s house to perform a cleansing smudge ceremony in offer of spiritual support.
“Diane is a generous, kind-hearted soul who I am very grateful to have had in my life,” Beach wrote. “She is a wonderful example as a successful Aboriginal woman who is spiritually connected to her culture — not only to those who know her well, but to young Aboriginal women across Canada.”
Serré’s lawyer, Natasha Calvinho, is asking for a two-year conditional sentence to be served in the community, including 18 months of house arrest. That sentence should be followed by probation for three years, Calvinho argued, and could involve hundreds of hours of community service.
The Crown is expected to ask that Serré be sentenced to six years in a federal prison.
Serré was found guilty of more than two dozen fraud and breach of trust charges in June.
Ontario Superior Court Justice Catherine Aitken found that the 42-year-old teamed up with Dakik and his wife, who was also Serré’s esthetician, to form what the judge described as a “joint enterprise” to make money helping immigrants with their immigration files between 2003 and 2004.
Aitken said Dakik “let it be known in the Lebanese community” that he could make things happen for a price because he had someone on the inside at immigration. That person was Serré, Aitken found.
Dakik met with the clients before bringing their files to the attention of Serré, who used her influence as acting operations supervisor at Citizenship and Immigration Canada’s Catherine Street office to speed up the process.
Some of the people Serré helped were in Canada illegally while others were given work permits they wouldn’t otherwise be eligible to receive. One man had outstanding criminal charges in Halifax.
Serré also fast-tracked permanent resident applications, accomplishing in weeks what immigration employees testified might otherwise typically take months or years to be completed.
Exactly how much Serré received for her help isn’t clear, although Aitken’s decision outlined at least $25,900 in payments received by Dakik.

CONVICTION OF CORRUPT IMMIGRATION OFFICIAL A WARNING TO THOSE SEEKING ADVANTAGES

Here is the Ottawa Citizen report on the conviction of  a corrupt immigration official. Kudos to the newspaper for thoroughly and diligently following this important and unusual case.

Aside from the particulars of this case, this should serve as a reminder to applicants who seek an advantage  in their cases by using fraudulent, corrupt or improper means, that Canada is a country where the rule of law prevails and immigration processing is not based on "who you know" to "push a file", despite the outlandish claims made regularly by unscrupulous individuals looking to give false hopes to applicants. Do the right thing: seek reputable and knowledgeable representation and play by the rules. There is a difference between providing representation and forcefully arguing a case on one hand, and seeking to influence officials improperly on the other. It remains to be seen if CBSA would revisit the applications that were the focus of this investigation. 

‘Corrupt’ immigration manager convicted of fraud

By Andrew Seymour, The Ottawa CitizenJune 22, 2012

Diane Serré leaves the Elgin Street courthouse on Friday after she was convicted of fraud and breach of trust. The former immigration manager accepted cash and gifts in exchange for immigrants receiving preferential treatment.

Photograph by: Mike Carroccetto, The Ottawa Citizen

OTTAWA — Evidence that a former immigration manager accepted cash and gifts in exchange for preferential treatment was “absolutely overwhelming,” a judge concluded Friday, after finding the woman guilty of more than two dozen fraud and breach of trust charges.
“I am persuaded beyond a reasonable doubt that Diane Serré acted with the intention to use her public office for a purpose other than the public good; namely, for a purpose that was dishonest, partial and corrupt,” Ontario Superior Court Justice Catherine Aitken wrote in an 86-page written decision that found Serré accepted money from friend Issam Dakik in exchange for her help processing 10 immigration files.
“She used her position to make money by providing information, documentation, advice and/or preferential treatment to Mr. Dakik’s immigration clients in a way that she hoped would never be discovered by anyone else at (Citizenship and Immigration Canada),” wrote Aitken.
Serré, 41, teamed up with Dakik and his wife, who was also Serré’s esthetician, to form what the judge described as a “joint enterprise” to make money helping immigrants with their immigration files between 2003 and 2004. Aitken said Dakik “let it be known in the Lebanese community” that he could make things happen for a price because he had someone on the inside at immigration. That person was Serré, Aitken found.
Dakik met with the clients before bringing their files to the attention of Serré, who used her influence as acting operations supervisor at Citizenship and Immigration Canada’s Catherine Street office to speed up the process.
Some of the people Serré helped were in Canada illegally while others were given work permits they wouldn’t otherwise be eligible to receive. One man had outstanding criminal charges in Halifax.
Serré also fast-tracked permanent resident applications, accomplishing in weeks what immigration employees testified might otherwise typically take months or years to be completed.
Exactly how much Serré received for her help isn’t clear, although Aitken’s decision outlined at least $25,900 in payments received by Dakik.
Serré took precautions to keep her activity secret, Aitken noted, although they weren’t enough.
As part of their investigation, police wiretapped hundreds of phone calls between Serré and Dakik, videotaped interactions between Dakik and an undercover agent, conducted surveillance, planted a video probe in Serré’s office and raided both her and Dakik’s home searching for evidence. Six marked $50 bills that had been paid to Dakik were seized from a safe at Serré’s home.
“I’ve rarely seen a case that has as much evidence as this one,” said Aitken, who noted in her written decision Serré’s lawyer had “virtually nothing” to say regarding the evidence. “I am left without any doubt at all.”
At trial, Serré’s lawyer challenged little of the evidence against her, instead arguing she wasn’t paid much and believed she was helping hard-luck immigrants after being manipulated by a friend.
Aitken rejected those arguments, instead finding that Serré was part of a conspiracy with Dakik.
Dakik already pleaded guilty to his role in the scheme, along with credit card fraud, and was sentenced to two years and nine months in prison in 2006.
Dakik claimed at trial Serré received only small gifts like a barbecue and free esthetic treatments from his wife along with cash payments of $200 or less. Aitken didn’t believe him.
“It is inconceivable that Ms. Serré would have jeopardized her job and her liberty by engaging in the illegal activities in which she was involved unless it was worth her while financially to do so,” wrote Aitken.
“She had no personal connection with the immigrants she was assisting. The only difference between them and the other immigration clients being processed at the Ottawa C.I.C. office was that Mr. Dakik was being paid handsomely to move their files forward,” she wrote.
Serré was found guilty of 15 counts of fraud and 12 counts of breach of trust. She was acquitted of only a single count — bribery — after the Crown conceded that had not made out their case on that charge.
Aitken said Serré’s conduct violated the standard of responsibility of her office.
“One of those responsibilities was to ensure that everyone within her office working on an immigration file did so in compliance with legislation, regulations and department standards and policies,” wrote Aitken. “She did not apply that standard to herself.”
Serré remains free on bail pending a sentencing hearing, which will likely be set for later this year.

IMMIGRATION TRIAL CONTINUES IN OTTAWA

This trial is quite  interesting and surprisingly long. Ottawa Citizen reports on the details:

No one would risk job over $200 gifts, witness tells immigration fraud trial

By Andrew Seymour, The Ottawa Citizen

March 22, 2012

OTTAWA — A man who was supposed to be a star witness for the Crown in its case against an immigration manager charged with fraud and bribery has instead claimed the bureaucrat didn’t know he was accepting cash from immigrants.
And while Issam Dakik said he did give Diane Serre gifts and cash up to $200, he never told her it was in exchange for her help speeding up the processing of permanent resident applications and other immigration files.
Prosecutors allege Dakik teamed up with Serre — a family friend who also babysat and tutored his children — in a scheme that saw Serre use her influence as an immigration manager to fast track the application process.
Serre, 41, has pleaded not guilty to 28 charges, including fraud upon the government, breach of trust by a public official and bribery.
Dakik said someone would have to be “the most stupid person on the earth” to risk a good job with Citizenship and Immigration Canada over $200 gifts.
Serre was steadfast that she wouldn’t accept money for helping with the immigration files because it would be wrong, Dakik said, even when he suggested they could make a lot of cash together.
Serre insisted on following the rules, Dakik said.
“Any clients I have, did the RCMP strip them of their status? No, because it fit the rules,” said Dakik.
Dakik agreed with Serre’s lawyer, Natasha Calvinho, that he didn’t want Serre to know he was collecting money because there was a “real risk” she wouldn’t continue to help him.
However, Serre did tell him she and other immigration officers could accept the $200 gifts, Dakik said. The code of conduct for Citizenship and Immigration Canada says it may be all right to accept token gifts, but says nothing about a $200 limit.
Dakik, who was sentenced to two years and nine months in prison for the fraud, testified he didn’t even read the facts he admitted to when he pleaded guilty. Those facts implicated Serre in the scheme.
Dakik said Thursday that he took the plea because the Crown agreed to drop charges against his wife.
Dakik’s testimony Thursday followed six days of cross-examination by the Crown after a judge declared Dakik an adverse witness as a result of his evasive answers that were full of discrepancies.

WIRETAPS, HOSTILE WITNESS AT IMMIGRATION CORRUPTION TRIAL

This trial continues to get more interesting. What I fail to understand is why the matter took so long to come to trial, especially where the seems to be so much evidence  presented. I think that point should be better explained by the press, as it is said "justice delayed is justice denied". Kudos to the Ottawa Citizen for thoroughly reporting on thsi important trial.

Wiretapped phone conversations played at Ottawa immigration fraud trial

By Andrew Seymour, The Ottawa CitizenMarch 14, 2012

OTTAWA — A one-time Citizenship and Immigration Canada supervisor accused of fast-tracking permanent residency applications for cash and gifts was recorded on a police wiretap counselling a man to lie and to pretend to be his brother in order to pick up the government card.
The taped phone call between Diane Serre and Issam Dakik was played in court Wednesday.
Prosecutors allege Dakik was the go-between who took money from immigrants before contacting Serre, who would use her influence as a manager at the Catherine Street immigration office to get their applications processed faster.
Serre, 41, has pleaded not guilty to 28 charges, including fraud upon the government, breach of trust by a public official and bribery.
On the recorded phone call from December 2004, the two appear to be discussing the case of one of Dakik’s clients, John Khouri, whose brother needed his permanent resident card but wasn’t in the country to pick it up, as required by immigration rules.
“He should pretend that he’s him when I call back,” Serre tells Dakik on the call.
Two minutes later, Dakik was recorded on another wiretapped call telling Khouri that was what he should do.
Dakik, who has already served prison time for his role in the scheme, has been declared an adverse witness and is being cross-examined by the Crown.
Dakik has been on the witness stand for three days, his testimony tedious at the best of times.
On Wednesday, prosecutor Mike Boyce would frequently present Dakik with a tape recorded phone call and ask questions about what Dakik meant during the conversation, only to have Dakik conclude he either didn’t remember or it was only “possible” that Boyce’s suggestions were accurate.
That was the case when Dakik was confronted by Boyce with another phone call where Dakik puts Khouri on hold while he seems to consult with a “lawyer” about Khouri’s case.
Dakik conceded it was “possible” he actually consulted with Serre during the calls.
However, Dakik never wavered on who his contact was at Citizenship and Immigration Canada.
“She was my source at all times,” Dakik said of Serre. “She is my only contact at immigration.”
The trial continues.

IMMIGRATION CORRUPTION TRIAL CONTINUES

Trial of corruption allegations at Citizenship and Immigration Canada continues. Interesting evidence:

Manager showed off jewelry she received from immigrant clients, fraud trial hears

 

By Matthew Pearson, The Ottawa CitizenJanuary 31, 2012

A senior Citizenship and Immigration Canada manager broke the rules by accepting gifts from clients and ordering an underling to approve work permits for clients who had previously been denied, an Ottawa court heard Tuesday.
Samia Caron worked with Diane Serre at the Catherine Street immigration office from June 2002 until December 2004, when Serre was arrested.
Because she hadn’t been on the job long, Caron said she followed Serre’s direction when told in the summer of 2003 to reconsider a family’s file.
“I trusted she knew more than I did, so I did what I was told,” Caron said.
Serre is accused of teaming up with a man to take money from mostly Arab immigrants in exchange for fast-tracking their applications.
The Crown alleges the man, Issam Dakik, would meet with the applicants and collect the money before contacting Serre, who would use her influence as a supervisor at the immigration office.
Serre, 41, has pleaded not guilty to 28 charges, including multiple allegations of fraud against the government and breach of trust of a public official. She is also charged with one count of bribery.
Caron testified that she had refused a family’s application in April 2003.
Later that year, at a social gathering of colleagues — which occurred while Caron was on holidays — Serre brought up the family’s application and said Caron should have approved it.
Caron had refused the applicants because certain documents were missing, but Serre said she should have shown the clients “procedural fairness.”
Caron then revisited her decision not because she agreed with Serre, but because she was being told. Serre also told her not to charge the clients any further fees.
“I did what I was told, I revisited my decision and I reversed it,” she told the court, adding that, in her eyes, turning it down a second time would not have been an option.
Caron said she did not hear about the file until about a year later when she learned the case — and the officer who approved the permits — was under investigation.
She wasn’t personally investigated and suffered no consequences, she told the court, adding she still works for the immigration department.
Caron also told the court that Serre had once shown colleagues jewelry and perfume she’d received as gifts from clients for whom she helped obtain permanent residence in Canada.
Accepting gifts was contrary to the department’s code of conduct, Caron said.
“(Serre) told us not to say anything to anybody.”
Caron also claimed Serre had made off-the-cuff comments in the employee lunchroom about how much money employees could make off clients by doing favours for them.
On another occasion, Serre told colleagues she had $8,000 in cash stashed away at home.
The Crown played for the court three wiretapped phone conversations, during two of which a female identifies herself as calling from the “Department of Citizenship and Immigration.”
Caron — who worked with Serre for more than a year and spoke with her on a daily basis — identified one of the voices as that of her former boss, now seated in the front row of the courtroom.
The trial continues.