Sentencing submissions begin for Calgary accountant accused of fraud, theft

April 22, 2024 Canuck

The much-delayed sentencing of a man accused of fraud and theft in the handling of an estate will have to wait at least a little bit longer.

Sentencing submissions for Jeff Borschowa, who pleaded guilty in April 2022, began on Monday at the Calgary Court Centre.

During a defence submission partially built around delays getting to sentencing, time for the day ran out and the matter was interrupted and adjourned to Wednesday to find a day to pick it up again.

Before that, Crown prosecutor Tony Bell said he is seeking a couple of years jail time.

Defence lawyer Robyn High wants a conditional discharge.

She said if that can’t happen, a suspended sentence might be appropriate, and if that can’t happen, a conditional sentence might be appropriate, and failing all of that, a minimal amount of jail time.

Colleen Monier was 51 years old when she died of terminal brain cancer in 2011 and left her estate to be dealt with by a family friend in Borschowa.

Monier’s estate was worth $700,000 after it was initially valued at $1.2 million.

Her family says they only received a portion as Borschowa allegedly lined his pockets with more than $500,000 over six years.

Borschowa was charged with fraud and theft over $5,000 in 2021 after Calgary police launched an investigation into his activities when Monier’s family became suspicious of the executor and accounting fees he collected from her estate over the years.

Sentencing has been delayed on several occasions in the time since Borschowa’s guilty plea, though the defence said he’s been prepared to proceed.

Michael Palmer, Monier’s brother, expressed disappointment at the further delay but also said the sentencing submissions beginning at all made it seem as if an end was in sight.

What he heard didn’t change his mind on Borschowa.

The defence submitted Borschowa’s long-standing mental-health issues, made worse by physical ailments, contributed to his mishandling of the estate.

The defence said it was reckless behaviour due to the increased stress of handling a complex estate, not a sophisticated scheme to bilk anyone.

The Crown said two years jail time is within the appropriate range and conditional sentences in similar matters have occurred only under exceptional circumstances.

The Crown offered as aggravating factors the abuse of a position of trust, the length of time over which the abuse occurred, an element of concealment and Borschowa’s professional designation at the time as a chartered accountant.

With files by Tyson Fedor

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