SOMBA K'E/YELLOWKNIFE
A homeless man who cashed a fake cheque for strangers who promised to pay him $50 for the job, now has to pay back the entire value of the cheque -- more than $6,800 -- to Money Mart as part of his sentence.

A 36 year old homeless man must pay back $6,800 to Money Mart after being convicted of cashing a fraudulent cheque there supplied by two men he met at Centre Square Mall. - NNSL photo

The 36 year old turned himself in to RCMP after he learned they were looking for him in regards to the fake cheque. He pleaded guilty to using a forged document and was sentenced in territorial court on Tuesday.

According to an agreed statement of facts read to the court, the man was approached by two men in Centre Square Mall on Oct. 10 who asked him to cash a cheque for them.

They said they'd pay him $50 if he did it. The offender, who is addicted to crack-cocaine and was allegedly high at the time, agreed.

The men drove him around town in a taxi cab, trying to cash the cheque.

Money Mart was the only place in town they could find that would take the cheque, which they did, charging a 3.2 per cent fee.

The offender said he handed the cash over to the strangers and they paid him $50 for his trouble.

Crown prosecutor Cecilia Bastedo asked the courts to impose a one-day jail sentence, plus an 18-month probation period where he'd be on order to pay back the $6,852 cheque he cashed at Money Mart.

"That business depends on the honesty of citizens," she said.

Gary Wool, the man's defence attorney, said his client is homeless, has a Grade 6 education and makes $30 to $40 a day in the winter shovelling snow. He said his client has struggled with crack and alcohol use.

Wool said the offender knows what he did was wrong, but emphasized the strangers who conned him into cashing the cheque "picked on the weakest and most vulnerable members of the community."

Similar case

Another man is scheduled to be sentenced in territorial court next Thursday for a similar offence. According to court files, the man cashed a forged cheque for $7,500 at Money Mart on Oct. 10 as well. While the facts of the case have not yet been read before the court, a pre-sentence report noted men driving a cab and "flashing money" encouraged him to do it.

The pre-sentence report describes the accused as a diagnosed paranoid schizophrenic with a history of drug and alcohol abuse and no permanent income.

RCMP spokesperson Sgt. Marc Coulombe confirmed these were the only two related cases the Yellowknife detachment has come across so far.

Coulombe was unable to confirm if the RCMP are investigating the activity of those who allegedly put the men up to cashing the cheques.

Tough times ahead for accused

Although he agreed with the sentence suggested by Bastedo, Wool said the repayment was a "substantial amount" for his client. He asked for a two-year probation term for him to pay back the money.

Judge Garth Malakoe agreed, although he had reservations about only imposing a single day jail sentence for the offence.

"To use a document in this way affects how those businesses conduct their affairs," he said.

Malakoe sentenced the man to two years of probation, adding he'd have to make payments of at least $300 per month to Money Mart during that time.

He added a $150 fine to the sentence after the offender missed a court appearance in January. He also imposed two victim of crime surcharges totalling $145.

In total the man will have to pay back $7,147 to Money Mart and the court.