Calgary Court of King's Bench Justice Darren Reed sentenced Dave Guylenz Mitchell Beauvais to 28 months in a federal penitentiary on Wednesday for a scheme that defrauded Alberta Student Aid programs using forged documents and stolen identities. The sentence, handed down in Calgary, came after Beauvais pleaded guilty last fall to charges of fraud and uttering forged documents.
Judge rejects conditional sentence
Crown prosecutor Greg Whiteside had sought a 30-month term, arguing that the community-based conditional sentence proposed by defence lawyer Funda Mutlay would not adequately punish Beauvais. Whiteside emphasized that such schemes exploit the anonymity of the internet and require deterrence, especially as much of the scamming occurred during the pandemic when more business moved online.
Mutlay had argued for 12 months of house arrest as part of a two-year conditional sentence, stating that incarceration is not the only way to achieve deterrence and denunciation. However, Reed agreed with the Crown, noting that the involvement of identity theft made the crimes more aggravating than fraud offences involving employee theft.
Details of the fraud scheme
Beauvais, 39, now residing in Ottawa, used phony passports, driver's licences, and social insurance cards to make false claims for loans from Alberta Student Aid programs. Fraudsters collected personal information of individuals and forged documents to apply for student loans and open bank accounts to receive disbursements. Loans to 15 different individuals whose identities were stolen were approved, totaling more than $500,000, although just under $200,000 was actually disbursed.
Mutlay told the court that her client was experiencing instability and homelessness at the time and was desperate to make ends meet. However, Reed found that the egregious nature of identity theft warranted a custodial sentence, stating, "Courts seem more inclined to grant CSOs in the latter than the former. I find this is due to the more egregious nature of identity theft."
Impact and deterrence
Whiteside noted that the forms and means of fraud are proliferating in society, and that deterrence is crucial. The sentencing decision was delayed to allow Beauvais to travel from Ottawa to Calgary; during submissions, he appeared via video link from the nation's capital. The case highlights the ongoing challenge of online fraud and the need for strong penalties to protect vulnerable programs like student aid.
