Hurlburt sentenced: Clawback warranted
Richard Hurlburt will serve a year of house arrest and a year of probation for defrauding taxpayers of $25,320.77 through false expense claims he submitted while he was a senior provincial minister.
That sentence, meted out Friday by Judge David MacAdam, is a disappointing end to a sordid affair, one of four cases of MLAs charged after a 2010 audit of members’ expenses.
Like many Nova Scotians, we believe Mr. Hurlburt’s frauds — a breach of trust at the highest level of provincial public office — shocked the public conscience to an extent that warranted some period of jail time.
Former MLA Dave Wilson got nine months in jail for defrauding taxpayers of $61,000 to feed a gambling addiction. There was no evidence Mr. Hurlburt was in any financial or personal distress when he pocketed money for a high-end generator he didn’t buy and office renovations that weren’t done, or when he expensed a big television for his office and took it home.
These were acts of calculated, callous greed. So how is it just for Mr. Hurlburt to live comfortably at home on a generous minister’s pension earned while he was bilking taxpayers?
Judge MacAdam, however, focused on the size of the fraud. It was much less, he said, than amounts for which others had been jailed.
This doesn’t set a high enough standard for ministers, nor is it enough to protect the public from ministerial misconduct. So it’s time the government followed best practices corporations have been adopting to deter executive malfeasance by clawing back benefits.
Driven by U.S. laws directed at accounting fraud and reckless banking, many firms now have policies to recover executive benefits in cases of misconduct and/or restatement of accounting results. Mr. Hurlburt’s case fits this scenario and it would be appropriate to have legislation that clawed back financial benefits he earned while committing his frauds and to deduct them from his pension.
Taxpayers certainly need such safeguards for the future. But the government should also make every effort to have a clawback apply retroactively to Mr. Hurlburt’s misconduct.
The Hurlberts
Submitted by mmeh on July 28, 2012 - 6:58am.
Don't they have a lovely tan?
he should lose his pension
Submitted by Defender on July 28, 2012 - 7:37am.
When you are guilty of a crime you should lose your pension . End of story !
Judge Mac Adam Needs Reality Check
Submitted by lingan on July 28, 2012 - 7:34am.
Outrageous sentence. It's not enough society has to deal with all of the common thieves but now even those that we pay for "looking out for our interests", quite generously mind you. It is hard to stomach this house arrest sentence thinking of this thief sitting on his couch (watching his 40 inch LCD television no doubt) waiting for the postman to bring him his gold plated pension check courtesy of the people he stole from. Judge Mac Adam needs a reality check big time! God an honest person could just scream!
Precedence
Submitted by mact on July 28, 2012 - 7:52am.
So, Wilson's sentencing didn't set a precedence. As ridiculous as this sounds: If I were him I would be inclined to sue the Judge.
.....@Defender: yes, you are right, he should lose his pension.
So who is Judge Judge David
Submitted by In the Woods on July 28, 2012 - 8:14am.
So who is Judge Judge David MacAdam? I checked the Nova Scotia court listing and found that he was a Supernumerary, and that a supernumerary is really a non regular member. But what I was really interested in finding was who appointed him. The sentence needs to be appealed, this guy needs to do some jail time he was a minister of the crown and he stole, he planned it he worked the system and all we know is what he got caught with. Appeal, appeal and please tell me who appointed the judge.
Percentages
Submitted by mact on July 28, 2012 - 8:16am.
.....If severity is based on the amount stolen, then sentencing should be the same. 25,320 is 42% of 61,000. 42% of nine months is 3.8 months, not 000.
Hurlburt sentenced
Submitted by papabear1647 on July 28, 2012 - 8:19am.
They call that a sentence!!a thief is a thief regardless how it's looked at,being sentenced by a judge from your home town is the same as one police department investigating another police department for a crime,it doesn't work,we lie in court were charged with perjury, they lie they get brownie points.
Small town sentence for
Submitted by ihave2say... on July 28, 2012 - 8:12am.
Small town sentence for privileged big time thug! Judges and politicians should have a shelf life. Unfortunately, even though we were all hoodwinked by his criminal activity, we now have to pay Hurlburt et al a big pension.
Hurlburt sentenced
Submitted by proudruralguy on July 28, 2012 - 8:34am.
Some pretty ignorant comments here. For those who have known Mr. Hurlburt...this was out of character for him to have done this.All evidence was examined by the court. He did pay back the money. He did apologize.That counts.
As for his pension, he (as well as everyone else) is entitled to benefits promised.
Our legal system works independently of public revenge...thankfully.Get on with your lives,folks.
Point not Taken
Submitted by mact on July 28, 2012 - 11:22am.
Evidence is present to find a to either convict or exonerate a person. Hurlburt was been convicted and then he was sentenced. The evidence has nothing to do with the sentencing. The nature of the crime should have played a part in the sentencing and it didn't.
Out of Character
Submitted by lingan on July 28, 2012 - 11:45am.
Out of character for him - do you realize how illogical that is. An employee of a private company convicted of theft from that company would not get a dime of pension or severance - wake up for God's sake.
Shocking
Submitted by Bill Kelley on July 28, 2012 - 8:31am.
The gall of his lawyer in saying Hurlburt wouldn't be able to visit the house he owns in Florida, cry me a river!
If a regular person stole money to pay for life saving drugs, he would be jailed. Hurlburt knew what he was doing, had the means to pay for the trinkets he stole, when caught he said the generator was for the Seniors, that alone warrants jail time.
OKAY! THAT'S IT! YOU'RE GROUNDED MISTER. BIG TIME.
Submitted by hav2b on July 28, 2012 - 9:16am.
Quick, someone remove the courts' authority to levy such harsh punishment. This is certain to leave a mark on poor old Hurlburt's wrist.
No, in truth this farcical court decision won't even teach Hurlburt a lesson, let alone work as a deterrent to any other would-be political fraudster.
Law and politics, lawyers and politicians, hm! In a perfect world, brothers and sisters would share such accomodating relationships.
Good ole boys looking after good ole boys
Submitted by No problem here... on July 28, 2012 - 9:10am.
Almost had to barf when I heard of the generator man's deterrent sentence. I always was of the belief that the label pinned on Nova Scotia by those out side of the province as "The Alabama of the north" was some what harsh, but seeing this miscarriage of justice before the eye and ears of this province screams for an appeal by the crown. This should have been the first words out of the mouth of the crown prosecutor, anything less is a dereliction of duty and smells to high heaven of collusion at the highest level. What say you Mr. Landry, ex supremo RCMP member and now the chief cop in the province? Silence is not an option, not when this poor excuse for a public servant is drawing $1000.00 bucks a week M.L.A.'s pension and sitting at home watching TV. I am sure that Dave Wilson wished that he had this judge, if he did he would be at the casino as we speak.
Hurlburt
Submitted by speakouttaxpayers on July 28, 2012 - 9:15am.
If I even THINK of this thief, I get so angry. If this had been a common, on-the-street person who stole an orange from a fruit stand, his punishment would have been mnore severe. This man deserves to PAY for his sins, same as any of us who might steal and defraud others. Have a great rest, sir, watching OUR TV. Shame, shame, shame on you and yours,Hurlburt...... and again, SHAME !
Shame, shame......
Submitted by Tank on July 28, 2012 - 9:28am.
At least his reputation has been ruined and for someone like Hurlburt, that can mean a lot especially if he thought he would be able to sit on boards and take a salary or stipend from them. Problem is, people just like this will justify their crimes to themselves with such a puny sentence and come out the other side being smug. The only other one here who’s actions have been disappointing, in my personal opinion, are those of judge David MacAdam who had a chance to send a very strong message to the ivory towers of power that we the people of Nova Scotia won’t stand for our politicians stealing from us. He had a chance to show we mean business, this sentence wasn’t near strong enough.
No pensions
Submitted by Halifaxguy on July 28, 2012 - 9:52am.
None of these criminals should receive a pension. Trevor Zinck has sought extension after extension so that he would have enough qualifying years for his MLA pension before he gets convicted.
Farce
Submitted by infidel on July 28, 2012 - 9:58am.
This is such a joke. It is a farce.
You only see this kind of sentence in Gangster/Mafia movies from the 1950's.
No wonder the 99% is getting restless.
Won't be long before torches and pitchforks in the streets.
Let's Not Forget
Submitted by bro tim on July 28, 2012 - 10:04am.
those who took advantage and didn't get charged even though they should have.
DISGUSTING
Submitted by bearpaw on July 28, 2012 - 10:41am.
Absolutely disgusting. This JUDGE, should also be put in jail. Was obvious, the people wanted a jail sentence. Who appointed this guy(judge)? This wasn't an uneducated thug, from the downtrodden, who, while drunk, did something stupid. This was/is an educated man, wealthy, in a position of trust and authority, who deliberately planned these thefts, and lied about them, when caught. Yes, he will be getting paid the $1000.00, or so, per week, while supposedly sitting at home. The ones he STOLE from, will be paying him. When I steal $25,000.00, I want the same sentence. No words to describe how disgusted I am.