STEPHENSON: Politicians, not system, to blame for expense fraud
The taxpayers have been fleeced and the rules are to blame.
Nova Scotians have been serenaded with this sorry tune over and over since the MLA expenses scandal broke in February 2010. They heard it again last week as a lawyer told a Nova Scotia Supreme Court judge why disgraced former cabinet minister Richard Hurlburt should not be jailed for $25,000 worth of fraudulent expenses.
It’s worth noting that from the time the scandal broke, Hurlburt took responsibility for his actions — at least to some degree.
The letter of resignation he tendered to Karen Casey, at the time the Tories’ interim party leader, specifically ruled out any excuses that would have spread the blame.
“I would like to emphasize that the decisions to purchase the items in the report were mine and should not in any way be construed as involving my family or staff in either my constituency office, the caucus office or the Speaker’s office,” Hurlburt wrote in February 2010.
Hurlburt was referring to a wide-screen television and a generator. These items were among the high-priced list of MLA expenses that was initially released by auditor general Jacques Lapointe without names attached.
It was only after the ensuing angry backlash from voters that the full information became public.
But it turns out, despite Hurlburt’s contrite letter, that he had not actually purchased the generator he had claimed, but a smaller and much cheaper unit. As for the renovation expenses he claimed for two consecutive years, they were never done.
Outside a Yarmouth courtroom last week, with the details of the fraud laid bare by the Crown, he thanked his family for their love and support, and apologized to the constituents of Yarmouth, who he represented in the legislature, and to all Nova Scotians.
Hurlburt’s sentencing has been put off until July 27.
In court, defence lawyer Stan MacDonald went through a list of reasons why Hurlburt should not receive a custodial sentence, even though former Glace Bay MLA Dave Wilson was sent to jail for nine months in April after pleading guilty to $61,000 in expense fraud.
Wilson’s lawyer had focused on his client’s “pathological gambling addiction” in attempting to secure a lesser sentence. That case involved a system of repeated falsified claims over a number of years.
In Hurlburt’s case, MacDonald said his client had shown remorse and paid back the full amount of his fraudulent expenses. He also noted that Hurlburt had submitted only four false claims and should not be jailed just because Wilson had received a custodial sentence.
Included in MacDonald’s list of mitigating circumstances was mention of the loose expense rules that had been in place at the legislature over the four years covered by Lapointe’s audit.
Good grief, surely the taxpayers are entitled to higher performance expectations than that.
Concerns raised in auditor generals’ reports going back as far as 1984 have illuminated the need to bring greater controls to the system by which MLAs could claim expenses related to their work. There were calls even three decades ago to overhaul the system, but the legislature collectively refused to act.
During the years covered by Lapointe’s audit, one has to wonder whether someone at the Speaker’s Office was asleep at the switch, in terms of bringing attention to such outlandish expenses as a $9,000 generator and a $700 espresso machine. Or was the system so entrenched at that point that such purchases would be approved without a second glance, either by the staff or the elected MLA in charge of the Speaker’s Office?
While the point has been made before, it is also revealing that MLAs from all three political parties were involved in the excessive or inappropriate expenditures.
But targeting the system as an element of justification to explain the abuse of taxpayers’ money is a lame excuse. A public trust has been broken and it’s the people, rather than the system, that are to blame.
Questioning Speaker's Financial Staff Participaction
Submitted by Common Sense on July 10, 2012 - 8:20am.
Bang on Marilla - the Speaker's financial staff played a large role in the fraud - if Lapointe had been allowed to dig deeper, we'd see more crooks facing a judge today - disgusting.
Hurlburt makes me Hurl.
Submitted by shawnino on July 10, 2012 - 8:17am.
"It's not my fault I'm a greedy thief. It's the system's fault."
That there's a lawyer somewhere who passed the bar exam who would allow his client to raise such a defence in court is problematic. The problem isn't the lawyer--the problem is that such a defence might actually gain traction wiuth a soft-on-crime system...reinforciong the point that "it's the system's fault". And so the vicious circle continues.
So this needs to stop, now. Most disappointing to me is that the Crown did not demand a federal sentence for either Hurlburt or Wilson, when it should have: another suggestion the system is broken.
Make an example out of this thief, and put our justice system back on a proper course.
Caught in the Act
Submitted by Woodswise on July 10, 2012 - 8:43am.
It would seem that Hurlburt plead guilty, and admitted to the crime.
There is no doubt that he is sorry that he was caught, while in a position of trust. A long jail sentence would certainly send a clear message to others.
Gluttony is as gluttony does.
Submitted by No problem here... on July 10, 2012 - 8:49am.
Of course, lets blame the rules, rules made up by gluttonous M.L.A's, whose only concern then, and only concern now is how much and how many items can they skim off before being taken to task. One glaring ongoing item is the double dip pension that is still in effect and defended by those very M.L.A's. Mr. Hurlburt is not the only one who should be hanging his head in shame, each and everyone of the elected members past and present should join in with a mass apology and payback of their raid on the treasury of this province. Then again such an event is only carried out by principled persons, none of the afore mentioned fit in this category.
Expense fraud
Submitted by papabear1647 on July 10, 2012 - 8:50am.
It will be interesting to see what Mr Hurlburt's sentence will be,I'm betting on nothing but maybe a few community hours,your average Joe would go to straight to jail,no free pass,but then the average Joe has done nothing important except help pay these thieves salaries.That's our law,everyone is treated equal,now that's the joke of the day.
Deny pensions
Submitted by Halifaxguy on July 10, 2012 - 9:01am.
No one committing a criminal offense is supposed to profit from their crimes. These people should not receive pensions. The biggest farce of all is that Trevor Zinck has been able to delay his trial for so long so that now he qualifies for a pension. Unbelievable.
well...
Submitted by henry gondorf on July 10, 2012 - 9:20am.
Of course he should go to jail ...what is he ..and Austinian Sovereign??? What kind of outfit is government....good grief ...coming with a receipt for a generator..??? I know that all those who write here would laugh for about 15 seconds and then tell Mr. Hulbert to take the generator back where you got it and get back to work and not be so foolish...but he committed fraud and should pay the price...
Among 52 there must be honest people
Submitted by Here on July 10, 2012 - 9:28am.
I know lots of honest people although many will do what is immediately gratifying rather than what is best. It would stand to reason that the legislature has honest people in it as well. So how do we get to this situation? We aren't speaking of the odd impaired driver, or a minister who thinks her government car is a kids toy. We are speaking of inappropriate and sometimes illegal expensing, of charging the taxpayer for whims, as a routine procedure.
I respect Mr. Hurlburt's apology, although I expect he is less remorseful than he is chagrined. I also understand that with the generator at least, in that time period, many people within NS could not cope with the post Juan situation and suspended all judgement.But really that is what the civil servants are paid to do isn't it? Provide advice and sound judgement?
What is the use of having advisors and staff who routinely say "Yes" to everything you submit? The papers aren't deluged with reports of suits by public servants fired for doing their jobs. Yet these claims, these practices, this way of operating was unquestioned?
The people before the courts will answer to the courts and it is probably inappropriate to speculate on the outcome. Mr. Hurlburt is accountable for his decisions and actions in this instance.
But what about the ethics of a workplace that turns a blind eye to theft? Has that changed?
Don't worry papabear...
Submitted by BSacamano on July 10, 2012 - 9:44am.
After Alan Rock and Jean Chretien got worried about the number of people in jail, they made it so not even average Joes had to go anymore. Remember when that dangerous driver killed two sisters at a Dartmouth bus stop and only got house arrest?
Fortunately, many of those wrongheaded moves have been reveresed. Ironically, if Mr. Hurlburt spends any time in jail, it'll probably be because of the Herald's favourite whipping boy: Stephen Harper.
A Moral Failing
Submitted by dennis.cato on July 10, 2012 - 9:59am.
"A public trust has been broken and it's the people, rather than the system, which is to blame." Marilla Stephenson
This is the crux of the issue. It's not the "system" in the narrow sense of expense accounts, it's not even the lack of honesty of particular politicians but rather it's the public trust which has been undermined. In other words it is the "system" but in its larger meaning, one which ought to be based on trust between principled elected representatives and their trusting electorate. The result in cases like this is, at best, a deep suspicion and at worst a pubic contempt for politicians in general.
This is a serious moral failing. It eats at the foundation of our public life. But what is the cause? Are politicians, given the opportunity, naturally venal? Why do politicians enter public life in the first place? What ideals should they have?
Is this a naive question? I don't think so. It seems to me that the possession of such ideals should be mandatory and not seen as some frivolous alternative. Further, any aspiring politician should be required to publicly explain his philosophy in detailed written form, not in terms of airy political boilerplate but rather in terms of his core beliefs. It is only then that the the people, the electorate, can acquire some insight into the person they are dealing with.
After that and with continuous close monitoring of their activities, things like expense accounts will take care of themselves.
Expenced more than he bought for profit.
Submitted by DAvid2222 on July 10, 2012 - 10:29am.
Hurlburt seeks leniency because he paid for the items, but he makes no mention of the fact that the defrauded/STOLE by claiming a much larger expense than the cost of the item, this is the punishable offense and deserves jail time. Not to mention only paying for the items AFTER he got caught is no excuse for leniency. JAIL time please.
Nobody to blame but themselves
Submitted by mact on July 10, 2012 - 10:34am.
If Hurlburt hadn't been caught, he would still have the items and we, the taxpayers, would still be out that much money. He's gone from thief to a player, meaning that he's starting to play the system so he will feel the minimum consequences for his actions. MLAs make a good salary, have a pension plan that most people would kill for, and are reimbursed for legitimate expenses that are incurred. I guess that, this, for them is not enough. They have to connive and scheme over and above that and suck that much more out of the taxpayer. I will not be perturbed in the least if he receives a harsh panalty.
Not The Rules
Submitted by daveburris on July 10, 2012 - 10:53am.
Excellent point, Marilla, "it’s the people, rather than the system, that are to blame..."
Yes, honest people will do right by the taxpayer, irregardless of any rules, or even no rules.
The system and the politicians
Submitted by smullan on July 10, 2012 - 12:28pm.
Both the individual politicians and the system are to blame equally in this mess.
If I remember correctly Darrell Dexter was found to have claimed mileage back from a conference in New Hampshire or Vermont while in actual fact he flew to another meeting in Canada and it was his wife that drove back from the US conference. Sure the claim was corrected after the fact but that isn't the point.
It was all chalked up to a mistake by an aid. Who fills out the expense report when you travel on the road for a company. Surely if you are caught manipulating expense claims in the private sector a simple "My secretary or staff made the error," does not cut it and you're out of a job and perhaps facing criminal charges.
Therefore the person making errors in expense claims has some responsibility but so does a system that allows that type of "mistake" to be explained away without consequence. The public also has to share in the blame. While Richard Hurlburt resigned and moved on I see that in most public opinion polls Premier Dexter is still the favorite choice of most Nova Scotians regardless of any mistakes in filling his own expense claims.
crooked politicians
Submitted by nova_man on July 10, 2012 - 12:59pm.
The article is bang on, Marilla! It was also good to point out that people must realize this involved polticians from all three (and independent) parties.
Not only are we being fleeced
Submitted by bubbie on July 10, 2012 - 1:00pm.
Not only are we being fleeced by dishonest politicians we are being fleeced by every corporation looking for corporate welfare from this province and it starts right at the municipal level. It seems companies like Armco can contribute to counciliors' campaign funds and in return get approval for funding for sewage pipelines to the tune of 2.1 million dollars in Clayton Park West. On top of that we have had the concert scandal, funding for the new convention centre and basketball teams. Provincially we gave a total of five hundred million to NewPage, Bow Water, Ships Start Here and a dying technology firm RIM. In the past we have had Sysco, Devco, Clairtone and many other failed businesses. The people have been told that giving money to businesses who want to come to this province would be good for the economy and good for the people. Well, all i have seen is pensions being cut, taxes going through the roof and government services cut to the bone. The last straw for me was to see health and education cut by $400,000,000.00 and the bulk of it handed over to the wealthiest family in Canada, The irvings who keep their money offshore in order to avoid paying taxes to the Canadian Government. For a province of less then a million people it is no wonder it so deep in debt.