A Sergeant at 8-Wing CFB Trenton has been fined $1,200 for committing a fraudulent act.
Sgt. Shaun Garnett, 40 pleaded guilty to the charge of a fraudulent act at a court martial held at the base on Tuesday. Two other charges of fraud and forgery were withdrawn by prosecutor Major R. Gallant at the beginning of the proceedings.
Faced with a ‘complicated financial situation and the threat of eviction,’ Garnett forged two rent receipts each totalling $900 and submitted them to the Department of National Defense for reimbursement in Nov. and Dec. 2021, court heard.
When the receipts were identified as fraudulent, Garnett apologized to all of the parties involved prior to the launch of a formal investigation.
“This was far from a skilled and well planned scheme,” said Lt.-Col. Andreas Bolik, Garnett’s defence counsel. “This was an act of desperation due to Sgt. Garnett’s circumstances at the time.”
He argued his client was ‘trying to get ahead of the power curve’ so that he wouldn’t become homeless.
“It’s not an excuse but he wasn’t doing it to get rich or swindle someone,” said Lt.-Col. Bolik. “He was trying to get out of a situation.”
Garnett, a Refrigeration and Mechanical Systems Technician, joined the Canadian Armed Forces in 2008. He is currently on medical employment limitations for physical injuries related to working with aircraft arresting gear.
Following the completion of his training he was deployed in various technical duties especially aircraft arresting systems engineering support throughout operational air force units from 2016 to 2020.
Being tasked extensively in support of operations away from his home in British Columbia put ‘extensive strain on him and his family,’ court heard.
Garnett ‘did not fully realize the toll the stress was taking on him as he was fully focused on the mission,’ Military Judge Commander Martin Pelletier acknowledged.
Garnett was posted to CFB Trenton on imposed restrictions in Sept. 2020 which entitled him to receive deposits from the base cashier at CFB Trenton for rental accommodations in exchange for proof of payment of rent.
He was still responsible for the majority of the family expenses in British Columbia and awaiting for a CFB Trenton claims cell to be finalized for numerous claims totalling approximately $11,400 – $5,000 of that total was on a government credit card with the balance ‘out of his own pocket.’
“It’s not my role to establish responsibility for that although I know that the administrative requirements which must be met before payments are authorized and made to CAF members are often numerous and time consuming,” Pelletier stated. “There are resources available however it seems in this case that Sgt. Garnett did not have the confidence to ask for assistance.”
In handing down his sentencing, Pelletier recognized Garnett’s circumstances and the fact that he ‘accepted full responsibility’; however, the judge said ‘he should have had a conversation with his Chain of Command’ about his situation.
CAF members ‘are required to act with the utmost honesty in relation to their duties and the benefits associated with their military service.’ Pelletier explained.
He said the offence recognizes the need for authorities to protect the integrity of the benefits system in the Canadian Armed Forces.
He called Garnett’s conduct ‘an act of dishonesty and deception.’
“Such behaviour constitutes a breach of the trust that must accompany the relationship between a military member who is the recipient of special benefits such as entitlement to IR payments and the personnel supporting the process leading to payments being made,” he said. “As an experienced member of the military in a supervising rank of sergeant, the offender should have known better as he acknowledged.”
As a decorated military member, Pelletier said Garnett’s ‘conduct was out of character for him.’
“You served the CAF satisfactorily for close to 16 years in often challenging environments at a significant personal cost,” Pelletier said. “He has made a significant contribution to the defense of this country.”
The sentence met the objective of denunciation and deterrence without having a lasting effect on the Garnett’s rehabilitation, Pelletier continued.
“I hope you have learned lessons from this experience with the court and the justice system,” he said. “It’s a lesson that’s as relevant in civilian life as military life. I believe you should reflect on what you have gone through and conclude that you do not wish to place yourself in a similar situation again.”
