THUNDER BAY - A local man who pleaded guilty to defrauding a vulnerable senior out of $45,000 has been sentenced to two years in custody.
Miroslav Vnucko, 58, appeared before Justice Danalyn MacKinnon in a Thunder Bay Courtroom on Monday where he pleaded guilty to one count of fraud under $5,000, one count of fraud exceeding $5,000, theft exceeding $5,000, breaking and entering, and several vehicle-related charges.
According to an agreed statement of facts, the first fraud charge took place between November 2015 and October 2016 when Vnucko was collecting benefits from the Thunder Bay District Social Service Administration Board while employed.
Vnucko would not have been eligible for benefits due to his level of income and he failed to declare his earnings in the amount of $13,000.
The other fraud charges took place between November 2018 and February 2019. In December 2019, an officer in the senior crime’s division with the Thunder Bay Police Service was notified by a case worker in the Office of the Public Guardian and Trustee of suspicious activity involving a senior.
The 69-year-old man was non-verbal and bed ridden with no family connections. The investigation revealed unauthorized use of the man’s credit and debit card for more than $25,000 in cash advances and more than $10,000 worth of purchases.
A second debit card was also used to withdraw funds of more than $10,450.
Vnucko was also present in the senior’s residence and was told to vacate in July 2019 but a case worker returned in September to find a window broken Vnucko still in the residence.
Vnucko was also charged with several vehicle-related offences on Aug. 21, 2019. Police were dispatched to a Memorial Avenue store in the afternoon after receiving reports of a possible stolen vehicle.
Police located the vehicle being driven by Vnucko and attempted to conduct a traffic stop. After initially stopping, Vnucko sped away in reverse and exited the parking lot at approximately 80 km/h. Police did not pursue due concerns for public safety.
It was later learned that the vehicle had stolen licence plates from a business where Vnucko was previously employed. He was also prohibited from operating a motor vehicle based on previous court prohibitions.
Vnucko was charged with failing to stop for police, possession of stolen property exceeding $5,000, operating a vehicle while prohibited from doing so, and dangerous driving.
Defense counsel Robert Habjan told the court that Vnucko has struggled with substance abuse issues since his spouse was murdered while residing in Manitoba in 2001.
Vnucko has maintained sobriety since February 2020 and Habjan said he is eager to continue substance abuse programming and volunteering.
The proposed sentence of two years to be followed by three years probation was part of a joint submission by the defense and Crown attorney Rob Kozak.
Justice MacKinnon agreed with the joint submission and said Vnucko’s pleas of guilt were a mitigating factor.
However, Justice MacKinnon also said Vnucko victimized a vulnerable person and engaged in deceptive crimes.
“Particularly the vulnerability of your victim has to be kept in mind for denunciation of your crimes,” she said.
“These are the types of crimes that call for denunciation so the court makes sure a sentence not only tries to deter you from committing similar offences again but also is going to let the public know that these crimes are taken seriously and others should be dissuaded from committing similar crimes by the sentence you are about to receive.”
Justice MacKinnon agreed the crimes deserve a jail sentence but added she hopes Vnucko will continue on a positive path upon his release.
“I think you are making the right steps toward rehabilitating yourself and changing your life and I hope that continues,” she said.
In addition to the two-year sentence and three years probation, Vnucko is also subject to a restitution order to repay $38,611 for the stolen credit card, $10,450 for a second stolen card, and $2,412 to be repaid to the TBDSSAB.
During the three-year probation period, Vnucko is to have no contact with the victim and is to undergo substance abuse counselling. Vnucko also received a five-year driving prohibition
