Former First Nations’ chief found guilty of fraud and breach of trust

By Nigel Maxwell, paNOW

During his term as chief at Fond du Lac First Nation, Napolean Mercredi personally pocketed nearly $280,000 of band money.

The decision by Justice Gary Meschisnick was read Friday morning at Prince Albert Court of Queen’s Bench. Mercredi, 64, was found guilty of fraud, theft over $5,000, and breach of trust. Outside the courthouse, Mercredi appeared calm but frustrated by the decision.

“If I’m convicted the other 12 chiefs (from Prince Albert Grand Council) will be convicted for sure if they ever set foot in this building here,” Mercredi said.

Sentencing submissions have been scheduled for May 22, and a pre-sentence report has been ordered which will include discussion around Mercredi’s ability to pay back any money. Mercredi, who is currently not employed, said he would not object to a restitution order.

“Restitution would make sense. It would sense for me,” he said.

Crown Prosecutor Darren Howarth was pleased with the outcome, and said the case sends a louder message.

“The message that I hope gets out there is if you are a public official, and you are using public funds or band funds, that you use the money responsibly,” he said.

Prosecutor Darren Howarth says jail time is a possibility. @princealbertnow pic.twitter.com/Ua6oOeTb8b

— nigel maxwell (@nigelmaxwell) February 21, 2020

During the trial last October, evidence revealed close to $776,000 was misappropriated during Mercredi’s term. The decision by Justice Meschisnick Friday only reflects money Mercredi personally used in the form of making payments to his own VISA, the purchase of a new truck ($29,500); and was in addition to the money he received for salary and travel expenses.

“I am convinced beyond a reasonable doubt that the accused is guilty of the crime of fraud for having converted to his own use with a dishonest purpose,” Justice Meschisnick wrote in his decision.

Meschisnick however reserved decision whether the remaining funds allegedly paid out to band members for social assistance constituted a breach of trust. Defence lawyer Garth Bendig agreed the evidence presented during the trial did not support that.

“People came to him directly for assistance and he would provide funds to them for that purpose,” he said.

Bendig who confirmed he was “disappointed” by the decision, said he will spend the few months analyzing the 86 page written copy. He added it’s too early to discuss plans to appeal.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell