LCBO sues former staff for $2M for alleged fraud scheme

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The Liquor Control Board of Ontario has launched a $2-million lawsuit
against a former employee, claiming he targeted the provincial alcohol
retailer in a long-running theft and fraud scheme.

Francois Agostini allegedly worked with a small ring of accomplices to
divert funds and liquor while heading up the LCBO’s diplomatic sales
program, which allows diplomats to save up to 40% in taxes and duties. The
ring allegedly continued unchecked for years until Mr. Agostini’s dismissal
in January.

The lawsuit claims that Mr. Agostini’s friend, bouncy-castle operator Andrea
Smallwood, posed as a Ukrainian diplomat to help facilitate the scheme — an
accusation her lawyer fiercely contests.

“Ms. Smallwood believed he was simply passing on an employee discount,”
lawyer Lenny Hochberg said in a written statement, noting his client, who
also borrowed tens of thousands of dollars from Mr. Agostini, had no
knowledge of the alleged “colossal fraud.”

Though Ms. Smallwood signed documents provided by Mr. Agostini when she
picked up the alcohol, he said, she did not review them in detail.

“What is particularly troubling is that rather than the LCBO taking any
responsibility for failing to have the proper systems in place … they are
looking to make Ms. Smallwood a scapegoat,” Mr. Hochberg said, noting his
client’s profit margin on the excess booze she sold to her friends “was
minimal, and can be calculated in the hundreds.”

No one from the LCBO was available for an interview Monday, and none of the
agency’s allegations have been proven in court. Mr. Agostini’s lawyer,
Alfred Herman, declined to comment, saying he had not yet received a copy of
the statement of claim.

“I can’t defend something if I don’t know what they’re claiming,” he said
tersely before hanging up the phone.

The LCBO — which has since revamped its policies around diplomatic sales —
estimates that between 2005 and 2011, about $1.6-million of alcohol was
shipped to and released from its Toronto warehouse, but the proceeds
disappeared. The agency was reportedly seeking to seize assets from those
involved in the alleged scam, including Ms. Smallwood’s trailer and her
bouncy-castle business.

Peers and colleagues of Mr. Agostini and Ms. Smallwood were reportedly
baffled by their expensive lifestyles; a tip from one of those individuals,
a neighbour at Ms. Smallwood’s trailer park, prompted the LCBO to
investigate.

Ontario Provincial Police were also enlisted to probe the alleged fraud.

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