Jones fraud case delayed until December

As the Conservative government prepares to unveil its plan to toughen existing white-collar crime legislation, the lawyer for an accused Montreal fraudster says he's not worried about the impact it could have on his client.

Federal Justice Minister Rob Nicholson is expected to announce Tuesday he wants mandatory minimum jail sentences for white-collar criminals as well as longer sentences and the confiscation of assets.

Nicholson also said recently the government is planning to change the rule that allows white-collar criminals to get parole after serving just one-sixth of their sentence.

The government's plans were driven in part by the public outcry this summer over the fraud and theft alleged to have been perpetrated by Montreal financial planner Earl Jones.

Jones, 67, has been free on bail since being charged in July with four counts each of fraud and theft in cases involving four people.

His lawyer, Jeffrey Boro, said Monday the Crown has told him

'A case like this usually takes about two years of police investigation, and the newspapers and the journalists expect instant solutions. You know, this is not NCIS' —Lawyer Jeffrey Boro

police have now identified 161 people who allege they were victims of fraud worth a total of about $75 million.

But Boro said any new legislation won't have an impact on his client even if he is convicted of a vast number of charges.

"Because Earl Jones's activities took place before any legislation has been passed, he'll be judged under the old legislation and he will receive a penalty — if there is a penalty to be received — under the old act," Boro said after he and the Crown agreed to put off the case until Dec. 4.

Lawyer waiting for evidence

Quebec provincial police are still investigating the Jones case, but the process will take time.

"A case like this usually takes about two years of police investigation, and the newspapers and the journalists expect instant solutions. You know, this is not NCIS," said Boro, referring to the popular U.S. TV drama.

"With an alleged 161 victims, you don't meet them all on the same day."

Boro said he has not yet received all the evidence on the initial charges and isn't sure when any new ones will be laid against his client.

The veteran Montreal defence lawyer said he couldn't say whether discussions are underway to put an abrupt end to the case.

"We have to examine all the evidence first, and then we'll have to see what we're going to do," Boro said.

But Boro said a recent 13-year sentence handed down to former Norbourg Asset Management chief Vincent Lacroix for fraud-related crimes won't have any bearing.

Boro said Lacroix's crimes, described by a judge as the biggest financial scandal in Canadian history, were a lot more serious than any his client is accused of committing.

Jones is bankrupt and reportedly living off his modest government pensions and has been unable to find a job, according to Boro.

Jones has not had to return to court since a highly publicized appearance in the summer when a contingent of beefy courthouse constables ushered him to a waiting car after his arraignment.

Since then, both he and his financial services company have been declared bankrupt in Quebec Superior Court and he has been turfed from his luxury condo in suburban Montreal.

Creditors waiting

His remaining assets are being sold, but there appears to be very little money for creditors.

Meanwhile, victims are waiting for the process to play out.

"I think people are trying to make do the best they can," said Joey Davis, the son of one of Jones's alleged victims.

"We're putting together a package of proposals to the provincial government which should provide some kind of a relief program — not necessarily monetarily — but at least opening access to different government services and social services."

Jones, who is estranged from his family, has kept a low profile.

His lawyer said not to expect him to appear in court unless he's ready to make some sort of declaration. Jones has not yet entered a plea.

"If my client wants to make a monumental decision, then he'll be here on Dec. 4," Boro said.

"If the case will be continued into next year, then more than likely he won't be here."