Montreal

Lino Zambito avoids jail time for construction corruption

Former construction boss Lino Zambito, a star witness at the Charbonneau inquiry, will not serve any jail time after pleading guilty to charges including fraud and corruption.

Charbonneau commission's star witness, former construction boss to do 240 hours of community service

Lino Zambito pleaded guilty to fraud and conspiracy charges in connection with a kickbacks-for-contracts scheme in Boisbriand in the 2000s. (Thomas Daigle/CBC)

Former construction boss Lino Zambito, a key witness at the Charbonneau inquiry, will not serve any jail time after pleading guilty to charges including fraud and corruption.

​Both the defence and the Crown had asked for no jail time for Zambito, who was a star witness in Quebec's hearings into corruption in the construction industry.

Quebec Court Judge Paul Chevalier complied with the request as he handed down his decision on the sentence today at the Saint-Jérôme courthouse.

The judge went along with the lawyers' recommendation and sentenced Zambito to two years minus a day, to be served in the community, plus 240 hours of community service. He will be on probation for three years.

Zambito ordered to stay at home

Zambito will be under full house arrest for 12 months under the terms of his sentence. Following that, he will be under a curfew and will have to be at home between 10 p.m. to 6 a.m. 

However, Zambito will be permitted to go out to attend to community work, meetings with parole officers, to attend medical appointments and to go grocery shopping once a week. 

Zambito will not be permitted to be in places that serve alcohol, and he will not be permitted to have a cell phone. He has also been given a list of people he is forbidden to have contact with.

Judge critical, yet forgiving

Despite the lenient sentence, Judge Chevalier offered a scathing criticism of Zambito's misdeeds, noting that his crimes were planned, repeated and that he also instigated crimes committed by others. 

The judge said that Zambito's misbehaviour contributed to cynicism towards the system and his defrauding of public funds showed a blatant disregard for democracy.

Chevalier noted that Zambito — who could have been sentenced to up to 10 years in prison — even occasionally resorted to violence. 

But the judge also credited Zambito with acknowledging his guilt and agreeing to testify about collusion in the construction industry, without attempting to bargain for immunity from prosecution. 

The judge noted that Zambito displayed genuine remorse and does not pose a risk of reoffending.

He noted Zambito's personal life had also suffered. He split with his wife and endured stress and other health problems after he and his family were threatened.

The judge also said that Zambito had no prior criminal record and ultimately did not benefit personally,as his company later went bankrupt.

List of misdeeds

Zambito, the former vice-president of the construction firm Infrabec, pleaded guilty to six charges in May:

  • conspiracy to commit breach of trust.
  • municipal corruption.
  • fraud over $5,000.
  • conspiracy to commit fraud over $5,000.
  • intimidation.
  • fraud.

'I just want to go on with my life'

Zambito was arrested in 2011 as part of Opération Marteau, the first major police operation targeting corruption and collusion.

He decided to work with investigators and, over several days, he explained to the Charbonneau commission how a cartel of companies split up contracts in Montreal and Laval.

Earlier this fall, Zambito told reporters outside the courtroom that all he wants to do is move on.

"I just want to go on with my life, take care of kids, do something else and put it behind me," he said.