South Asian Centre of Windsor is 'shocked' by $360K fraud allegation, lawyer says

A lawyer representing the South Asian Centre of Windsor (SACW) says there's "an element of shock and disappointment" in the community following charges of fraud laid against a former president.

"Every penny matters to a not-for-profit corporation such as the South Asian Centre of Windsor and they're very hopeful that they'll be able to recover that money," said lawyer David Robins of Strosberg Sasso Sutts.

The Windsor Police Service announced Wednesday that Sushil Jain has been charged with defrauding the organization over a 12-year period. 

It is alleged the fraud occurred from September 2011 until June 2023.

"Through their investigation, officers discovered that a total of $362,739 intended for the charity was instead deposited into the suspect's personal bank accounts," Windsor police said in a statement.

Reached for comment on Wednesday, Jain declined to speak with CBC News at that time. The allegations have not been tested in court.

Full co-operation

Following Jain's resignation as president of the SACW in April 2023, Robins says that the board sought the disclosure of bank statements from Jain. 

"They sought an explanation from him and accounting and some co-operation in getting bank statements for accounts that he had opened in the name of the South Asian Centre that the board was unable to get access to," Robins said. "My understanding is when he refused to co-operate, they brought the matter to Windsor police."

The centre has implemented new financial measures, the SACW's current president, Fazle Baki, said in a statement.

"SACW has implemented new financial controls to prevent future misconduct. We are determined to recover the [allegedly] misappropriated funds," Baki said. 

Robins added that the public needs to be reassured through the implementation of financial measures. 

"The South Asian centre relies solely on grant funding, donations and support from their membership," he said. "I think it's important for the public to know that measures were taken by this new board that any alleged improprieties or financial improprieties won't happen again."

Recovering funds

If Jain is convicted, the SACW hopes the Crown will consider a restitution order asking the accused to repay the money allegedly taken, Robins said, "but it would be open to the South Asian Centre of Windsor to consider civil proceedings as well."

While Robins hopes the missing funds won't impact grant funding and support in the long term, the missing funds will impact programs in the near term. 

"These funds would have been received for intended programs and projects that won't be able to go forward," he said.