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http://www.royalgazette.com/rg/Article/article.jsp?articleId=7da392b30030003§ionId=60
Canadian manager imprisoned for stealing charity prizes
By Mikaela Ian Pearman
Marc Paul Breithaup
A Canadian national who stole almost $150,000 worth of prizes from a distribution company was sentenced to 18 months behind bars.
Marc Paul Breithaupt was employed at BGA (Bermuda General Agency) as manager of the Proctor and Gamble line of products and was in charge of running the company's promotions and prize giveaways.
He pleaded guilty at an earlier hearing to eight counts of theft Cartier bracelets worth $8,330, diamond earrings worth $13,000, a $5,200 motorcycle, a $5,919 Vespa GTS 125 motorcycle, a $5,000 C Travel gift certificate, a $2,000 CableVision gift certificate, a $1,000 Cycle Care gift certificate and golf vouchers worth $4,000. The items were allocated for promotional draws and raffles.
In Magistrates' Court yesterday, Crown counsel Larissa Burgess said the only mitigating factors were the defendant's early guilty plea, his effort to pay back the funds and his previous good character.
The 37-year-old expat was caught out after CEO John Tomlinson discovered a motorcycle had been licensed and insured prior to being entered into a competition.
He asked for an audit of promotions over the course of the year and when Breithaupt produced the list, he admitted stealing $46,707 worth of prizes.
The father-of-one promised to refund the money, but then left the Island with his wife and child.
In January, he returned voluntarily and produced another spreadsheet for the company, detailing $149,652 worth of stolen goods.
During her sentencing submission, Ms Burgess said some of the theft goes back to 2005 when Breithaupt started taking small items such as gift certificates.
Ms Burgess said when the thefts went unnoticed he began to take larger, more valuable items.
"I would like to remind the court that Mr. Breithaupt did leave the Island when he was called out in relation to these offences to live in Canada. He only returned because his father convinced him to come back to face the music. He was a manager in a position of trust, a trust which he broke in a big way."
Ms Burgess acknowledged that the defendant has paid back $110,000 to BGA but still suggested a range of three to four years' imprisonment.
Defence lawyer Stephen Notman said his client was anxious to go back to Canada to support his wife and two-year-old daughter and pay back the remaining money to BGA. He produced a letter by Mr. Tomlinson which said Breithaupt was a good employee and said they had come up with a payment plan for the remainder of the funds.
"The Social Inquiry Report recommends a non-custodial sentence," Mr. Notman said. "Mr. Tomlinson had suggested that the court show leniency. He describes Mr. Breithaupt as somebody who has been contrite and has shown remorse. Any custodial sentence at worst should be suspended. We shouldn't put Mr. Breithaupt in prison just because he's a non-Bermudian."
However Magistrate Khamisi Tokunbo said a non-custodial sentence wouldn't be beneficial because Breithaupt does not work or live in Bermuda.
Before sentencing, the defendant said: "I would just like to apologise. I used to think that my actions weren't hurting anybody, I was just taking prizes. But I was wrong and I hurt so many people. I left my wife without a husband and my two-year-old without a father.
"I have used all of our life savings and put us in $20,000 debt trying to make restitution. I have hurt my former employers.
"I have also hurt the people of Bermuda for using their hard-earned money for the promotions that I ran. I only wish to return to work as soon as possible so that I can pay restitution. So I beg your worship for mercy."
Breithaupt was sentenced to 18 months for each count to run concurrently. Twelve months of the sentence was suspended for two years meaning he will spend six months in prison.
Time spent in custody was taken into consideration.
Canadian manager imprisoned for stealing charity prizes
By Mikaela Ian Pearman
Marc Paul Breithaup
A Canadian national who stole almost $150,000 worth of prizes from a distribution company was sentenced to 18 months behind bars.
Marc Paul Breithaupt was employed at BGA (Bermuda General Agency) as manager of the Proctor and Gamble line of products and was in charge of running the company's promotions and prize giveaways.
He pleaded guilty at an earlier hearing to eight counts of theft Cartier bracelets worth $8,330, diamond earrings worth $13,000, a $5,200 motorcycle, a $5,919 Vespa GTS 125 motorcycle, a $5,000 C Travel gift certificate, a $2,000 CableVision gift certificate, a $1,000 Cycle Care gift certificate and golf vouchers worth $4,000. The items were allocated for promotional draws and raffles.
In Magistrates' Court yesterday, Crown counsel Larissa Burgess said the only mitigating factors were the defendant's early guilty plea, his effort to pay back the funds and his previous good character.
The 37-year-old expat was caught out after CEO John Tomlinson discovered a motorcycle had been licensed and insured prior to being entered into a competition.
He asked for an audit of promotions over the course of the year and when Breithaupt produced the list, he admitted stealing $46,707 worth of prizes.
The father-of-one promised to refund the money, but then left the Island with his wife and child.
In January, he returned voluntarily and produced another spreadsheet for the company, detailing $149,652 worth of stolen goods.
During her sentencing submission, Ms Burgess said some of the theft goes back to 2005 when Breithaupt started taking small items such as gift certificates.
Ms Burgess said when the thefts went unnoticed he began to take larger, more valuable items.
"I would like to remind the court that Mr. Breithaupt did leave the Island when he was called out in relation to these offences to live in Canada. He only returned because his father convinced him to come back to face the music. He was a manager in a position of trust, a trust which he broke in a big way."
Ms Burgess acknowledged that the defendant has paid back $110,000 to BGA but still suggested a range of three to four years' imprisonment.
Defence lawyer Stephen Notman said his client was anxious to go back to Canada to support his wife and two-year-old daughter and pay back the remaining money to BGA. He produced a letter by Mr. Tomlinson which said Breithaupt was a good employee and said they had come up with a payment plan for the remainder of the funds.
"The Social Inquiry Report recommends a non-custodial sentence," Mr. Notman said. "Mr. Tomlinson had suggested that the court show leniency. He describes Mr. Breithaupt as somebody who has been contrite and has shown remorse. Any custodial sentence at worst should be suspended. We shouldn't put Mr. Breithaupt in prison just because he's a non-Bermudian."
However Magistrate Khamisi Tokunbo said a non-custodial sentence wouldn't be beneficial because Breithaupt does not work or live in Bermuda.
Before sentencing, the defendant said: "I would just like to apologise. I used to think that my actions weren't hurting anybody, I was just taking prizes. But I was wrong and I hurt so many people. I left my wife without a husband and my two-year-old without a father.
"I have used all of our life savings and put us in $20,000 debt trying to make restitution. I have hurt my former employers.
"I have also hurt the people of Bermuda for using their hard-earned money for the promotions that I ran. I only wish to return to work as soon as possible so that I can pay restitution. So I beg your worship for mercy."
Breithaupt was sentenced to 18 months for each count to run concurrently. Twelve months of the sentence was suspended for two years meaning he will spend six months in prison.
Time spent in custody was taken into consideration.
