A Surrey man with a gambling problem has been given a nine-month conditional sentence after pleading guilty to a bank fraud.
“It is a jail sentence but it is being served in the community,” Vancouver Provincial Court Judge Joseph Galati told Joseph Marion Legaspi, 36.
Crown prosecutor Sharon Preston Told the judge that Legaspi presented identification and opened an account at a Scotiabank on Burnaby’s Lougheed Highway April 4, 2022.
Two days later, she said, he deposited two cheques — one for $13,682 and another for $29,573.
She said numbers on the cheques are generally those used on government ones.
On May 4, 2022, staff called police when they believed someone using another name was attempting fraud.
When Legaspi was arrested, police found an Ontario driver's licence and an Air Canada identification under a different name.
“He was cooperative with police when he was arrested,” Preston said.
“He has a gambling issue,” she said.
Defence lawyer Ed Cooper added, “It’s a pretty desperate crime. A forged cheque doesn’t work.”
The court heard that Legaspi has earlier served another conditional sentence order, something Galati warned him about as he made the conditional sentence order.
“You could very easily be sentenced to actual jail because of your record,” the judge said.
For the first 10 days of his sentence, Legaspi must not be outside his residence except for curfew times.
Until June 30, he must not be off the property except in emergencies.
Galati also ordered Legaspi not to possess identification or financial cards and documents that are not in his name.
He must also take counselling as directed and is barred from all B.C. Scotiabank outlets.
Remaining charges of using a forged document and dealing with an identity document without lawful excuse were stayed.
