Mail Fraud at City Hall in Cornwall Ontario? Former Councilor O’Shaughnessy Confirms Envelopes Not Delivered – August 28, 2012

Mail Fraud at City Hall in Cornwall Ontario?  Former Councilor O’Shaughnessy Confirms Envelopes Not Delivered – August 28, 2012
Mayor Kilger addresses about to be former CAO Paul Fitzpatrick

CFN – What’s considered mail and what’s considered mail fraud?

mail

noun

1. letters, packages, etc., that are sent or delivered by meansof the postal system: Storms delayed delivery of the mail.
2. a single collection of such letters, packages, etc., as sent ordelivered: to open one’s mail; to find a bill in the mail; The mail for England was put on the noon plane.
3. Also, mails. the system, usually operated or supervised bythe national government, for sending or delivering letters,packages, etc.; postal system: to buy clothes by mail.
4.a train, boat, etc., as a carrier of postal matter.
5. electronic mail;  e-mail.
And the Canadian definition of Mail Fraud courtesy of Wikipedia:

Canada

Section 380(1) of the Criminal Code of Canada provides the general definition for fraud in Canada:

380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.[1]

In addition to the penalties outlined above, the court can also issue a prohibition order under s. 380.2 (preventing a person from “seeking, obtaining or continuing any employment, or becoming or being a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person”). It can also make a restitution order under s. 380.3.[2]

The Canadian courts have held that the offence consists of two distinct elements:

  • A prohibited act of deceit, falsehood or other fraudulent means. In the absence of deceit or falsehood, the courts will look objectively for a “dishonest act”; and
  • The deprivation must be caused by the prohibited act, and deprivation must relate to property, money, valuable security, or any service.[3]

The Supreme Court of Canada has held that deprivation is satisfied on proof of detriment, prejudice or risk of prejudice; it is not essential that there be actual loss.[4] Deprivation of confidential information, in the nature of a trade secret or copyrighted material that has commercial value, has also been held to fall within the scope of the offence.[5]

So when envelopes were delivered to City Council as is alleged and now confirmed, and not delivered to council how do we define this?  And where does the buck stop?  At Mayor Bob Kilger as he has stated publicly several times?

I spoke with former Cornwall Ontario City Councilor Leslie O’Shaughnessy today and asked him the following questions.

CFN

Are you aware of envelopes sent to  City Hall  around  “December 2010” addressed to you that were not delivered?

Leslie O’Shaughnessy
Yes, as a matter of fact it now my understanding it happened twice from the same individual.
CFN
Could you elaborate more on this issue?
Leslie O’Shaughnessy
Not at this time.
CFN
Did this play a role in your decision to resign at this time.
Leslie O’Shaughnessy
I have no further comment at this time.
The funny thing is that when councilor’s Dupelle and Rivette were asked similar questions on camera for CFN neither denied the “missing letter” issue, but sources deep within the bowels of City Hall suggested that there were at least two rounds of letters sent to council that only were given to those addressed after a city councilor confronted Mayor Kilger who has not responded to this story as of press time.
.
We will be updating this story as more information becomes available.
What do you think Cornwallites?  Should a councilors mail or messages be withheld by the Mayor, CAO or other staff?  Is that Mail Fraud?  Does it serve the tax payers?  Wouldn’t you like to know what was in those letters?
.
You can post your comments below.
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28 Comments on "Mail Fraud at City Hall in Cornwall Ontario? Former Councilor O’Shaughnessy Confirms Envelopes Not Delivered – August 28, 2012"

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Simon
Guest

I send mail addressed individually to councillors along with a “cc” list of other recipients (eg other councillors and the city clerk), but not so much to ensure they get the item but so that they don’t deny being aware of it.

Nugget
Guest

Oh Boy! Can’t wait to see “Jules” take on this one ??

Judy
Guest

I would like to know.

Ed
Member

To be fraud, I think it would have to be done for monetary gain.
I don’t know what the laws are regarding withholding, stealing, or destroying mail. Any lawyers around here?

Mary Anne Pankhurst
Member

What motivates a person to withhold another’s mail; megalomania, disdain, arrogance, disrespect? Maybe it’s an habitual behaviour…to hide things that is.

Dave Windsor
Guest
Perhaps a Full/Outside Inquiry Must be Called by the RCMP If one spouse withheld mail purposely from another, especially regarding health or wealth issues as well as government documents, then definitely one would consider this a domestic mail fraud, yet I believe it is more common among disgruntled spouse’s than we would think. Now then, if mail is deliberately withheld in order to circumvent political standing in upcoming discussions, decision making (votes) etcetera I would take that to be an indictable offense just as one would a prosecutor purposely withholding pertinent documentation to sway his/her case in a court of… Read more »
2 cents
Guest

My common sense tells me if you are paid for delivering a service but intentionally withhold it and conceal your deception, it’s a fraud.

Dave Windsor
Guest

More resignations or firings with major payouts to follow????????

Believe Me
Guest

Leslie O’shaughnessy = This man was the most talented person on City Con . Leslie had the guts to stand up & say what he thought in the interest of the Taxpayers he wasn’t any pushover or follower like most of our Coun appear to be . Information was withheld from him that shouldn’t have been for reasons that are obvious . Leslie was his own man working for & on behalf of the Taxpayers . For that he got shafted . Mayor Kilger should you not hang your head in shame ?

Wow!
Guest

Were they postmarked and stamped?

jules
Guest
I just read this article and I have to read the posts from the people and I am burning like as if someone set fire under my chair. I am so mighty furious as the City of Cornwall’s administration that I feel like flying out of my window 8 floors high and fly over to the mayor and council and slap them around to waken them up. You want to believe that this is mail fraud indeed. There is so much corruption under Kilger and Kilger has to go PRONTO! There is no time to waste get rid of this… Read more »
Tim
Guest

I think it’s more serious than a mail fraud. I see the issue here is not that a postman dumped mail because he was lazy to go his long route. The issue here is that the mail was delivered to city hall by Canada Post, but it was withheld by Mayor (or ordered to withhold) to reach the addresses (councillors).

Ed
Member

I agree Tim, but what is the law regarding the interception of mail after it has been delivered to a corporation by Canada Post? What are the legal requirements re delivering mail within City Hall?

jules
Guest
As if things are not bad enough my husband just came in now telling me about a son of a prominent doctor in Cornwall posing as a lawyer here in Ottawa who isn’t a lawyer and defrauded a couple over $100K. We all know who this doctor is and I want everyone to go on the Ottawa Sun Newspaper PRONTO! You will get your eye full. The more I read the more I want to hide. Cornwall is little Chicago for sure. Cornwall is not big like Chicago and it is a shame. Please folks this post is off topic… Read more »
JaneDoe
Guest

if mail is addressed to an individual whether it be at city hall I would think or anywhere else it is to go to that person not withheld or opened… I have never heard of such a bunch of yahoos running this city… and getting away with it..

Dave Windsor
Guest
I too have felt that Mr. Leslie O’Shaughnessy was one of the most sincere men of integrity and true grit that we had on council. I respect a few more indeed yet he was far and away a man I could trust implicitly. There are so many others that would stab you in the back as quick as tell you they agree with you. Others are nefarious and those over zealous narcissistic ones who take only responsibility for all things done and gone right and absolutely none for anything even if directly their screw up. With so much of the… Read more »
Believe Me
Guest
Dave Windsor = While I do agree that Leslie O’ Shaughnessy would make a very good Mayor for our City , he certainly has the knowledge plus the integrity required and certainly the , experience & above all this man is HONEST & a straight shooter . However I don’t think he’ll run for Mayor . This man has been dealt with by kilger & his flunkies in a very rotten underhanded manner & it has taken a toll on him and his family , The only possible way in my opinion he might consider it would be if some… Read more »
jules
Guest
I don’t trust Kilger any further than I can throw him and boy that wouldn’t be far that is for sure – I don’t think that I could pick him up to throw him. When Mr. O’Shaunessey left council I felt bad and I knew right away that things were getting mighty bad around there. I was in shock what happened to André Rivette and I still am folks. Mr. O’Shaunessey is well qualified to be mayor but like what Believe Me said is that he went through too much to even consider it. Folks out there I want all… Read more »
Bigfellow
Guest

Jules, you’ve said everything right. This mayor,the grey haired council, waiting for their last day on earth, to make it possible to make everybody’s life miserable, make people bide by their terms and keep Cornwall from being a #1 city to live in.
They should be backing the TV station idea, assisting those Cornwall citizens who have good ideas for the improvements to the city, the council should not be of use to their own self preservation.
If they cannot allow themselves to give to the to the people a chance of ideas, they should not be on the council.
Have nice day.

Ed
Member

So, does anyone know the legal ramifications for intercepting and withholding mail from city counselors , or is this story and thread just another fart in a windstorm? Will there be any follow up on this, or will we just get on to the next civic scandal and forget about this one?

Dave Windsor
Guest
The greying of America doesn’t appear to be something new does it. We can recall this story about every last municiple election we’ve ever had since god was a cowboy. The backroom has seen this kind of problem in possibly every political office and many corporate offices as well. The poor guys at the front end of these kinds of issues end up taking the fall. The hard workers take the fall while the wise ass’s create his fall and brown networking gets the screwer the promo, the accolades etcetera, etcetera. You all know this story too. Manipulative management towards… Read more »
CityBS
Guest
Mail is delivered to the city hall, sorted then delivered internally by a city worker to other depts. You can bet a million bucks someone right at City Hall had everything to do with this, who knows she could be retiring soon. Kilger your such a low life coward, how does it make you feel most city employees just hear your name and we feel sick? Here is hoping come election this is one fire your son can’t put out, what would be really nice? when and it will, when everything does come to light maybe your other son will… Read more »
jules
Guest
I want to say something else. Cornwall does have potential but it is people like Kilger and the others around the council table except André and Leslie who make things bad. Believe me my husband walked into our room twice once yesterday and once again today what he read about a certain individual in Cornwall known to all of you about what a member of his own family did and is in mighty hot water (boiling is what I can say) over his actions. I know who this individual was and is involved with and when you read these things… Read more »
jules
Guest
Sorry folks for my posts but I will say something else. Someone at City Hall (a clerk) is responsible to deliver the mail. All incoming and outgoing mail is recorded in a book and then distributed to whoever it belongs to or mailed out to whoever’s name is on the envelope. Both the date and time are recorded. Someone is tampering with the mail for sure. There is usually a mail room like we have here in Ottawa. I have a sneeky suspicion that Kilger put a mark on certain mail to be delayed and also to go to him… Read more »
Luam
Guest

Folks, is Cornwall in Canada or in a some banana republic?

Dave
Guest
You know, the problem with city environment within the politco-sphere is always the same. Initially the new-bee’s are the real go getter workers who spin off the old roosters for direction and guidance. They soon learn that the rule is just one. You scratch my back and I will scratch yours. Networking is and has always been how things get done in such an environment. Like it or not, the grey’s have it made because they know and play the game better than the new-bee’s could ever in one term. Problem is that after two terms or more, Mr. Stale… Read more »
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