Former United States Secretary of State Will Not Trial Fraud in Case of Toronto Police Officer Who Stole $ 800,000 Estate

A former state employee in Ontario no longer faces charges of fraud related to allegations that she and a Toronto police officer filed a forged will that placed $ 800,000 in his bank account, making him the rightful heir of his inheritance did not deprive.

Judge Enzo Rondinelli ruled this week after a preliminary hearing that there was not enough evidence to order Adellene Balgobin, 34, to stand trial in the Supreme Court on fraud charges related to the estate of Heinz Sommerfeld, who is in a long-term care home. died in Mississauga. on June 19, 2017, at the age of 77.

While the dismissal means that Balgobin is essentially acquitted of two fraud charges, the Crown can still appeal. Balgobin also still faces a breach of trust that was not tested during a preliminary investigation due to the nature of the offense.

At the time of Sommerfeld’s death, Balgobin was a senior client representative at the Office of the Public Guardian and Trustee (OPGT.). She was in charge of his affairs while he lived.

The OPGT is a government agency in Ontario that manages the finances of more than 12,000 people who do not have the mental capacity to do it themselves. This office also administers the estates of some Ontarians who die without a valid will and without next of kin living in the province.

The judge did find there was ample evidence that the Toronto police art. Robert Konashewych, 38, could face charges of fraud. After Sommerfeld’s death, Konashewych came forward with a document purporting to be Sommerfeld’s last will and testament, citing the officer as the sole beneficiary and executor of the estate.

The allegations against Konashewych have not been proven. In an email to the Star, his lawyer Peter Brauti said his client “denies the allegations and the case will proceed after a trial.”

The Star could not report the details of Konaschewych’s preliminary hearing due to a routine publication ban.

The Toronto Police Department and prosecutors allege that the will is not legal and that Sommerfeld died “intestate,” meaning he left no instructions on how to divide his property. When that happens, Ontario’s Inheritance Reform Act spells out how the estate is divided.

Because Sommerfeld had no surviving parents – not even any children – the police and the Crown say the money he left behind must have gone to a half-brother, Peter Stelter, who lives in central Ontario’s cottage.

Stelter, who is in his mid-70s, did not respond to a request for comment, but previously he and his wife told the Star the matter was disturbing. He and Sommerfeld, who worked for the transportation department in Ontario, had the same mother; from last autumn he had not taken any money from the estate.

Before Sommerfeld’s death, Balgobin was romantically involved with Konashewych for several years while in a joint relationship with another woman.

Konashewych, 38, who still remains on paid suspension by Toronto police, is also charged with attempting to obstruct the court.

The Ministry of Attorney General, which oversees the OPGT, called what happened on the Sommerfeld estate an “isolated incident”.

However, an Auditor-General’s report of 2018 found that the OPGT was not fulfilling its mandate to protect the financial interests of the mentally incompetent adults under its guardianship.

The auditors concluded “there is a risk that clients’ assets may be lost or misused due to poor internal controls.” The OPGT also did not have “effective internal controls” to distribute assets to heirs.

The OPGT has 289 outstanding estate files worth at least 10 years since the date of death or older, valued at $ 30 million.

The 2018 audit also found that staff are not trained to detect fraudulent documents offered by those who pretend to be an estate heir.

“The potential exists for individuals with criminal backgrounds to try to misappropriate client funds,” the auditor’s report reads.

In response to Star inquiries, Attorney General Brian Gray wrote in an email that the OPGT had implemented the Auditor – General’s recommended staff training to prevent fraudulent estate payments to use.

Attorney Suzana Popovic-Montag, who has nothing to do with the case, says while it is important to hold the OPGT accountable, she finds it difficult to be too critical about the office.

“The reality is that this could have happened to any lawyer,” said Popovic-Montag, managing partner at a Toronto estate litigation firm. “When someone comes to us with a will and says: ‘Hey, I’m the said executor, I want to administer this estate and I want to apply for probate, help me,’ she says.

“That office is busy, like any government office they have few staff and there is just no real way to protect against all possible loss and mismanagement. Like anyone else, they balance volume with efficiency. ”

Regarding the issuance of a check for more than $ 800,000 for an alleged false will, Popvic-Montag adds: “but for the grace of God, many lawyers go.”

Balgobin’s lawyer, Julianna Greenspan, did not respond to a request for comment.