Court Woman gets five months for stealing $24,500 from account of 88-year-old client

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SAINT JOHN - A former TD Canada Trust employee was sentenced to five months in jail Thursday for taking more than $24,000 from the account of an 88-year-old client.

Michelle June Keating, 27, of Westfield Road, was led away quietly by sheriffs while several family members and supporters cried and complained loudly about the sentence outside the courtroom.

Keating was originally charged with taking more than $32,000, but the amount was reduced to $24,500 after police did a more detailed analysis of the victim's bank account.

The money was taken between October 2005 and June 2008, when the victim went to the bank to complain about thousands of missing dollars. He had noticed debit card purchases on his bank statement from stores such as Old Navy, which he had never visited. There were also cash withdrawals using automatic tellers from other banks and unexplained withdrawals from inside the branch.

Keating, who was a financial service representative with the bank, originally denied any involvement with the missing money until confronted with video evidence showing her using a bank card to withdraw money from the account. She admitted making two extra access cards, but at first said they were to replace ones lost by the elderly man.

Keating originally told police she took the money to pay off a strange man who threatened her and her family, but when asked to take a lie detector test she admitted she made up the excuse.

Recently retired Crown prosecutor Stephen Wood appeared to defend Keating at what was scheduled to be a sentencing hearing to determine how much was stolen, but the $24,500 was accepted by both sides before the matter came to court.

Wood told the court Keating wanted to pay restitution to the bank but did not have a job or a repayment plan. The pre-sentence report found no reason for the theft, such as addiction to drugs or gambling. Keating has two children and a husband who is employed. But the report found the family is deeply in debt with very little equity in their home, which they recently refinanced to pay off other debts.

Provincial court Judge Alfred Brien noted that Keating had no criminal record and said a review of similar cases indicated the range could run from a suspended sentence to 18 months in jail.

He reviewed the facts and noted the pre-sentence report indicated she was not remorseful.

"It's as if she has detached herself from reality," he said.

The judge had the option of turning any jail sentence into house arrest, but decided it was not appropriate because of the age of the victim and the lack of remorse shown by Keating.

He also made a stand-alone restitution order in favour of the bank, which has replaced the money taken from its client. The order means the bank can seize assets from Keating to recover the money.