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Man has record of 71 fraud charges Offender deemed beyond rehabilitation in sentencing Continued from page 1 9 · Wednesday, February 1, 2012 OAKVILLE BEAVER · www.insideHALTON.com power of attorney to place a $65,000 mortgage against her property. These actions, which Baldwin called a despicable breach of trust in her judgment statement, would have a devastating impact on Feliksa. "According to the statement she provided to the police on Sept. 17, 2009, she had significant monies in her bank account (over $1 million); she had a car and credit cards," said Baldwin in her judgment. "Due to the actions of the offender, she no longer has a car because he took it. She has no money in her bank account because he took it. She has no credit cards because he took them. Baldwin noted in her reasons, "As of Sept. 12, 2011, Mrs. Kaziuk was evicted from her Oakville condo because of the fraudulent mortgages put on her properties without her consent or knowledge. The banks have seized her condominium units. She has lost everything. Mrs. Kaziuk now resides in the Lighthouse shelter in Oakville -- a residence for homeless people run by the Salvation Army." Discussing the impact on the victim, Baldwin, in her reasons, noted Feliksa came to Canada from Poland after the Second World War, accumulating some wealth through hard work and real estate purchases along with her husband, John. According to the judgment, the couple adopted Roman Kaziuk, their only child, when he was four years old. Feliksa's husband John died in 1999 at which point she owned two mortgage-free condos in Oakville and a mortgage-free residence in Miami. Det. Constable Traci Smith testified to visiting Feliska at the Lighthouse shelter. According to Smith, residents are allowed only two small bags of personal items and the menu there does not accommodate her Type 2 diabetes, said the court document. Smith testified that Feliksa told her during the visit that some of her clothing was stolen at the shelter. However, when a police officer, there to interview her, offered to intervene, Feliksa told the officer that whoever stole the clothing `must have needed her clothes more than she does -- so please leave it alone'. "She has nothing anymore," said Det. Const. Jeff Springstead, who investigated the case. "He (Roman) was directly responsible for driving his mother to being literally penniless." The mortgage scam wouldn't be the last time Kaziuk used his mother to fraudulently acquire funds for his own use. Baldwin, in her judgment, also noted an incident in February 2009 when Kaziuk told his former lawyer, Peter McPhie, his mother had died and that he needed money to pay for her burial. "Roman was clearly shaken and I felt for him and he said, `You know my situation, Peter. I'm stuck in terms of I don't have, you know, money, I need to bury my mother. Can you help me out?'" McPhie testified at trial. "He had provided me with a copy of her will so "I do not need a psychiatric report to conclude that this offender has the characteristics of a psychopath. The offender is incapable of feeling empathy and has no conscience. He has devastated everyone around him." Ontario Court Justice Lesley Baldwin in her Ontario Court of Justice judgment I could see Roman was sole executor, he's the sole beneficiary and so he said, `Obviously, I can take care of your loan, you know.'" McPhie loaned Kaziuk $20,000, which was not repaid. No charges were brought forward from this incident. However, in her reasons, Baldwin stated the allegations were proven beyond a reasonable doubt and, as such, would be taken into consideration on sentencing. Baldwin also took Kaziuk's lengthy criminal record into consideration, noting it featured 69 convictions for crimes, including circulating forged documents, fraud over $5,000, theft over $5,000, possession of forgery equipment, larceny, fraudulent use of credit card data and more. In her ruling, Baldwin noted Kaziuk had previously served jail time in several U.S. states, including Colorado, Florida and Texas. "Obviously, corporate type frauds (OHIP, banks, businesses, customers) cannot compare to one's mother," said Baldwin in her report. "Not even the notorious fraudster Bernie Madoff was guilty of destroying his own mother as Mr. Kaziuk has repeatedly done." "I do not need a psychiatric report to conclude that this offender has the characteristics of a psychopath," said Baldwin in her judgment. "The offender is incapable of feeling empathy and has no conscience. He has devastated everyone around him." Kaziuk said he is not responsible for the situation his mother is now in and had enjoyed a great relationship with his adoptive parents who, he said, treated him as though he were their own. Feliksa, according to the judgment, said she has no idea what her son could have done with the money he stole from her, but said at one point gambling may be an issue. After looking at the offences, Kaziuk's criminal record, lack of rehabilitation from previous convictions, the impossibility of restitution and the need to protect the community, Baldwin imposed a sentence of 10 years in prison for the crimes of fraud over $5,000 and theft over $5,000. "In jail, this offender will be better off physically than his own mother," stated Baldwin. "He will be sheltered, fed regularly, and kept warm." Springstead said he was very surprised by the length of sentence Kaziuk received, calling it unheard of for someone to go to prison that long for a theft over $5,000 charge. He singled out Crown Attorney Arish Khoorshed for his work during the trial and said while the investigation was a long and difficult one, credit for Baldwin handing down such a sentence rests largely with the defendant. "It wasn't necessarily the work that (Det. Const. Traci Smith) or I did, it was just him (Roman) with his criminal history," he said. Through Springstead's efforts, the elderly support service, Links, is now involved in Feliksa's care and a recommendation has been made that the local Community Care and Access Centre (CCAC) also become involved. "In jail, this offender will be better off physically than his own mother. He will be sheltered, fed regularly, and kept warm." Ontario Court Justice Lesley Baldwin in her Ontario Court of Justice judgment BUSINESS OWNERS TAX PREPARATION SERVICES Wouldn't You Like To Know That You Are Paying The Minimum Amount Of Income Tax Possible? 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