4 years in prison for former Squamish Nation councillor whose fraud drained $855K from fund for most needy

Scales of justice. (Shutterstock)

A former councillor of the Squamish Nation has been sentenced to four years in prison for defrauding the nation of more than $855,000 that was meant to help its "most needy members."

The sentence was handed down in provincial court in North Vancouver earlier this month, and the decision posted online this week.

Krisandra Jacobs, who is a member of the nation, was found guilty of fraud over $5,000 in November of 2021. The fraud was carried out over a three-year period between 2011 and 2014, when Jacobs was employed as a high-level department head and serving as an elected official.

THE FRAUD 

In her reasons for sentencing, Justice Lyndsay Smith explained that Jacobs' position allowed her to unilaterally requisition cheques from the band's Emergency Fund. That fund, the court heard, was for "a source of money viewed as a 'last resort,' intended for and available to the most needy of the nation – to cover rent; hydro; to help elders with expenses; to cover the costs of funerals."

Jacobs was found to have requisitioned 422 separate cheques, totalling $856,695.23.

"When asked to provide details about the purported recipients of the monies she received, she refused to provide these details, concocting a story that the fund recipients sought confidentiality," Smith wrote.

The fraud was uncovered after the band council ordered an audit, which triggered a police investigation and criminal charges.

THE IMPACT

As part of the sentencing hearing, the court heard a victim impact statement delivered on behalf of the Squamish Nation that outlined the impact on the community – both financial and otherwise – and emphasized the need to prevent others from committing similar crimes.

"The statement describes Ms. Jacobs’ fraud as having lasting impact on the internal workings of the nation and, as well, describes the financial impacts arising from the offence: the many thousands of dollars no longer available to a program dedicated to help the nation’s most vulnerable members – the homeless, the marginalized, the addicted, as well as the elderly," the decision reads.

The audit and investigation, the statement said, cost an additional $335,000.

In addition, the crimes caused distress and division within the community and undermined its shared values "which include community, collectivity, teaching and respect."

Jacobs, according to the nation, was paid "handsomely" for her role, occupied a position of trust and lived in secured on-reserve housing.

"She was in a positon of power and privilege and took advantage of that to steal from her own people, funds that were meant to protect their most vulnerable," the court heard.

"The nation seeks a deterrent sentence, stating that it requires protection from future frauds, as do other First Nation communities."

THE SENTENCE

Jacobs' lawyer argued for a sentence of two years in prison, in part saying that the fraud was perpetrated due to an underlying gambling disorder. However, the judge found there was not enough evidence to support this claim. Further, the decision noted the crimes were not motivated by poverty or desperation.

In sentencing Jacobs to four years, Smith outlined a number of aggravating factors, describing the fraud as "brazen and flagrant in the extreme," and emphasizing that the actions were both planned and repeated.

"After the first fraudulent act, Ms. Jacobs had 421 opportunities to reflect on what she had done and not do it again," Smith wrote.

The judge also noted that Jacobs is likely to return to her home in the community after serving her sentence.

"It is this court’s respectful hope that the Squamish Nation will, upon Ms. Jacobs’ release from prison, accept her back into its community, accepting that she has been punished for this crime."