Amended tickets: Former Toronto clerk pleads guilty

In a hearing before judge alone in the Superior Court of Justice, Francesco Rizzello pleaded guilty to one count of fraud over $5,000. He changed more than 100 records while working at the Eglinton Avenue West courthouse in 2018.

According to an agreed statement of facts, Rizzello accepted at least $7,000 in cash payments from a paralegal to change convictions to acquittals or dismissals, which allowed the paralegal to tell his clients that they had won the contesting their violation.

The court heard that the paralegal did not notify his client of the trial date, meaning no one from the defense showed up to challenge the ticket in front of a justice of the peace. Usually the judge convicts the client in absentiaa typical outcome when an accused does not show up for a court date.

Rizzello would then amend the record to indicate that the charge was withdrawn or dismissed, or that the accused was acquitted. He received $50 each time he did so, according to the statement of facts.

The charges all related to traffic offenses including reckless driving, distracted driving and speeding. The scheme cost the City of Toronto about $15,000 in fines and thousands of dollars in other expenses related to its internal investigation, the court heard. The investigation began in April 2018.

The Crown asks for two years in prison

Rizzello was fired by the City in November 2018. The Crown is seeking a two-year jail term, while his defense has requested a two-year suspended sentence to be served in the community.

According to the statement of facts, Rizzello struggled with gambling addiction and substance abuse disorder. He took time off in 2016 and 2017 to undergo a rehabilitation program, which left him with considerable debt.

A sentencing hearing is scheduled for September 7, 2022.

All of the people whose convictions were fraudulently changed have since been notified, the court heard. New court dates have been or will be set for people who choose to dispute the tickets.

The paralegal named in the statement of facts read in court on Wednesday is Benito Zappia. He owned a practice called We Win or It’s Free (We win or it’s free) and charged clients high fees promising they would be off the hook.

A total of four paralegals, including Zappia, were initially charged in May 2019 for their alleged role in the scheme. Charges against all but Zappia were eventually dropped.

Zappia’s trial is scheduled for January 2023.