Two former York executives have had their fraud charges dropped after a phony invoice scheme that billed York for over $1.2 million. Despite the charges being dropped, they are still facing a civil action suit from York.
Michael Markicevic and Phil Brown, two former York employees, have been acquitted of all criminal charges of fraud against the university.
The criminal charges of fraud were dismissed on May 1 by Assistant Crown Robert Wright on accounts of the poor credibility of key witnesses.
According to the Toronto Star, Wright announced in court that the prosecution had set aside charges against Markicevic and Brown and said that while the police had reasonable grounds to lay the charges, there is no reasonable prospect of conviction at this stage of the matter.
Both Brown and Markicevic were charged by police for their alleged involvement in a phony invoice scheme that billed York for more than $1.2 million between May 2007 and April 2010.
While employed at York, Markicevic worked as an assistant vice-president and Brown as director of maintenance.
Although the criminal charges were dropped against both former employees, they are still facing a civil action suit by the university.
Joanne Rider of York media says the university was disappointed in the Crown’s decision to dismiss the criminal charges against Markicevic and Brown.
“We do have substantial evidence in the fraud case, and we are still pursuing a civil action case including the civil action against Markicevic and Brown,” says Rider.
“Markicevic had already tried unsuccessfully to try to have the civil case against him dismissed.”
According to an interview done by the Toronto Star, when asked about the Crown’s decision, Markicevic expressed relief over the crown’s decision. In the same interivew, Markicevic said that as a result of York firing him, his reputation has been damaged, he’s having a hard time finding a new job, and that this situation has cost his family about $800,000 in legal costs to date.
Markecevic said to the Toronto Star that he is depicted by York as being the mastermind behind the entire fraud invoice scheme, with the university filling the civil action suit in early 2012 before the police criminal charges.
“I’m not able discuss specifics relating to an individual’s case when it comes to an agreement made with the university, but we are making an effort through the civil action suit to recover the funds that were defrauded by Markicevic,” says Rider.
