Former MLA Carl Benito fined $75,000 for immigration fraud

A former Progressive Conservative Edmonton MLA has been sentenced to two years of house arrest for immigration fraud.

Carl Benito, 68, will also have to pay a $75,000 fine over the two years. Following the conditional sentence order, he'll be on probation for another two years and must perform 100 hours of community service.

Benito's 28-year-old son, Charles, was also sentenced in Court of King's Bench late Friday afternoon.

The full-time NAIT student will serve nine months of house arrest. He'll be allowed to continue attending classes during that time. That sentence will be followed by 18 months of probation and an order to perform 100 hours of community service.

Both men pleaded guilty on Oct.5 to employing eight illegal foreign nationals between 2016 and 2018 in Edmonton and Calgary.

"It's aggravating [they] built a business on the backs of hiring illegal foreign nationals and paid them less than the minimum wage," federal Crown prosecutor Erin Eacott told the judge.

"[They] took advantage of people desperate to stay in Canada."

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Justice Avril Inglis found that Carl Benito bears a higher level of moral culpability than his son because he was the one who offeredthe illegal jobs.

"Both of you abused a position of trust," Inglis said.

Carl Benito admitted he also submitted fraudulent study permits on behalf of clients who each were charged $3,000 for completing the false paperwork.

Under Immigration and Refugee Protection Act regulations, to obtain a study permit, a foreign national has to prove they have enough money to support themselves and any family members while they attend school.

Benito advised clients they needed to be able to show they had about $17,000 in their bank account.

When they told Benito they didn't have that much money in their accounts, he temporarily loaned them the $17,000.

Benito and his employees referred to the $17,000 as "show money" and charged between $200 to $500 for the loan.

'It won't ever happen again'

The two men pleaded guilty on the eve of a seven-week jury trial. Their guilty pleas and lack of criminal records were considered to be mitigating circumstances.

Before the sentences were imposed, the judge gave both men a chance to address the court.

Charles Benito, dressed in denim overalls and work boots because he had come directly from school, was emotional as he spoke to the judge.

"I want to say I'm sorry," he said. "It won't ever happen again."

The judge praised him for choosing a new career path in plumbing and noted that Charles Benito is on the NAIT honour roll.

Carl Benito read from a prepared statement.

"All of this brought shame to me and my family for which I am really sincerely sorry," he said.

"My name and my family have suffered greatly since June of 2018."

Carlo Benito said he is retired, but is looking forward to completing 100 hours of community service.

"I plan to make some serious efforts to once again make a difference in our community," he told the court.

Benito served as an MLA for Edmonton-Millwoods from 2008 to 2012.

"As long as we are alive, we must move forward," Carl Benito added. "I don't like to think that past mistakes will always define my life."