'We win or it’s free' paralegal bribed court clerk in traffic ticket fixing scheme: testimony alleges
A paralegal firm whose tagline is “we win or it’s free” bribed a Toronto traffic court clerk to change legal records to make it look like they had won, said the clerk in the first time he has testified publicly about the case.
Benito Zappia’s firm used its signature catchphrase on its website, Toronto storefront, and even on a car to entice customers who were issued traffic tickets to entrust their appeals to him.
But authorities allege one reason Zappia could make the promise is that he had an ace up his sleeve.
The court clerk, Francesco Rizzello, took the stand in Toronto Superior Court this week to describe in detail his role in the traffic ticket fixing scheme as part of Zappia’s fraud and obstruction of justice trial. He says the scheme derailed more than 130 cases.
“They were asking me if I could get rid of them, get rid of the tickets for them,” Rizzello recalled of meetings with several paralegals in 2018 near the provincial offences court at 2700 Eglinton Avenue West.
Rizzello has already pleaded guilty to fraud relating to changing records in those cases. He was sentenced to two years less a day at Maplehurst Correctional Complex.
- Download our app to get local alerts on your device
- Get the latest local updates right to your inbox
He arrived in Toronto in handcuffs to describe how an addiction to cocaine and gambling left him more than $45,000 in debt—and desperate to pay.
Under questioning from Crown Attorney Simon King, Rizzello said that over a few months in 2018, he changed about three to four records a day, at $50 a case.
He said he was paid in cash through in-person visits to a paralegal office, with an envelope full of money. He said he made several thousand dollars from the scheme.
“I saw it as an opportunity for me to earn a bit of extra money to pay off debts that I still had lingering over my head as a result of addictions and rehab,” Rizzello said, adding that he is now remorseful for his behaviour.
Francesco Rizzello, a former Toronto court clerk, testifies in court during the trial of a paralegal accused of fraud and obstruction of justice.
An agreed statement of facts in Rizzello’s plea says any client who paid a "premium retainer" would get their trial scheduled at Rizzello's POA court, where they would be convicted in absentia. But Rizzello would adjust the records to make sure no notice went out and no fines were collected.
Zappia would, according to the agreed statement of facts, advise his client the charges had been dismissed.
The City of Toronto was deprived about $15,000 in fines, the documents say.
The city got an anonymous tip about the scheme in 2018 and confronted Rizzello in a marathon four-day interview where he admitted some of his role, but claimed no one else was involved. He was fired.
On the stand this week, he testified he was lying then. In a subsequent interview with Toronto police, he admitted taking money from several paralegals. The paralegals in the case have faced discipline from the Law Society of Ontario, but charges were dropped in every case except Zappia’s.
Robert Karrass, Zappia’s lawyer, said Rizzello’s changing stories could be one reason charges were dropped.
“I don’t think we can trust his testimony,” Karrass told CTV News Toronto outside the courthouse. “He’s given a number of statements over the years, they were very suspect, and my client denies any involvement.”
Karrass said his client has used the slogan "we win or it's free" long before any allegations of being part of a ticket fixing scheme.
The tagline for Benito Zappia's firm is seen being advertised on a car. (Yelp)
The City of Toronto didn’t comment on whether it’s secured the court system against potential further bribery while the trial is on.
Rizzello told the court he is working on his addiction.
“It’s been a constant struggle. Even after rehab, sobriety is not easy. But since the first year I’ve had no challenges whatsoever remaining sober. Maintaining my new way of living, free of gambling, addictions and drinking,” he testified.
Zappia himself didn’t say anything outside court but, just as with the traffic tickets, his defense implies he believes this case is another one he can win.
CTVNews.ca Top Stories
'Still so much love between us,' Sophie Gregoire Trudeau says of Prime Minister Justin Trudeau
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
What to know about avian influenza in dairy cows and the risk to humans
Why is H5N1, or bird flu, a concern, how does it spread, and is there a vaccine? Here are the answers to some frequently asked questions about avian influenza.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
opinion The special relationship between King Charles and the Princess of Wales
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.
Pro-plastic lobbyist presence at UN talks is 'troubling,' say advocates
Environmentalist groups are sounding the alarm about a steep increase in the number of pro-plastic lobbyists at the UN pollution talks taking place this week.
'Too young to have breast cancer': Rates among young Canadian women rising
Breast cancer rates are rising in Canada among women in their 20s, 30s and 40s, according to research by the University of Ottawa (uOttawa).
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
$70M Lotto Max winners kept prize a secret from family for 2 months
During a special winner celebration near their hometown, Doug and Enid shared the story of how they discovered they were holding a Lotto Max ticket worth $70 million and how they kept this huge secret for so long.
Trump's lawyers grill ex-tabloid publisher as 1st week of hush money trial testimony nears a close
After prosecutors' lead witness painted a tawdry portrait of “catch-and-kill” tabloid schemes, defence lawyers in Donald Trump's criminal trial on Friday sought to dig into an account of the former publisher of the National Enquirer and his efforts to protect Trump from negative stories during the 2016 election.