'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
Couple randomly attacked, 1 stabbed, by group of teens in Toronto, police say
A man has been transported to hospital after police say he was stabbed in a random attack carried out by a group of teens in Toronto on Friday night.
Ron Ellis, who played over 1,000 games with Maple Leafs, dead at 79
Ron Ellis, who played over 1,000 games with the Toronto Maple Leafs and was a member of Canada's team at the 1972 Summit Series, has died at age 79.
Fort Nelson, B.C., wildfire doubles in size as 3,000-plus ordered to evacuate
The wildfire that sparked Friday and caused evacuation orders for more than 3,000 people in Fort Nelson, B.C., and the nearby Fort Nelson First Nation, has grown to nearly 1,700 hectares in size, according to a Saturday morning update from the BC Wildfire Service.
Eurovision Song Contest final kicks off after protests, backstage chaos and a contestant's expulsion
The final of the 68th Eurovision Song Contest kicked off Saturday in the Swedish city of Malmo after days of protests and offstage drama that have tipped the feelgood musical celebration into a chaotic pressure cooker overshadowed by the war in Gaza.
IN PICTURES Northern lights dance across the night sky in southern Ont.
From London, to Grand Bend, Collingwood and Guelph, here are some highlights of Friday night and Saturday morning's northern lights display.
'I am angry': Alberta farmers will continue fight over world class motorsport resort
The rolling hills leading to the hamlet of Rosebud are dotted with sprawling farms and cattle pastures -- and a sign sporting a simple message: No Race Track.
opinion How to use your credit card as a powerful wealth-building tool
Irresponsibly using a credit card can land you in financial trouble, but personal finance columnist Christopher Liew says when used properly, it can be a powerful wealth-building tool that can help grow your credit profile and create new opportunities.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Haitians demand the resignation and arrest of the country's police chief after a new gang attack
A growing number of civilians and police officers are demanding the dismissal and arrest of Haiti's police chief as heavily armed gangs launched a new attack in the capital of Port-au-Prince, seizing control of yet another police station early Saturday.