'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
Millions of Canadians have been exposed to potentially toxic chemicals, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
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.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
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.
Here's what 'the hinge' move is, how to do it correctly
When you're picking something up from the floor or bending over to tie your shoe laces, you're performing "the hinge move," according to movement trainers.
Tips to make a house or apartment safe and accessible for older adults living at home
Here's a summary of tips from the U.S. National Institute on Aging and AARP, which offers a free room-by-room guide with practical suggestions for older adults living independently.
Here are some gardening questions, answers
When it comes to gardening, a lot of questions come up, including the best way to keep pets away from plants, maintaining your lawn and keeping the dandelions at bay.
'I may have some nightmares:' Man survives being bitten by 2 sharks in Bahamas
A man who was bitten by two sharks in the Bahamas said Thursday he's 'thankful that I'm here' while sharing his story of survival.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.