Toronto paralegal known for 'we win or it's free' slogan found guilty in traffic ticket fixing scheme

A paralegal whose tagline was “we win or it’s free” has been found guilty of obstructing justice and fraud under $5,000 for his involvement in a scheme to change legal records to make it look like he had won his cases even if his clients may have lost.

But Justice Breese Davies of the Ontario Superior Court in Toronto didn’t accept the Crown prosecutor’s allegations that the scheme involving Benito Zappia had compromised 137 cases in 2018, finding evidence beyond a reasonable doubt in just 11.

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“I find Mr. Zappia had a significant financial incentive to ensure his clients were not convicted,” said Justice Davies in an oral judgment Thursday morning.

“Mr. Zappia only made money on files if he “won”. For clients who paid for a guaranteed refund, he wouldn’t just lose their retainer but would be out of pocket if the cases weren’t dismissed,” she said.

The verdict comes after a months-long trial that included testimony of Francesco Rizzello, the court clerk who described in detail how he would accept $50 per case to change records in 2018 at the provincial offences court at 2700 Eglinton Avenue West.

Rizzello had previously pleaded guilty in the scheme, and was sentenced to two years less a day. He testified that an addiction to cocaine and gambling left him more than $45,000 in debt — but faced questions about his credibility because he didn’t confess until three years later.

• READ MORE: Paralegal bribed court clerk in traffic ticket fixing scheme: testimony alleges

“The fact that Mr. Rizzello deliberately lied seriously undermines his credibility and the reliability of his evidence,” said Justice Breese, saying that she could only rely on his testimony if it was independently corroborated. “Mr. Rizzello has an admitted history of engaging in deceitful and fraudulent activity which undermines his testimony.”

The corroboration, mostly through phone records presented at trial, didn’t support a volume of more than 100 texts. Bank records showed cash deposits of $6,850, which does correspond to deposits of $50 for 137 cases, the court heard.

Francesco Rizzello, a former Toronto court clerk, testifies in court during the trial of a paralegal accused of fraud and obstruction of justice.

The judge rejected testimony where Zappia alleged a family dispute was a reason that Rizzello could have made up the allegations against Zappia. But she also rejected Zappia’s testimony that he didn’t pay.

“His denials do not give me a reasonable doubt,” Justice Davies said. “I am satisfied beyond a reasonable doubt that Mr. Rizzello was paid for at least 11 clients. The only reasonable inference to draw is that Mr. Zappia asked him to change the outcome for 11 cases and he paid to do so either directly or indirectly,” Justice Davies said.

Justice Davies found Zappia guilty of defrauding the City of Toronto and the public, and noted that the 137 cases resulted in $30,000 in fines that may not have been imposed on the clients.

But in the subset of 11 cases, the court imposed fines of just $3,265.50 on the clients. Zappia had faced two charges of fraud over $5,000, but with the smaller total, the court acted on a lesser charge of fraud under $5,000.