A third person has been sentenced in connection with a $2-million fraud several years ago at the heating plant at 12 Wing Shearwater.
Wayne Langille, who was employed by the Department of National Defence as manager of the heating plant, pleaded guilty in April 2019 to a charge of accepting benefits from a Dartmouth businessman who had dealings with the federal government.
Langille, 74, was handed a one-year conditional sentence Monday in Halifax provincial court.
Between April 2008 and May 2012, Langille received about $8,700 in benefits from friend Harold Dawson, whose four companies were awarded almost $2 million in contracts for parts for the heating plant.
In a written decision released Wednesday, Judge Elizabeth Buckle said Langille’s actions contributed to the commission of a large-scale fraud on the government by Dawson and DND contracts officer Bry’n Ross.
An agreed statement of facts contained in the decision says the majority of contracts awarded to Dawson’s companies during that time period were for parts requisitioned by Langille.
“In those situations where one of Mr. Dawson’s businesses was awarded the contract, Mr. Ross solicited quotes from non-Dawson companies only 11 times, and none of the outside businesses were awarded the contract,” the statement says.
“The result of Mr. Dawson’s companies being the only bidders on the vast majority of the contracts was that he was often able to charge an exorbitant mark-up. These mark-ups are confirmed in documents obtained from potential competitors and seized from Mr. Dawson.”
Buckle said the aggravating features in the case “make it very serious.”
“The type of benefit, the amount received and the time period over which the conduct continued are all aggravating,” she said.
“Mr. Langille’s conduct is a far cry from that of a government official who accepts a bottle of wine at Christmas. He had personal expenses paid by Mr. Dawson over a lengthy period of time while Mr. Dawson’s businesses had dealings with government.
“This behaviour, in my view, would significantly undermine the public’s faith in the integrity of government.”
Prosecutors sought a year in jail, emphasizing the need to denounce and deter Langille’s conduct.
Defence lawyer Elizabeth Cooper recommended a fine or suspended sentence with probation. If custody was required, she asked that Langille, who now works in Alberta, be allowed to serve it in the community on a conditional sentence.
The judge said there was no doubt a properly crafted conditional sentence could achieve the sentencing objectives.
“Further, there have been presentence or extra-judicial consequences here which also have some collateral denunciatory and deterrent impact,” Buckle said. “Mr. Langille’s family and community are aware of his criminal conduct. This has caused him embarrassment.
“The community at large, and specifically government employees, would also be aware of the charges through media coverage. For many, the arrest and prosecution would be enough to impress upon them that this type of conduct is criminal and deter them.”
She said permitting Langille to serve his sentence in the community and keep his job “will ensure that the sentence does not interfere with those aspects of his life that are pro-social and contribute to the long-term safety of the community.”
Langille will be on house arrest for the first six months of the sentence, either in Alberta or in Nova Scotia, with exceptions for employment, medical emergencies or appointments, legal commitments, church services, and four hours a week for attending to personal needs. He is prohibited from possessing or consuming alcohol or drugs for the full 12 months.
Dawson, 61, and Ross, 65, stood trial in Nova Scotia Supreme Court last year and were found guilty of fraud over $5,000. Dawson was also convicted of conferring a benefit on a government official. Last February, each man received a conditional sentence of two years less a day and was ordered to perform 120 hours of community service.
