Alcohol and Gaming Commission of Ontario
GAMING CONTROL ACT 1992
In the Matter of: Dean Denis Atkinson 5601 Hodgson Avenue Niagara Falls, Ontario L2H 1N6
Registration Number: 130022
Notice of Proposed Order: To REFUSE to renew registration Dated October 14, 2006
Presiding Board Members: Allan Higdon, Member Beryl Ford, Member
Counsel for the Registrar: Ed Wren Counsel for the Registrant: Guy Ungaro
Hearing: Niagara Falls Sheraton Fallsview 6755 Fallsview Boulevard Niagara Falls, Ontario April 3, 2007
Exhibits: #1 - Registrar’s Book of Documents #2 (a) to (f) - Letters of Recommendation #3 - Letter of Reference dated January 10, 2007
Attendance: Dean Atkinson, Registrant
Witnesses: Richard Davidson, Detective Sergeant, O.P.P. Paul White, AGCO Jeff Longhurst, AGCO John Lee Mooney, Casino Niagara Elizabeth Atkinson
Witnesses for the Registrar
Richard Davidson is a Detective Sergeant who has been with the Ontario Provincial Police for eighteen years. He was seconded to the Alcohol and Gaming Commission of Ontario (AGCO) in January 2000 and is a member of the Niagara Falls Casino Enforcement Unit.
The witness stated he received information from the AGCO and the Niagara Police Services on April 7, 2006, regarding possible improprieties of a casino employee. The information confirmed that employee Dean Denis Atkinson, registered as Gaming Assistant number 00130022 and currently employed at Casino Niagara since May 19, 2005, was charged on August 26, 2005, with two counts of theft under $5,000 and one count of theft over $5,000. These thefts had taken place during his employment as a cook at the Table Rock Restaurant operated by the Niagara Parks Commission. On December 7, 2005, Mr. Atkinson was found guilty of one charge of theft under $5,000. Atkinson was given a Conditional Discharge and placed on probation for 12 months.
The witness stated that Atkinson had stolen from the Niagara Parks Commission over a period of time and in co-operation with other accomplices.
The witness compiled this information and submitted a report.
On cross-examination the witness confirmed he began his investigation on April 7, 2006, as a result of a Gaming Employee and Key Disclosure document received by the AGCO on April 6, 2006 (Exhibit #1, tab 2) signed by Dean Atkinson, in which he ticked “Yes” to question #5 - “Have you been charged, found guilty, or convicted of any type of offence in any jurisdiction in the last year?”
The witness stated Atkinson was very co-operative in the investigation. The witness was not aware that Atkinson had paid restitution of $5,000 to the Niagara Parks Commission.
Paul White has been a contract investigator with the AGCO since 2000. In his previous career he was a member of the Niagara Regional Police for over 30 years. The witness stated he prepares files on gaming licence applications and conducts interviews on employees who may be of concern. On July 4, 2006, he interviewed Dean Denis Atkinson for 1.5 hours beginning at 1:00 p.m. He asked a series of questions and Mr. Atkinson outlined his income tax amount owing, confirmed he had been found guilty of theft under $5,000 on December 7, 2005, and had been convicted under the Highway Traffic Act of speeding, failure to produce a Driver’s Licence, and had had his licence suspended due to non-payment of fines. These fines had been paid.
The defendant told him he began employment as a cook at the Table Rock Restaurant at the age of 21 and was later offered a job as a cart runner and porter. There was a scheme among the employees of the restaurant that involved filling the carts with inventory, selling the items, and keeping the proceeds. The defendant was approached and agreed to participate in the theft ring. A total of 37 people were involved. The defendant and three other adults were charged. Mr. Atkinson was found guilty.
The witness stated he had investigated the facts as told to him by Mr. Atkinson and found them all to be true. He found the defendant to be forthright, candid, and honest in his replies to questioning. He was shaking and nervous during the interview and did not appear to hold back any information.
The witness completed his report on Mr. Atkinson and submitted it to the Gaming Regulation Officer.
In response to a question from the panel, the witness stated the interview had been generated by the submission of Mr. Atkinson’s Employee Disclosure Form.
Jeff Longhurst is a Deputy Registrar at the AGCO. He began as a Gaming Regulation Officer in December 1993 and is responsible for casino employees.
The witness was advised that an Employee Disclosure Form had been identified as requiring further investigation. He stated Dean Atkinson had been registered as a gaming assistant on May 19, 2005. At the time of his registration there was no knowledge of any previous illegal conduct by Mr. Atkinson. Employees of a casino must demonstrate high standards of honesty and integrity. Someone who had committed criminal acts would definitely not meet the standards required for employment. A conviction for theft or fraud is a serious concern, particularly as in this case where theft was from an employer. The casino industry is very susceptible to theft, one reason why it is so heavily regulated. Public trust is absolutely essential if casinos are to continue to operate.
It is particularly unsettling that the period of theft by the defendant partly coincides with the time of his employment at the casino. The thefts are estimated to have begun in January 2004 and continued until August 15, 2005 – an overlap of approximately three months.
The witness stated the disposition of the matter by the courts has little impact on the manner in which the casino deals with this case. The issue is honesty and integrity and maintenance of public confidence. The witness noted Exhibit 2 (b) states the defendant had returned money he had found on the casino floor while cleaning. That is commendable but it does not mitigate the offences.
The contributing factor of peer pressure has been noted as an excuse but this only confirms the defendant is susceptible to coercion and peer pressure. His age has also been noted as a factor but the defendant was tried as an adult.
In considering such cases, the witness would normally take into account the time between a conviction and an application to register as a gaming assistant. In this particular case, the defendant was registered in May 2005 and found guilty in December 2005. His application would certainly have been refused if authorities at the casino had known the defendant had participated in criminal activity. The finding of guilty made so soon after registration clearly gives insufficient time for casino management to assess if the defendant has committed himself to turning his life around and conducting himself with honesty and integrity. The confidence of the public is at stake here.
On cross-examination, the witness stated that people with criminal records have on occasion been employed at Casino Niagara. The defendant is employed as a bartender at the casino.
Witnesses for the Defendant
Dean Atkinson currently lives with his parents. He is a high school graduate and has completed a short post secondary course.
The witness stated he began employment at the Niagara Parks Commission as a cook in May 2003 on a seasonal basis. In May 2004 he became a cart runner – his job was to run a beverage cart among the tables of a restaurant. He was enticed into an illegal scheme to sell items and keep the money, beginning in June or July of 2004. In May 2005 he began working at the casino. From that time on he worked simultaneously at two jobs –the casino from 2:00 am to 10:00 am, and the restaurant from 12 noon until 11:00 pm. This situation continued until he was charged with theft and terminated by the Niagara Parks Commission on August 19, 2005.
On April 4, 2006, the witness applied for his gaming assistant licence renewal. The process required completion of the Employee Disclosure Form in which he stated his finding of guilty for fraud. The witness currently works at the casino as a bar porter and also serves customers on occasion.
Letters of commendation from his employer, Exhibit 2, (a) to (f), and a letter of reference, Exhibit 3, attest to the excellent level of service he has provided to his employer.
The witness testified his financial situation is stable: he has no outstanding debt. He does not associate with any of the 37 individuals who were involved in the fraudulent scheme at the restaurant. There is no negative peer pressure at the casino. He has matured a lot since the theft incident and it will not happen again.
On cross-examination, the witness acknowledged he was over the age of 18 (D.O.B. February 15, 1983) when he was charged. He thought there were enough people involved in the scheme that he would never get caught. The witness said he did not steal as much as some other people. He admitted he showed new employees how to take advantage of the theft scheme. He enjoyed the restaurant job and did not want to lose it by reporting on his co-workers. The witness stated he gets impulsive when he drinks. He used the stolen money to drink. He is now repaying his family for the $5,000 made in restitution for his thefts.
John Lee Mooney is a beverage manager at Casino Niagara. The witness stated Dean Atkinson has received job coaching to correct some minor service issues but he is a good employee. There have been no problems with his conduct and he has never required investigation for his behaviour at the casino.
On cross-examination, the witness acknowledged the defendant is eligible to apply for any position at the casino. Manual transactions still take place on the premises. “Job coaching” sessions do not affect the annual assessment of an employee. More serious personnel issues are dealt with by a Corrective Form: none has been issued to the defendant.
Elizabeth Atkinson is the mother of the defendant. She stated her son has always been a follower, not a leader. This is how he got into difficulty. She could see her son was troubled at the time he was stealing from the restaurant. Something was bothering his conscience although she did not know what it was. Her son has learned from this experience, he is more thoughtful, more independent, and assertive
SUBMISSIONS
For the Registrar
Mr. Wren, counsel for the Registrar, stated the case is centered on the conduct of Dean Atkinson, who was found guilty of theft under $5,000. This offence is very recent; it was registered in December 2006.
The defendant was 22 years of age when the offences took place. This is old enough for him to resist peer pressure. Not only did he succumb to theft, he taught others how to join the illegal scheme. He thought he would not get caught.
Temptation is very high in any casino; that is why there are such high standards for employees.
The defendant is under a twelve month probation following his December 2006 guilty finding. There has not been sufficient time to assess if he can be trusted.
In order to retain public trust, it is essential that casinos be operated honestly by honest people. Employees who have been found guilty of breach of trust and who have coached other employees on how to steal are not the caliber of employee who would inspire public trust. Honesty and integrity must be assured. The Board should uphold the proposed revocation of the gaming licence of Dean Atkinson. If all goes well and he continues to have a clean record he can apply to re-register in two years.
For the Licensee
Mr. Ungaro, counsel for the defendant, stated the Gaming Act provides discretion to the Board to exercise a sense of fairness. The investigator in this case found the defendant to be upright and remorseful for his actions. The defendant has been candid and forthcoming. He has learned an important lesson. If there are concerns, perhaps a condition could be added to the defendant’s licence requiring him to stay at his current position for a period of time.
For the Registrar
Counsel repeated that the defendant’s past conduct is the issue. There has been a minimal time since the guilty finding. Not enough time has lapsed to be confident the defendant is completely rehabilitated.
DECISION
The Board is in complete agreement that the highest levels of honesty and integrity must be maintained in the casinos of Ontario. This is essential if the public is to maintain confidence in their operation. The issue for the Board is to ascertain if Dean Denis Atkinson is capable of maintaining those standards.
There was no dispute at the hearing as to the fact the defendant entered a plea of guilty to theft under $5,000 on December 7, 2005. He was involved in a scheme at a young age (22) with 36 other people that resulted in thefts at a restaurant for just over a year. Mr. Atkinson has expressed his remorse and paid restitution of $5,000.
The Board assessed the evidence of the witnesses, particularly the testimony of Mr. White, a seasoned investigator and retired police officer. He found the defendant to be forthright, honest, and candid. The beverage manager at the casino stated the defendant was a good employee with no issues regarding his conduct. In addition, the Board considered the letters of commendation issued to the defendant by his supervisors at the casino.
The Board also carefully assessed the testimony of the defendant and his mother and concluded the defendant was a man who found himself in a corrupt work environment at an early age and lacked the maturity to resist temptation. His guilty plea of theft and subsequent tribulations have given him a memorable lesson in the consequences of dishonesty. The Board does not consider it likely the defendant will repeat his regrettable actions.
The Board notes the defendant made a complete disclosure of his infractions on his Gaming Employee and Key Disclosure document. Had he not done so, the Board would have assessed this matter in a completely different light.
The defendant has paid the penalty for his illegal actions. The Board considers that no useful purpose would be served by revoking his licence as a gaming assistant.
However, the Board is mindful that the operations of Casino Niagara must continue to be conducted to the highest standard and be seen by the public to be doing so. The Board therefore ORDERS that the registration of gaming assistant for Dean Denis Atkinson be SUSPENDED for seven (7) days. No conditions are attached to future employment limitations as the Board considers this the rightful jurisdiction of casino management.
DATED AT TORONTO THIS 7 th DAY OF May , 2007.
ALLAN HIGDON, BOARD MEMBER BERYL FORD, BOARD MEMBER
AH/rb