ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Gaming Control Act, 1992, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
Tharsan Sribalan Registrant
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Brian J. Ford, Board Member
Decision Date: April 20, 2010
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative Tharsan Sribalan, Registrant ) On his own behalf
Allegations
1. A hearing into a Notice of Proposed Order dated September 29, 2009 to revoke the registration of THARSAN SRIBALAN, 415 Willowdale Avenue, Unit #909, Toronto, Ontario, M2N 5B4, as a gaming assistant in the class of gaming services employee, registration number 152477, on the basis that there are reasonable grounds to believe that he will not act as a gaming registrant in accordance with law, or with integrity, honesty, or in the public interest, having regard to his past conduct, was held on March 8, 2010 in the City of Toronto.
Decision
2. After considering all the evidence and submissions, the Board REVOKES the registration of Tharsan Sribalan as a gaming assistant in the class of gaming services employee.
Preliminary Matters
3. The Registrant appeared on his own behalf and waived the right to be represented by a licensed representative.
Registrar’s Evidence
4. Ms Chan submitted a Book of Documents which was entered as Exhibit #1.
5. Donna Udit is employed by the Alcohol and Gaming Commission of Ontario (“AGCO”) as a registration officer in the Licensing and Registration Department. She advised the Board that she is responsible for reviewing applications under the Gaming Control Act, 1992 (“GCA”) and making recommendations to the Deputy Registrar.
6. Ms Udit stated the Registrant, Tharsan Sribalan, was registered on May 20, 2008 as a security guard at the Canadian National Exhibition (“CNE”) Casino. His registration was valid for one year, expiring on May 29, 2009.
7. Mr. Sribalan was sent a Notice for Renewal on March 30, 2009. The completed and signed Application for Renewal was submitted to the AGCO on April 24, 2009.
8. Ms Udit stated a background check revealed derogatory findings. The findings needed to be clarified so the file was referred to the investigative unit to conduct interviews with the Registrant.
9. The file was referred to Pierre Jacques who filed a report on his investigation. He reported that Mr. Sribalan had been charged with fraud, possession of property obtained by crime and possession of a credit card obtained by crime.
10. Ms Udit pointed out for the Board, that in Exhibit #1, tab 5 of the Notice of Renewal, the Registrant was asked if he had been charged, found guilty or convicted of any type of offence in any jurisdiction in the last year. He replied by circling "No", indicating that he had not.
11. The background check did not correspond to the answer given. The background check revealed Mr. Sribalan was charged under the Criminal Code for several offences on December 26, 2008.
12. Mr. Sribalan chose not to cross-examine this witness.
13. Detective Constable Michael Streng of the Toronto Police Service was working as a paid duty officer on December 26, 2008 at the Foot Locker Store at the Eaton Centre.
14. Detective Constable (“D/Cst.”) Streng stated while he was at the front entrance of the store at 5:00 p.m., he heard a commotion at the rear of the store. A store employee pointed to Mr. Sribalan and said “stop that guy.”
15. D/Cst. Streng observed Mr. Sribalan, who was wearing a black jacket, blue jeans and black t-shirt walking towards the front entrance of the store. He took Mr. Sribalan into custody.
16. D/Cst. Streng explained that the woman who pointed Mr. Sribalan out stated she was working the cash register at the back of the store and ran a purchase through for Mr. Sribalan using a President’s Choice MasterCard, number 5181-2710-2498-6571.
17. The woman told D/Cst. Streng that the number on the card and the number that showed from the magnetic strip did not match when she swiped the card for the purchase. When the clerk questioned Mr. Sribalan about this, he picked up the purchase, a pair of running shoes valued at $135.59, and attempted to walk out of the store.
18. The clerk explained that the last four numbers on the card did not match the last four on the sales slip. The last four numbers on the card were 6571 and on the strip they were 2933. The sales slip, entered as Exhibit #2, shows the numbers that are coded on the magnetic strip.
19. Mr. Sribalan was taken to a room at the rear of the store where he was searched and a second CIBC Visa credit card, number 4500-6550-5259-7273 in the name of Y.P., was found on him. This card had been reported stolen in September 2008.
20. D/Cst. Streng stated Mr. Sribalan verbally identified himself as Tharsan Sribalan of 415 Willowdale Avenue, Unit 909, Toronto, Ontario M2M 5B4, date of birth 1987-10-07. Mr. Sribalan did not have any identification documents on him at the time, stating it was reported as lost. A check of police records confirmed this.
21. D/Cst. Streng called for a police car to transport Mr. Sribalan to 52 Division. Mr. Sribalan was later charged with three offences under the Criminal Code and released on a promise to appear.
22. D/Cst. Streng stated at the time of his arrest, Mr. Sribalan was alone.
23. The three criminal charges against Mr. Sribalan were withdrawn in court as no one from the credit card company appeared for the trial.
24. Under cross-examination, D/Cst. Streng was asked if there was anyone with Mr. Sribalan and he stated his notes do not reflect that. He also stated that the store clerk did not point any other person being with Mr. Sribalan.
25. Pierre Jacques is an investigator with the AGCO Charitable Gaming branch. Mr. Jacques stated he conducted a follow up telephone interview with Mr. Sribalan on July 2, 2009 at 2:00 p.m. The interview was conducted because Mr. Sribalan did not disclose he had been charged with three Criminal Code charges on his registration renewal form.
26. Mr. Jacques stated when he spoke to Mr. Sribalan, he asked him if he had any criminal charges. At first, Mr. Sribalan stated yes, then no. He seemed confused, as if he was not sure. He then admitted he did have outstanding criminal charges, stating he made a mistake on his application form.
27. When Mr. Jacques asked Mr. Sribalan what happened at the Eaton Centre, he found that Mr. Sribalan was not forthcoming with information at first, then eventually told Mr. Jacques he had been charged with a credit card fraud.
28. Mr. Jacques asked Mr. Sribalan about the stolen credit card. He was told that the owner of the card was a friend who had given the card to him. However Mr. Jacques stated Mr. Sribalan did not know the last name of the person to whom the card was issued.
29. Mr. Jacques stated Mr. Sribalan indicated someone else was with him at the Eaton Centre however no one else was charged and he was the only one arrested. Mr. Jacques formed the opinion that he was acting alone. It was a difficult conversation as telephone interviews often are.
30. Mr. Jacques stated he did not feel that Mr. Sribalan was being honest with him and was evasive in his answers. He felt he was dishonest as the police report showed no one else was mentioned.
31. Mr. Sribalan did not cross-examine this witness.
32. Mr. Jacques, in reply to a Board question, stated Mr. Sribalan appeared confused and not sure when asked if he was charged. First he stated no, then yes. Mr. Jacques felt Mr. Sribalan was being deceitful. The telephone interview lasted five to six minutes.
33. Frank Cuda is a Deputy Registrar in the Licensing and Registration department at the AGCO.
34. Mr. Cuda stated that as Deputy Registrar he has concerns about the registration of a person who is not completely honest. He pointed out the GCA states that the public must be confident of the honesty and integrity of a person working in the gaming industry. The Registrar must be confident of the people who work in the gaming industry as well. People who work in the industry must be beyond reproach.
35. Mr. Cuda stated the failure of Mr. Sribalan to disclose any charges by indicating on his renewal form there were none is a very serious matter and cannot be taken lightly. Honesty and integrity are key to public confidence in the gaming industry. The AGCO relies on the honesty of persons applying for registration in order to do a proper background check. A suspension of the registration would not alleviate the Registrar’s concerns; a revocation is sought.
36. There was no cross-examination of this witness by Mr. Sribalan.
Registrant's Evidence
37. Tharsan Sribalan stated that at the time of the incident at the store he did not know it was fraud. He also stated that he does not hang out with the bad crowd any more.
38. Under cross-examination, Mr. Sribalan stated that he was a security guard at the CNE and he only works there in the summer. At this point in time they have not terminated his employment. He wants the ability to work at the CNE during the summer. He is not seeking to use his registration elsewhere.
39. Mr. Sribalan’s job required him to move large amounts of gaming chips to the tables at the CNE. The gaming chips have a considerable monetary value that can be exchanged for cash.
40. He is also responsible for seeing that people do not use their cell phone near the gaming tables and transports large amounts of money to the tables.
41. Mr. Sribalan said that with regard to the incident at the store, he was taken advantage of and that the person he was with talked him into going into the store. He said the person’s name was Krishan but he did not know his last name.
42. He stated that this “Krishan” person had the card for 20 minutes before handing it to him, but is not sure how he changed the numbers on it.
43. Mr. Sribalan stated he is a part time butcher and he attends Seneca College.
Registrar’s Submission
44. Ms Chan noted that Mr. Sribalan was pointed out to D/Cst. Streng as a person who used a fraudulent credit card and the card had Mr. Sribalan's name on it. She also notes that no one else was pointed out to D/Cst. Streng by the store employee. It was Mr. Sribalan who effected the transaction.
45. Mr. Sribalan could not offer any reasonable explanation with respect to the Criminal Code charges. The explanation of a friend tampering with the card is not credible. Also, there is no further information of this “Krishan” person.
46. Ms Chan stated Mr. Sribalan had difficulty explaining the incident and was evasive. She stated the only reason for the charges being withdrawn was that the witnesses did not show up, which she contends does not affect the outcome of his acting dishonestly by using the credit card.
47. Ms Chan noted the Criminal Code charges were laid December 26, 2008 and the renewal document which stated no charges, was submitted on April 24, 2009.
48. Ms Chan stated the failure to disclose the criminal charges showed a lack of integrity and honesty on the part of Mr. Sribalan, which she stated is unacceptable for a person who has responsibility for handling large amounts of gaming chips with a money equivalent.
49. Ms Chan noted that having responsibility for the security of people and money requires a high amount of trust and integrity. It also can result in an opportunity for abuse.
50. Ms Chan stated a suspension would not alleviate the concerns of the Registrar and that Mr. Sribalan's registration should be revoked. The concerns are two-fold: the failure to disclose and his conduct which raise serious concerns about Mr. Sribalan’s honesty and integrity.
Registrant's Submission
51. Mr. Sribalan stated he wants to work at the CNE Casino as security.
52. Mr. Sribalan stated he thought that disclosure required was of a conviction, but he was not convicted of the criminal charges at the time, there were charges only. It was not his intention to lie on the application.
Decision
53. The evidence before the Board is that Mr. Sribalan was charged with three offences under the Criminal Code on December 26, 2008. On April 24, 2009, he filled out and signed a Gaming Registration Renewal form stating he had not been charged in the past year.
54. Mr. Sribalan did not dispute any of the evidence with regard to the Criminal Code charges except to say that it was someone else who was with him that used the card. However D/Cst. Streng stated that no one was with Mr. Sribalan and no one was pointed out by the store clerk. Further it was Mr. Sribalan who attempted the purchase with the credit card.
55. The Board also heard from Mr. Jacques, an AGCO investigator, who found Mr. Sribalan to be evasive in his answers to him during a telephone interview.
56. Mr. Frank Cuda, Deputy Registrar, stated that it is extremely important for application forms to be filled out properly and honestly. Not to do so is an indication of dishonesty and lack of integrity. He also stated the highest degree of honesty and integrity is expected of gaming employees.
57. Mr. Sribalan stated he did not mean to mislead anyone when he filled out the renewal form.
58. During the hearing the Board also found that Mr. Sribalan was evasive and not forthcoming in his answers to questions. He offered no credible explanation for the events of December 26, 2008, but rather sought to shift responsibility to someone else. He attempts to offer some assurance by saying he no longer hangs out with a bad crowd.
59. The Board agrees with the Registrar, that the highest importance has to be put on the answers to questions in the application forms for gaming employees. Registrants must be held to a very high standard to instill public confidence in the gaming industry.
60. The Board also notes Mr. Sribalan's job as a security guard at the CNE Casino requires that the person performing this function must be of the highest integrity and honesty, particularly when consideration is given to the high monetary value of the product being protected. The Board notes that Mr. Sribalan seeks to utilize his registration for seasonal employment at the CNE only, however a vulnerability to the influence of a “bad crowd” is a concern.
61. To give a misleading statement that no criminal charges were outstanding on his renewal form is a considerable transgression. This, with the relatively recent events of December 26, 2008, indicate a lack of integrity and honesty.
62. Given the above facts, the Board finds that Mr. Sribalan does not meet the standards of honesty and integrity required by the Gaming Control Act, 1992 for employment as a gaming assistant in the class of gaming services employee and hereby revokes his registration.
Order
63. For the above reasons, the Board REVOKES the registration of THARSAN SRIBALAN, 415 Willowdale Avenue, Unit #909, Toronto, Ontario, M2N 5B4, as a gaming assistant in the class of gaming services employee, registration number 152477.
DATED AT TORONTO THIS 20th DAY OF April , 2010
PATRICIA MCQUAID, VICE-CHAIR BRIAN J. FORD, BOARD MEMBER