Windsor South Asian Center ‘shocked’ by $360,000 fraud allegation, lawyer says

A lawyer representing the South Asian Center of Windsor (SACW) says there is “an element of shock and disappointment” in the community following fraud accusations leveled against a former president.

“Every penny counts for a non-profit corporation like the South Asian Center of Windsor and they really hope they can get that money back,” said attorney David Robins of Strosberg Sasso Sutts.

The Windsor Police Service announced Wednesday that Sushil Jain has been charged with defrauding the organization over a 12-year period.

It is alleged that the fraud occurred from September 2011 to June 2023.

“Through their investigation, officers discovered that a total of $362,739 intended for the charity was instead deposited into the suspect’s personal bank accounts,” Windsor police said in a statement.

Contacted for comment on Wednesday, Jain declined to speak with CBC News at that time. The allegations have not been tested in court.

Full cooperation

Following Jain’s resignation as SACW president in April 2023, Robins said the board requested the disclosure of Jain’s bank statements.

“They asked him for explanations, accounting and some cooperation in obtaining bank statements for accounts he had opened in the name of the South Asia Center and which the board had not been able to access,” Robins said. “My understanding is that when he refused to cooperate, they took the matter to Windsor police.”

Attorney David Robins represents the Windsor South Asia Centre. (Jennifer La Grassa/CBC)

The center has implemented new financial measures, current SACW president Fazle Baki said in a statement.

“SACW has implemented new financial controls to prevent future misconduct. We are determined to recover the (allegedly) misappropriated funds,” Baki said.

Robins added that the public must be reassured by the implementation of financial measures.

“The South Asian Center relies solely on grants, donations and support from its members,” he said. “I think it is important for the public to know that steps have been taken by this new board to ensure that any alleged financial impropriety or impropriety does not happen again.”

Recovery of funds

If Jain is found guilty, the SACW hopes the Crown will consider a restitution order requiring the accused to repay the money allegedly taken, Robins said, “but it would also be open to the Windsor South Asian Center to consider civil procedure.

While Robins hopes the missing funds won’t impact grants and support in the long term, the missing funds will impact programs in the short term.

“These funds would have been received for planned programs and projects that will not be able to move forward,” he said.