Former Calgary councillor Magliocca found guilty of fraud

Joe Magliocca, former City of Calgary councilor in Ward 2 has been found guilty of falsifying expense forms while in office between 2017 and 2019. 

At his two-week trial last September, Magliocca was accused of adding names of politicians to the forms, claiming he paid for their meals, which was proven to be untrue.  

During the trial, evidence emerged that between 2017 and 2019, Magliocca attended the Federation of Canadian Municipalities (FCM) conferences, as well as other meetings as the City of Calgary’s official representative. During that time, he also attended the Carnaval de Québec. At the time, Magliocca was the City of Calgary's FCM representative.

He said he hosted politicians at the events, but the prosecutor at his trial called two dozen witnesses, including current and former politicians and all but one said they never did have a meal with him. 

Those witnesses included Ontario Liberal Leader Bonnie Crombie, Quebec Cabinet Minister Jonatan Julien, Halifax Mayor Mike Savage, former Edmonton Mayor Don Iveson plus city councillors from PEI, Toronto, Ottawa, Quebec City and Petite Riviere, PQ. 

All the witnesses appeared on Magliocca’s expense forms, and while some said they never met him, others said they had exchanged business cards. 

At trial, Magliocca was also accused of checking out of one hotel following an FMC conference and then checking into a more expensive hotel for two nights, claiming it was for “FCM director debriefing” when no debriefing ever took place. 

Testifying for the defence was Sean Chu, Calgary councillor for Ward 4, who made a less than flattering impression on Justice Gord Wong. 

Chu was the vice chair of the committee that dealt with councillors' expenses, and when the chair was unavailable, Chu had sign-off authority. 

In his testimony, Chu said he remembered three times when he declined to sign other councillors' expense claims. 

"I didn't sign because I saw problematic spending," said Chu. "I never once refused Mr. Magliocca's receipts or heard anything about them not being approved." 

Wong considered Chu as being evasive and defensive, adding he made an "attempt to mislead the court." 

"[It was] clear to me he had an agenda other than testifying openly and truthfully," said Wong. "I have no hesitation when coming to the conclusion that his evidence cannot be accepted." 

In his decision against Magliocca released on Monday, Wong said Chu was “the polar opposite” of a credible witness. 

After a story published in the Calgary Herald in 2020 said Magliocca’s expenses were double that of what other councillors claimed after trips to the FCM, an audit and police investigation found Magliocca improperly claimed $5,657 in expenses and raised questions about another $10,000 in expenses. 

Wong found Magliocca not guilty of a charge of breach of trust and reserved sentencing to a hearing in May.