CITATION: R. v. Cagnotti, 2009 ONCA 210
DATE: 20090306
DOCKET: C49854
COURT OF APPEAL FOR ONTARIO
Laskin, Blair and Watt JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Enrico Cagnotti
Appellant
David W. Russell, for the appellant
Karen Papadopoulos, for the respondent
Heard: March 5, 2009
On appeal from the sentence imposed on November 18, 2008 by Justice George J.
Brophy of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
[1] Mr. Cagnotti appeals an effective sentence of 18 months, taking into account
credit for time served. Even accepting that the position of the Crown and defence
amounted to a joint submission, the trial judge was justified in rejecting it and imposing a
higher sentence. He gave counsel fair notice that he might do so, and he gave reasons
why even the sentence suggested by the Crown was contrary to the public interest and the
administration of justice.
Page: 2
[2] The appellant is an incorrigible con-man who seeks to victimize women for
financial gain, and who shows no respect for court orders. We are satisfied that the
sentence is fit.
[3] Accordingly, although leave to appeal sentence is granted, the appeal is dismissed.
Thursday, March 26, 2009
'Incorrigible' dating-site con artist
Stiffer sentence upheld for 'incorrigible' dating-site con artist
06/03/2009 1:28:00 PM
Colin Perkel, THE CANADIAN PRESS TORONTO - A con artist who preyed on single women with tales of his wealth and stature deserved an 18-month jail sentence handed him last fall, Ontario's highest court ruled Friday.
In upholding the sentence against Enrico Cagnotti, the Appeal Court found the judge at trial was justified in imposing a stiffer sentence than what had been recommended by Crown and defence.
"The appellant is an incorrigible con man who seeks to victimize women for financial gain, and who shows no respect for court orders," the court said in a brief decision.
"We are satisfied that the sentence is fit."
The Crown and defence had suggested a total sentence of about nine months.
Cagnotti, 50, of Tiny Township, Ont., pleaded guilty in November to three breaches of probation and one of a court order that he refrain from using dating websites.
He already had a long record of fraud-related convictions.
In sentencing him, Ontario Court Justice George Brophy said Cagnotti needed to be "sharply reprimanded." Brophy said Cagnotti's behaviour in cruising for fraud targets on the Internet needed to be denounced.
Cagnotti complained he had been unfairly treated and said he would appeal, but the higher court, which heard his case Thursday, wasn't biting.
Brophy was justified in rejecting counsel's submissions and imposing a stiffer jail term, the Appeal Court said.
The judge only did so after giving reasons why the sentence suggested by the Crown "was contrary to the public interest and the administration of justice," the court ruled.
Cagnotti's criminal record began a dozen years ago with a conviction for uttering threats. He has since racked up about two dozen convictions and jail terms for crimes including fraud, theft and forgery, uttering threats and obstructing police.
The courts banned him in August 2007 for three years from participating in online dating sites or pretending to be an "available partner."
Ontario Provincial Police, who arrested him, said women in several towns and cities had complained about him.
Women who met or had contact with him through dating sites said, among other things, he pretended to drive a $1-million Mercedes-Benz and claimed to be an airline pilot who owned a private flight-services company.
Cagnotti used different profiles and made false claims about his wealth and prestige to women, police said.
In sentencing him, Brophy found the accused was trying to get money by "playing on their emotions and psychological needs."
"Mr. Cagnotti would appear to be a career con man," the judge said.
"I don't think it's fair," Cagnotti protested at the time.
"I made my wrong. I was willing to do what had to be done, and people that I defrauded, I paid back with restitution."
06/03/2009 1:28:00 PM
Colin Perkel, THE CANADIAN PRESS TORONTO - A con artist who preyed on single women with tales of his wealth and stature deserved an 18-month jail sentence handed him last fall, Ontario's highest court ruled Friday.
In upholding the sentence against Enrico Cagnotti, the Appeal Court found the judge at trial was justified in imposing a stiffer sentence than what had been recommended by Crown and defence.
"The appellant is an incorrigible con man who seeks to victimize women for financial gain, and who shows no respect for court orders," the court said in a brief decision.
"We are satisfied that the sentence is fit."
The Crown and defence had suggested a total sentence of about nine months.
Cagnotti, 50, of Tiny Township, Ont., pleaded guilty in November to three breaches of probation and one of a court order that he refrain from using dating websites.
He already had a long record of fraud-related convictions.
In sentencing him, Ontario Court Justice George Brophy said Cagnotti needed to be "sharply reprimanded." Brophy said Cagnotti's behaviour in cruising for fraud targets on the Internet needed to be denounced.
Cagnotti complained he had been unfairly treated and said he would appeal, but the higher court, which heard his case Thursday, wasn't biting.
Brophy was justified in rejecting counsel's submissions and imposing a stiffer jail term, the Appeal Court said.
The judge only did so after giving reasons why the sentence suggested by the Crown "was contrary to the public interest and the administration of justice," the court ruled.
Cagnotti's criminal record began a dozen years ago with a conviction for uttering threats. He has since racked up about two dozen convictions and jail terms for crimes including fraud, theft and forgery, uttering threats and obstructing police.
The courts banned him in August 2007 for three years from participating in online dating sites or pretending to be an "available partner."
Ontario Provincial Police, who arrested him, said women in several towns and cities had complained about him.
Women who met or had contact with him through dating sites said, among other things, he pretended to drive a $1-million Mercedes-Benz and claimed to be an airline pilot who owned a private flight-services company.
Cagnotti used different profiles and made false claims about his wealth and prestige to women, police said.
In sentencing him, Brophy found the accused was trying to get money by "playing on their emotions and psychological needs."
"Mr. Cagnotti would appear to be a career con man," the judge said.
"I don't think it's fair," Cagnotti protested at the time.
"I made my wrong. I was willing to do what had to be done, and people that I defrauded, I paid back with restitution."
Friday, August 8, 2008
Wednesday, July 30, 2008
July 28, 2008...Back in Jail
Enrico Cagnotti was picked up and hand cuffed by police on Monday July 28, 2008, 3 months after being released from a year in jail. Cagnotti resumed his criminal activity once free breaking his probation order by signing himself on Plenty of Fish, a dating site for singles. He may have been on other sites as well...who knows!
Right now he is being held. Let's hope they throw away the key allready and keep us woman safe from this predator.
Let's hope he has not hurt another woman.
Right now he is being held. Let's hope they throw away the key allready and keep us woman safe from this predator.
Let's hope he has not hurt another woman.
Thursday, June 26, 2008
Roma27
Enrico Cagnotti was released from jail at the beginning of May. That means he will be out on the prowl again. BEWARE ladies, this man is a serial conman, a pathological liar, a terrible speller and is probably wearing the same clothes over and over again. Since he has been in jail for the last year, he will be aggressive in trying to con you out of your money. Do not give him a penny, as a matter of fact, don't give any man money, EVER!
You will never see inside of his home, a cottage up North, a tear down that is disgusting inside, a pigsty, because he pretends to own mansions in Italy or Mexico or on Georgian Bay or in wealthy parts of Toronto. He will even take you into mansions and put in an offer in on the house. In the past, he has even given a cheque to have the house inspected...but it bounced! He is a pitiful showoff with nothing to show for his life except to pretend that he has made a success of his life. If you are involved with him or if you have just met him, RUN. Check with the police immediately. He will probably tell you that he is Mafia and you are being followed or that your phones are tapped to scare you into not contacting the police. Do not believe him. He just does not want YOU to find out that he has been in and out of prison for many many years. He will want to move in with you immediately because the police are always after him, so he needs to hide from them. If he has been taking you out for elaborate dinners or buying you expensive gifts or renovating your home or buying appliances, he is doing so on someone else's money or using your address, name and even your personal cheques to pay for all of the above. He may appear to be fun, a GENTLEMAN as he likes to refer to himself as, as well as HONEST. He is none of these.
He will talk about taking you away to Italy on the Globus Bus Mosiac tour.
He can only do so with your money!
By the way, his drivers license has been suspended for many years for unpaid fines that he cannot afford to pay. He also does not own his own car so he will use yours. If he is driving a car it is because he has conned some poor woman (maybe you) or he has leased/rented a car with a fake drivers license (against the law). He will probably tell you that he owns all kinds of fantastic cars but they are in Italy or he just ordered a car from Mercedes and he is waiting for it to arrive. Whatever comes out of his mouth is a repetition of his con story he plays over and over again to woman after woman.
If you are reading this, please leave your story. There is a lot of support out there for you.
You will never see inside of his home, a cottage up North, a tear down that is disgusting inside, a pigsty, because he pretends to own mansions in Italy or Mexico or on Georgian Bay or in wealthy parts of Toronto. He will even take you into mansions and put in an offer in on the house. In the past, he has even given a cheque to have the house inspected...but it bounced! He is a pitiful showoff with nothing to show for his life except to pretend that he has made a success of his life. If you are involved with him or if you have just met him, RUN. Check with the police immediately. He will probably tell you that he is Mafia and you are being followed or that your phones are tapped to scare you into not contacting the police. Do not believe him. He just does not want YOU to find out that he has been in and out of prison for many many years. He will want to move in with you immediately because the police are always after him, so he needs to hide from them. If he has been taking you out for elaborate dinners or buying you expensive gifts or renovating your home or buying appliances, he is doing so on someone else's money or using your address, name and even your personal cheques to pay for all of the above. He may appear to be fun, a GENTLEMAN as he likes to refer to himself as, as well as HONEST. He is none of these.
He will talk about taking you away to Italy on the Globus Bus Mosiac tour.
He can only do so with your money!
By the way, his drivers license has been suspended for many years for unpaid fines that he cannot afford to pay. He also does not own his own car so he will use yours. If he is driving a car it is because he has conned some poor woman (maybe you) or he has leased/rented a car with a fake drivers license (against the law). He will probably tell you that he owns all kinds of fantastic cars but they are in Italy or he just ordered a car from Mercedes and he is waiting for it to arrive. Whatever comes out of his mouth is a repetition of his con story he plays over and over again to woman after woman.
If you are reading this, please leave your story. There is a lot of support out there for you.
Wednesday, February 6, 2008
Enrico Cagnotti to stay in jail
Enrico Cagnotti had his probation hearing yesterday.
He was denied early probation and will remain in jail until May 6, 2008.
That will keep the serial conman off the streets for another 90 days or so.
He was denied early probation and will remain in jail until May 6, 2008.
That will keep the serial conman off the streets for another 90 days or so.
Tuesday, December 25, 2007
probation letter extension
There has been an extension for all letters stating why Enrico Cagnotti should not get probation.
Please have your letters in by the end of January 2008 for his probation hearing in early February.
Thank you,
Con Warn
Please have your letters in by the end of January 2008 for his probation hearing in early February.
Thank you,
Con Warn
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