Sarnia Imperials coach, who pleaded guilty to $18K fraud of team, pays full restitution

Justice Mark Poland pointed out the Sarnia Imperials have a rich and storied history.

Competing in a league that pre-dated the CFL, the Imperials appeared in three Gray Cup championship games, including one on home soil, in the early 20th century and captured the cup twice, in 1934 and ’36. But the judge also noted the team, reborn in 2006 as a community-run semi-pro club following a decades-long hiatus, nearly had its lauded status imperiled by financial damage.

That damage, adding up to nearly $18,000, was inflicted by his current head coach and general manager, Jake Cherski.

“Mr. Cherski should be properly ashamed of his behavior, in my view,” Poland said recently as he sentenced him to house arrest, a curfew and probation for three fraud-related criminal convictions.

Cherski, then a 53-year-old Sarnia resident who grew up in Courtright, was charged during the 2021 season with fraud, identity fraud, forgery and criminal breach of trust. Following dozens of court appearances during the past two-plus years, Cherski, now 55, recently pleaded guilty to all except the identity fraud charge, which was later dropped.

Through his guilty pleas, Cherski admitted to forging the signature of Jim Bell – the former friends helped restart the team 17 years ago – 98 times on checks while also using team funds for personal expenses. A lengthy investigation headed by Sarnia police Det.-Const. Jeff Rovers discovered a total of $17,948.94 in charges on the Imperials’ Mainstreet Credit Union account and American Express credit card that weren’t team-related between May 2014 and May 2021.

Instead, they were for his business – Cherski owns Philly Cheese Jakes, a restaurant in south Sarnia – or his home. Some of the transactions included kitchen equipment, furniture, cellphone and utility bills.

“He had clearly used monies that were the property of the Sarnia Imperials football team for his own purposes,” Poland said after hearing a statement of agreed facts.

However, one of the key reasons the judge allowed Cherski, a 2014 Sarnia mayoral candidate, to serve his two-year sentence at home instead of inside a jail cell, as both lawyers requested, was he showed up to court with a check in the team’s name for the full amount he took.

“The restitution paid up front is hugely mitigating,” assistant Crown attorney Meaghan Jones said.

Defense lawyer James Guggisberg said his client meant to pay the various charges back at the time, but conceded there were no records of that taking place.

“My sense is that Mr. Cherski, who is an accomplished restaurateur, is a horrible bookkeeper and probably what started out with the sense of, ‘Well, I’ll just use this card today and I’ll use a different one tomorrow and that will sort things out with the club’ – he appreciates that certainly didn’t happen,” he said.

Guggisberg also said, although it’s not legal, his client maintains he was given permission by Bell to forge his signature on checks at times he was busy and couldn’t be there in person. At least two signatures were required on all checks from the team’s credit union account and only three people had authorization to sign.

However, Bell left the team in 2012 after the pair had a falling out, yet the forged signatures continued for several years.

“Mr. Cherski appreciates that’s illegal and appreciates that he continued to do it long after Mr. Bell ceased any involvement of the Imperials,” Guggisberg said.

Cherski is now banned from contacting Bell for the next four years through his two-year conditional sentence and two-year probation order.

But he’s not barred, at least by court order, from being involved with the Imperials, part of Ontario’s nine-team semi-pro Northern Football Conference, as long as it’s not in a position where he would have access or control of the team’s finances . Guggisberg said his client, a former defensive lineman and longtime coach and general manager, still wants to be part of the club due to his love of football.

“I should think his involvement continued – notwithstanding that he’s not the president, that he is not the coach, that he does not have any involvement in any way in money – really shows the genuineness of his commitment to this team,” he said.

However, as of Thursday Cherski, still was listed on the team’s website as the head coach, general manager, and one of three directors on the executive team. Officials with the team and the league didn’t respond by press time Thursday to questions about what role Cherski will be allowed to have following his convictions.

“My client is hoping to do everything possible to help that team meet success and ultimately a championship. He appreciates he’s very much put that at risk by his behavior and his regret is both genuine and sincere,” Guggisberg said.

The team only makes money through gate and player fees – they pay to play – concession and merchandise sales, and sponsors.

Poland said the breach of trust was heightened as he was basically handling community funds in a volunteer capacity, but also pointed out it would’ve been a significant undertaking for the Crown to prove at trial each transaction was personal and not for the team. The judge also observed there was no effort to cover up his crimes.

The sentence he imposed includes nine months of house arrest and GPS tracking followed by 15 months of a 10 pm to 6 am curfew, although he’s allowed to leave to work at his restaurant.

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@ObserverTerry