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Victor Manzano III JF655381
Allegations and Plea
The College alleged that the Member was found guilty of criminal offences, including fraud under $5000, fraudulent use of a credit card, and identity theft. The College also alleged that the Member failed to provide the College with the details of these findings of guilt, and that this conduct would be regarded as disgraceful, dishonourable or unprofessional.
The Member admitted the allegations. The College and the Member jointly submitted an agreement to the following facts.
The Member was employed part-time in the in-patient rehabilitation unit at one hospital, and full-time in the cardiovascular unit at a second hospital. In August 2013, the Member pled guilty to, and was found guilty of the above-noted charges.
At the first hospital, in February, March, and June 2013, the Member obtained possession of credit cards from four elderly clients without the knowledge or consent of the clients, and made or attempted to make purchases. The purchases included online transactions for various entertainment, merchandise, and gift cards.
The Member cared for a Client at the second hospital for two days in January 2013. On those days, the Member fraudulently obtained possession of three credit cards, and attempted to make purchases to be shipped to the Member’s house. These transactions were declined and none of the Member’s attempts were successful.
In May 2015, the Member was sentenced to ten months in custody and 36 months of probation. The Member was also required to pay a victim fine surcharge of $800. A condition of the Member’s sentence and probation prohibited the Member from working or acting in any position of trust or in any type of nursing role unless he disclosed his criminal record prior to accepting the position. The Member’s probation will be completed in February 2019.
The Member admitted that he failed to report the charges to the College.
The Panel found that the facts supported a finding of professional misconduct as alleged and that the Member’s conduct would be considered disgraceful, dishonourable and unprofessional.
Submissions on Order
The College and the Member sought an oral reprimand and a 12 month suspension. The Member was also required to complete specified remediation activities in preparation for a series of meetings with a nursing expert. For 24 months from the date he returns to nursing, the Member would be required to advise the College of his employers, provide employers with a copy of the Panel’s decision and reasons and only practise for an employer who agreed to advise the College if the Member breached the standards of practice of the profession.
The Panel concluded that the proposed penalty was in the public interest and reasonable. The Member cooperated with the College by agreeing to the facts and proposed penalty and accepted responsibility for his actions. The Panel found that the penalty satisfied the principles of specific and general deterrence.