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Carmen Verde-Balayo, 0213520
The Member admitted that she engaged in professional misconduct in or around 2012 to 2016 when she submitted false claims under her employee group benefit plan and received $7,982.50 in relation to the false claims.
The Panel found the Member committed professional misconduct, and in particular, that she:
- contravened a standard of practice of the profession or failed to meet the standards of practice of the profession;
- misappropriated property from a workplace;
- falsified a record relating to her practice;
- signed or issued, in her professional capacity, a document that she knew or ought to have known contained a false or misleading statement; and
- engaged in conduct, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as dishonourable and unprofessional.
The College of Nurses of Ontario (“CNO”) and the Member presented the Panel with a Partial Joint Submission on Order requesting that the Panel make an order that included the following:
- an oral reprimand; and
- terms, conditions and limitations, including:
- attending 2 meetings with a Regulatory Expert; and
- employer notification for 12 months.
The Panel accepted the Partial Joint Submission on Order, concluding that the proposed penalty was reasonable and in the public interest.
In addition, the Panel ordered a 4-month suspension of the Member’s certificate of registration.
Aggravating factors considered by the Panel included:
- the active deceit and dishonesty over a four-year period to commit benefit fraud which also involved her husband;
- the benefit fraud amounted to almost $8,000.00, involving a significant number of improper claims;
- the Member was an active participant in the fraud, falsifying documents that she knew would be supported by other false documents and receipts;
- the fraud involved a second individual who directed funds to the Member for the Member’s financial benefit;
- the Member did not voluntarily cease her conduct and only stopped when management investigated and held her to account; and
- since the misconduct was discovered in February 2017, the Member has not repaid the fraudulent claims nor made efforts toward restitution.
Mitigating factors considered by the Panel included:
- the Member admitted to the misconduct when confronted by management;
- the Member accepted responsibility per the Agreed Statement of Facts and agreed to some of the allegations;
- the Member pled guilty to save time and expense for witnesses as well as resources to prepare and adjudicate the case;
- the Member has been practicing since 2002 with no prior disciplinary history with the CNO;
- although the Member’s employment was terminated, the Member’s manager had no concerns with the Member’s practice or conduct;
- there were no clinical implications because of the misconduct; and
- no clients or individuals were defrauded, but rather a large institution.
