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by Mike Caswell
Former Swisher Hygiene Inc. chief financial officer Joanne Viard, who is in jail awaiting sentencing for a 2011 fraud, has lost her effort for release on bond. In denying her request, the judge cited two egregious drinking incidents that resulted in the revocation of her bond in 2017. These incidents included a police chase with multiple collisions and an occasion on which she had her three children in the vehicle while impaired and driving erratically.
The loss comes about eight months after Ms. Viard, 39, was convicted in North Carolina of conspiring with others to manipulate the earnings of Swisher, then a Toronto Stock Exchange listing. A judge determined that she was a willing participant in a scheme that involved making illegal adjustments to allowances for bad debts. The scheme ultimately led to Swisher having to restate its financials for much of 2011.
Ahead of trial, the judge had initially allowed Ms. Viard to remain free on bond. Judges have considerable discretion in permitting non-violent defendants to stay out of jail until their sentence is determined. Ms. Viard was allowed out on a $50,000 unsecured bond, indicating that the judge determined her to be a relatively low risk to appear in court when directed. (All figures are in U.S. dollars.)
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