Regina woman convicted in multimillion-dollar fraud denied bail as she waits for appeal

A Saskatchewan Court of Appeal justice has denied Alena Pastuch's request for bail as she waits for an appeal hearing — but that doesn't necessarily mean the woman convicted of defrauding investors of millions of dollars will stay behind bars, according to a written decision released Aug. 29.

The 54-year-old Regina woman was convicted in June of defrauding about 80 investors of a combined $5.5 million. She was given a seven-year prison sentence in August.

She called her trial a miscarriage of justice and filed an appeal shortly after her sentencing.

In her Aug. 29 decision, Court of Appeal Justice Lian Schwann said she required a transcription of Pastuch's 80-day trial to gauge public confidence related to a possible release, but the document wasn't ready yet.

Schwann made it clear that Pastuch may make another application for bail pending appeal once the transcription is available.

Psychiatric, legal support lacking, Pastuch claims

Pastuch was unable to prove that her detention isn't necessary for public interest, Schwann ruled. The justice said the other two criteria for release were fulfilled, though, with Pastuch proving that she was not a flight risk and that her appeal wasn't frivolous.

At her August sentencing hearing, court heard that between 2007 and 2009, Pastuch sold people on child protection software, but instead used the money to live a lavish life. 

The majority of victims were reportedly unsophisticated investors who were elderly or related to Pastuch. Court heard one couple was defrauded of $1.2 million, with other investors losing thousands. 

Pastuch, who represented herself and called no witnesses during her trial, was found guilty of fraud, money laundering and theft. In addition to the seven-year prison sentence, she was ordered to pay the money back within 12 years of her release or face more prison time.  

In her decision, Schwann noted that Pastuch said she intends to apply for court-appointed counsel to pursue her appeal. She argued she is unable to prepare an amended notice of appeal on her own in prison. She is allowed one hour per day in the library and may not remove her notes.

Pastuch has alleged that her complex post-traumatic disorder rendered her unable to properly represent herself in court, which is one of the grounds she cites in support of her appeal.

The decision also noted Pastuch's concern that she has not seen a psychiatrist since her prison sentence began. 

While there is one available to inmates, she has yet to meet with the psychiatrist, Schwann's decision said.