Here is an article that explains a bit more.
Accused embezzler released on bail
Crown alleges man stole $2.6M from car dealership
http://news.guelphmercury.com/News/article/424134January 08, 2009
Scott Tracey
Mercury Staff
GUELPH
A Mount Forest man accused of embezzling almost $2.6 million while working as an accountant for a Guelph car dealership appeared in bail court yesterday, where much of the evidence focused on whether he is employed and to what degree.
Assistant Crown attorney Stephanie Turner asked that 33-year-old Kirk McWhirter be forced to surrender his passport before being released on bail. But duty counsel Joe Fera said his client needed his passport because he does a lot of work in the U.S. for London, Ont.-based company Awesome Racewear.
Fera said McWhirter expects to attend approximately eight one-week shows south of the border this winter.
During the court's lunch break, however, Awesome Racewear general manager Kevin Grandy said in a telephone interview from South Carolina that while he knows McWhirter, the man does not work for the manufacturer of auto racing suits.
"Up in Canada he sells some race suits for us," Grandy said, noting typically McWhirter has ordered suits and then resold them.
He added he has spoken to McWhirter about becoming the company's Canadian distributor, but those talks are in their infancy.
"He hasn't done much for us," Grandy said. "He's just getting started."
McWhirter was arrested Tuesday by Canada Customs agents at Fort Erie as he attempted to cross into Canada. Guelph Police, who have been investigating McWhirter for about 18 months, obtained a Canada-wide warrant after the man's relatives could not tell police where he was.
Yesterday, Fera said McWhirter was returning from a golfing trip Tuesday and had no knowledge of the outstanding warrant.
Court heard McWhirter began working in the accounting department at Guelph's Olympic Honda in 1999, and quit at the end of 2006 while under pressure to produce the company's books for examination.
Turner said a subsequent investigation revealed close to $2.6 million was missing. The Crown alleges McWhirter, an amateur race driver, spent much of the money on clothing, car parts and travelling.
Turner said since McWhirter has no prior record her office consented to his release, but on strict terms.
"The Crown is very concerned about the amount of the (alleged) fraud," Turner said.
McWhirter testified he has spent much of the last few months in South Carolina, helping Awesome Racewear with the company's books, and said he expected to help the company at upcoming trade shows in Oklahoma and Toronto.
Guelph Police Detective Tina Ryan testified she spoke to Grandy later in the afternoon. While Grandy told Ryan that McWhirter is not an employee of the company, he confirmed the man has been staying with him in South Carolina and helping to manage the company's finances.
Following Ryan's evidence, Fera conceded he could not argue the accused has legitimate employment obligations that would require him to leave Canada.
Justice of the peace Michael Cuthbertson said he was "not at all convinced" McWhirter needed to leave the country for work.
McWhirter was freed on $10,000 bail. He was ordered to immediately surrender his passport to Guelph Police, and must live with his cousin in Guelph and obey a 10 p.m. curfew.
He returns to court Feb. 2.
Linkback: https://www.canadianracingonline.com/smf/index.php?topic=9177.msg63420#msg63420
