Thursday, July 20, 2006

Case of Gary Philip Dolovich, JD

Case of Gary Philip Dolovich
(AKA: Gary Dolovich, Gary P. Dolovich, G. Philip Dolovich)
Former Executive Director - Manitoba Kosher, Manitoba, Canada
Attorney - Winnipeg, Canada


Gary Philip Dolovich plead guilty on charges Importing/ Distributing Child Pornography X 17. He never served any time in prison.

Police said their investigation against Dolovich began with a tip from Australian authorities that a man was having conversations with several people over the internet and allegedly trading hundreds of child pornography images.
A forensic examination of Dolovich’s computers found that between May and September 2005, child pornography images were imported and distributed on 17 different occasions, according to investigators. A total of 547 images were found, most of them involving children between the ages of three and seven engaged in explicit sex acts.
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Table of Contents:

2006
  1. 2001 Kosher Supervision Guide  (2001)
  2. Integrated Child Exploitation Unit Arrest  (07/20/2006)
  3. I.C.E. Unit Arrest - Gary Dolovich  (07/20/2006)
  4. Local man arrested in Toronto for child porn  (07/20/2006)
  5. Porn charges laid Legal researcher hired by province accused (07/21/2006)
  6. Winnipeg lawyer accused of distributing child porn  (07/21/2006)

2007
  1. Law Society of Manitoba (01/2007)
  2. Lawyer pleads guilty to kid porn  (12/20/2007)
  3. Attorney admits to child porn charges (12/20/2007)

2009
  1. Child-porn addict 'has lost everything' (03/05/2009)
  2. Freedom for trader in child porn?  (03/7/2009)
  3. No jail time for lawyer convicted on child-porn charges (03/31/2009)
  4. Ex-Appeal Court employee spared jail in kid-porn case  (04/01/2009)
  5. Dolovich spared a prison sentence  (04/01/2009)


2010
  1. Discipline Case Digest   (10/07/2007)

2011
  1. Law Society of Manitoba: Notice  (01/2011)
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2001 Kosher Supervision Guide
Kashrus Magazine - 2001

Manitoba Kosher ("MBK"), C306-123 Doncaster Street, Winnipeg, Manitoba,
MB R3N2B2. (204) 487-9571; Fax: (204) 477-7405. Gary Dolovich, Executive Director; Vaad: Rabbi A. Altein, Rabbi Y. Benamou, Rabbi M. Stern

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Integrated Child Exploitation Unit
Winnipeg Police Service - July 20, 2006

Gary Philip Dolovich, 39 years of Winnipeg has been charged with Importing/ Distributing Child Pornography X 17. He has been detained in custody.

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I.C.E. Unit Arrest - Gary Dolovich
Winnipeg Police Service Media Release - July 20, 2006


(click on image to enlarge)


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Local man arrested in Toronto for child porn
By Paul Turenne
Winnipeg Sun (Winnipeg, Canada) - July 20, 2006

A 39-year-old Winnipeg man has been charged with 17 counts of distributing child pornography.
Gary Philip Dolovich was arrested Tuesday at the Lester B. Pearson Airport in Toronto, upon his return from England, and was escorted by police back to Winnipeg yesterday.

Police accuse Dolovich of distributing child porn images via the Internet on 17 different occasions between May and September 2005.

The police evidence comes from computers seized during a February 2006 raid.

Dolovich was released on his own recognizance.

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Porn charges laid
Legal researcher hired by province accused
By Paul Turenne
Winnipeg Sun (Winnipeg, Canada) - July 21, 2006

A man hired by the province to research the law now finds himself fighting it.

Gary Philip Dolovich, 39, has been charged with 17 counts of distributing child pornography over the Internet.

The man, a lawyer on unpaid leave from his job as a legal researcher at the provincial Court of Appeal, was arrested Tuesday at Lester B. Pearson International Airport in Mississauga, Ont., as he got off a plane from England.

He was escorted back to Winnipeg by police officers Wednesday, then released on his own recognizance.

Police accuse Dolovich of distributing child porn through the Internet on 17 different occasions between May and September 2005. Police would not say to whom he was allegedly distributing it or where he allegedly got it from.

Const. Blair Good, a spokesman for Winnipeg police, said cops began to investigate the man after receiving a tip from a national police body that deals with child exploitation.
On Feb. 11, police seized several computers and hardware "from addresses known to" Dolovich, said Good.

Police would not specify where the computers were seized from. Jeff Schnoor, assistant deputy minister of courts for Manitoba Justice, said it doesn't appear any government computers were involved or that Dolovich was accessing child porn at work.

Following the February seizure, Dolovich was charged with one count each of possessing and accessing child porn. He was then released from custody with the conditions he not access the Internet, not possess any porn and avoid being alone with anyone under 18 years of age without the written permission of Child and Family Services.

PUT ON UNPAID LEAVE
Dolovich was put on unpaid leave from his job two days after the seizures, said Schnoor.

Martin Glazer, Dolovich's lawyer, said his client then went to visit family in England.

Meanwhile, police in Winnipeg combed through the seized computers and discovered what they claim is evidence Dolovich had distributed child porn on several occasions.
A Canada-wide warrant was issued for his arrest, and Dolovich was nabbed Tuesday as he returned to the country.

Glazer said his client had a return ticket to Winnipeg and was changing planes in Toronto. He doesn't understand why police didn't arrest him here.

Dolovich has again been released from custody on the condition he not leave Winnipeg. He also surrendered his Canadian and Israeli passports, since police now consider him a flight risk.

Since the man is a justice department employee, the Crown has brought in special prosecutor Marty Minuk to work on the case.

Dolovich's next court appearance is Aug. 31.

Glazer said his client is innocent until proven guilty and intends to fight the charges.

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Winnipeg lawyer accused of distributing child porn
By Mike McIntyre and Kevin Rollason 
Winnipeg Free Press (Winnipeg, Canada) - July 21, 2006

A Winnipeg lawyer who has been working as a researcher with the Manitoba Court of Appeal has been charged with distributing hundreds of photos of child pornography around the world through the Internet.

An extensive police investigation began last fall and has included the search and seizure of several computers -- including ones used by the province's highest court, the Free Press has learned.

Police have only uncovered images to date on personal computers but said yesterday their investigation is ongoing.

Gary Philip Dolovich, 39, was first arrested in February and charged with a single count of possession of child pornography. He was given a promise to appear in court and police didn't release any information to the public at the time.

Investigators continued to pore through computer hard drives and say they recently uncovered new evidence that led them to seek a Canada-wide warrant for Dolovich, who they learned had left the province.

Two city police officers flew to Toronto earlier this week and arrested Dolovich on Tuesday at Pearson International Airport. He was switching planes to fly home after visiting family members overseas.

Dolovich was held in custody overnight at the airport and returned to Winnipeg on Wednesday.

He was released on bail once again with several conditions including turning over his Canadian and Israeli passports, not having unsupervised contact with children and staying off the Internet. He must also remain in Winnipeg and not travel.

Dolovich is in the midst of divorce proceedings with his wife of eight years and is the father of two children, aged 7 and 1, according to court documents. The divorce proceedings have been ongoing since 2002.

Lawyer Marty Minuk has been retained by the province as a special independent Crown prosecutor to avoid any potential conflict of interest.

Defence lawyer Martin Glazer said yesterday Dolovich is presumed innocent and criticized police for releasing his client's name. He also questioned the logic of paying for two officers to fly to Toronto to arrest him.

"He always intended to come back to Winnipeg. We consider this a waste of taxpayers' money," said Glazer.

Glazer said he doesn't believe there will be any allegations his client was sending child pornography through his work at the Law Courts.

Winnipeg police spokesman Const. Blair Good said yesterday that police began their investigation in September 2005 after getting a tip that a man was "having conversations with several persons over the Internet and allegedly trading hundreds of child pornography images." A forensic examination of the computers allegedly found that between May and September 2005, child pornography images were imported and distributed on 17 different occasions, said Good.

Det. Sgt. Richard Lemire of the Manitoba Integrated Child Exploitation Unit said the 17 charges represent hundreds of pornographic images of children.

Dolovich was called to the bar in 1991 and worked briefly with the provincial government in its constitutional law branch, according to the Law Society of Manitoba.

Dolovich first began working as a researcher with the Court of Appeal in 1995 but left three years later. He returned for a brief stint in 2001 and then again in 2004.

Dolovich's employment with the Appeal Court was terminated weeks after his first arrest this year. Law Society records show his final day of work was March 20.



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Law Society of Manitoba
January, 2007




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Lawyer pleads guilty to kid porn
Winnipeg Sun - December 20, 2007

A Winnipeg lawyer has pleaded guilty to possessing and distributing child pornography.

Gary Philip Dolovich, 40, entered the pleas at a court appearance yesterday afternoon.

When arrested in July 2006, police charged Dolovich with 17 counts of distributing child pornography over the Internet. Dolvovich pleaded guilty yesterday to one count encompassing offences that occurred between February and October of 2005.

A sentencing date has not been set for Dolovich, a former legal researcher with the Manitoba court of Appeal.

Dolovich's lawyer, Josh Weinstein, said he's awaiting the completion of a psychicatric report and asked the case be adjourned to Jan 29.



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Attorney admits to child porn charges
By Mike McIntyre
Winnipeg Free Press - March 31, 2009

A Winnipeg lawyer who'd been working as a researcher with Manitoba's highest court pleaded guilty Wednesday to sending hundreds of photos of child pornography around the world via the Internet.

Gary Philip Dolovich, 40, will be sentenced early next year on two charges of possession and distribution of child pornography. He remains free on bail.
Dolovich was charged following the search and seizure of several computers linked to Dolovich including ones used by the Court of Appeal.
Police only uncovered images on his personal computer and found no evidence of crimes being committed at work.
Police said their investigation began with a tip that a man was having conversations with several people over the Internet and allegedly trading hundreds of images of child porn.
A forensic examination of Dolovich's computers found that between May and September 2005, child pornography images were imported and distributed on 17 different occasions, according to investigators.
Dolovich was first arrested in February 2006 and charged with a single count of possession of child pornography. He was given a promise to appear in court and police didn't release any information to the public at that time.
Investigators continued to pore through computer hard drives and uncovered new evidence and additional images that led them to seek a Canada-wide warrant for Dolovich in September 2006.
Dolovich was arrested in Toronto.
He was released on bail once again with several conditions including turning over his Canadian and Israeli passports.
Dolovich's arrest came in the midst of divorce proceedings with his wife of eight years. He is the father of two children, aged 8 and 2, according to court documents.
Dolovich was called to the bar in 1991 and worked briefly with the provincial government in its constitutional law branch. He first began working as a researcher with the Court of Appeal in 1995 but left three years later. He returned for a brief stint in 2001 and then again in 2004.
Dolovich's employment was terminated weeks after his first arrest.

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Child-porn addict 'has lost everything'
By Dean Pritchard
Winnipeg Sun - March 5, 2009

Gary Dolovich dissolved into sobs as he told a court yesterday how his addiction to child pornography and lurid online chats cost him his family, career, and reputation.
"I looked for the images that formed the basis of my arrest ... and I traded them to get more," said Dolovich, a former legal researcher with the Manitoba Court of Appeal.
"I involved myself in the most depraved conversations imaginable as part of a sick world that I voluntarily entered. I used the abuse of the most innocent people for the most selfish of reasons."
Dolovich, 41, previously pleaded guilty to one count each of possessing and distributing child pornography. Dolovich was arrested in July 2006 after Australian authorities alerted police in Ottawa to his online activities.
Yesterday, lawyers for the Crown and defence jointly recommended Dolovich receive a conditional sentence of two years less a day.
Dolovich's offences occurred between February 2005 and October 2005, predating new legislation mandating minimum sentences in real jail.
Special prosecutor Marty Minuk said the recommended sentence is consistent with previous sentences for similar crimes.
Court heard city police seized several computers from two addresses associated with Dolovich.
DISTURBING CHATS
A forensic examination of the computers uncovered 547 images of child pornography, the bulk of them involving children between the ages of three and seven engaged in explicit sex acts.
Further investigation revealed a series of disturbing online chats in which Dolovich traded child pornography with other men and discussed violently abusing the pictured children.
In one conversation, Dolovich claims to know the children featured in a traded picture and discusses a plan to "snatch them and rape them."
Later in the conversation, Dolovich proposes abandoning the children "in the middle of the province."
Once a gifted legal researcher, Dolovich now earns minimum wage as a courier, lives with his mother, and is estranged from his ex-wife and children, said his lawyer Josh Weinstein.
"He has lost everything," he said.
Judge Michel Chartier said he needed time to consider the joint recommendation and adjourned sentencing to a later date.
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Freedom for trader in child porn?
Plea deal may benefit ex-court researcher
By Mike McIntyre
Winnipeg Free Press - March 7, 2009

A former legal researcher with the Manitoba Court of Appeal who traded in child pornography and spoke of kidnapping and raping children should not go to jail and should remain free in the community, special Crown prosecutor Marty Minuk told court this week.
Minuk, a private lawyer hired by provincial justice officials to represent them to avoid a potential conflict of interest, is seeking a two-year-less-a-day conditional sentence for Gary Dolovich. He struck a plea bargain with Dolovich's lawyer, Josh Weinstein.
Minuk told provincial court Judge Michel Chartier the proposed joint recommendation is in line with penalties others have received in similar cases in Manitoba before tougher penalties were recently introduced.
Dolovich would receive a mandatory jail term under new federal legislation, but is exempt because his crime predates the changes.
Chartier has reserved his decision, saying he wants more time to consider the case law.
Dolovich, 41, broke down in tears at his sentencing hearing and told court his addiction to child pornography led him to enter into a "sick world" that has ruined his life. He had previously pleaded guilty to possessing and distributing lurid images of young children engaged in sex.
"I involved myself in the most depraved conversations imaginable as part of a sick world that I voluntarily entered. I used the abuse of the most innocent people for the most selfish of reasons," Dolovich said.
He was charged in July 2006 following an extensive police investigation that began in the fall of 2005. The case involved the search and seizure of several computers linked to Dolovich, including ones used by the Court of Appeal. Police uncovered images on his personal computer only, and found no evidence of crimes being committed at work.
Police said their investigation began with a tip from Australian authorities that a man was having conversations with several people over the Internet and allegedly trading hundreds of child-pornography images.
A forensic examination of Dolovich's computers found that between May and September 2005, child-pornography images were imported and distributed on 17 different occasions. A total of 547 images were found, most of them involving children between the ages of three and seven engaged in explicit sex acts.
Police also unearthed a series of online chats in which Dolovich discussed violently abusing the pictured children with other men with whom he was trading images.
In one conversation, Dolovich claims to know the kids in a certain picture and says he plans to "snatch them and rape them." He also claims he will abandon the children "in the middle of the province."
Weinstein told court his client has "lost everything" and now works as a courier, earning minimum wage and living with his mother. He's also separated from his wife and children.
Dolovich was called to the bar in 1991 and worked briefly with the provincial government in its constitutional law branch, according to the Law Society of Manitoba. He first began working as a researcher with the Court of Appeal in 1995 but left three years later. He returned for a brief stint in 2001 and then again in 2004. Dolovich's employment with the Appeal Court was terminated weeks after his arrest.

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No jail time for lawyer convicted on child-porn charges
By Mike McIntyre
Winnipeg Free Press - March 31, 2009

A former legal researcher with the Manitoba Court of Appeal who traded in child pornography and spoke of kidnapping and raping children will not go to jail, a Winnipeg judge ruled today.
Gary Dolovich was given a two year less-a-day conditional sentence, which allows him to remain free in the community. He was also placed on three years supervised probation.
Provincial court Judge Michel Chartier went along with a plea bargain that was struck by Dolovich’s lawyer, Josh Weinstein, and private lawyer Marty Minuk, who was hired by provincial justice officials to represent them to avoid a potential conflict of interest.
Minuk told provincial court during sentencing submissions last month that the joint-recommendation is on par with what others have received in similar cases in Manitoba prior to recently introduced, tougher penalties.
Dolovich would have been given a mandatory jail term under new federal legislation but is exempt because his crime pre-dates the changes.
Chartier had reserved his decision, saying he wanted more time to consider the case law.
Dolovich, 41, broke down in tears at his sentencing hearing and told court his addiction to child pornography led him to enter into a "sick world" that has ruined his life. He had previously pleaded guilty to possessing and distributing images of young children engaged in sex.
Dolovich was charged in July 2006 following an extensive police investigation that began in the fall of 2005. The case involved the search and seizure of several computers linked to Dolovich including ones used by the Court of Appeal. Police uncovered images on only his personal computer and found no evidence of crimes being committed at work.
Police said their investigation began with a tip from Australian authorities that a man was having conversations with several people over the internet and allegedly trading hundreds of child pornography images.
A forensic examination of Dolovich’s computers found that between May and September 2005, child pornography images were imported and distributed on 17 different occasions, according to investigators. A total of 547 images were found, most of them involving children between the ages of three and seven engaged in explicit sex acts.
Police also unearthed a series of online chats in which Dolovich discussed violently abusing the pictured children with other men he was trading images with.
In one conversation, Dolovich claims to know the kids in a certain picture and says he plans to "snatch them and rape them." He also claims he will abandon the children "in the middle of the province."
Dolovich was working at the time as a legal researcher with Manitoba’s highest court.
Dolovich was called to the bar in 1991 and worked briefly with the provincial government in its constitutional law branch, according to the Law Society of Manitoba. He first began working as a researcher with the Court of Appeal in 1995 but left three years later. He returned for a brief stint in 2001 and then again in 2004.
Dolovich’s employment with the Appeal Court was terminated weeks after his arrest.

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Ex-Appeal Court employee spared jail in kid-porn case
By Paul Turenne
Winnipeg Sun - April 1, 2009

A former Manitoba Court of Appeal employee who lost his job and his family after being caught with child pornography has been spared a prison sentence.
Gary Dolovich was handed a two-year conditional sentence and three years probation yesterday for one count each of possessing and distributing child porn. Dolovich, a former legal researcher with the province's highest court, was arrested in July 2006 and later pleaded guilty to both charges.
During a hearing for sentencing submissions a few weeks ago, court heard Dolovich now earns minimum wage as a courier, lives with his mother, and is estranged from his ex-wife and children.
"I involved myself in the most depraved conversations imaginable as part of a sick world that I voluntarily entered. I used the abuse of the most innocent people for the most selfish of reasons," Dolovich said at the hearing.
Winnipeg police arrested Dolovich after Australian authorities alerted police in Ottawa to his online activities.
Computers seized by police uncovered 547 images of child pornography, the bulk of them involving children between the ages of three and seven engaged in explicit sex acts.
Further investigation revealed a series of disturbing online chats in which Dolovich traded child pornography with other men and discussed violently abusing the pictured children.

Dolovich's offences occurred between February 2005 and October 2005, predating new legislation mandating minimum sentences in jail.

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Dolovich spared a prison sentence 
By Paul Tureene
Portage Daily Graphic - April 1, 2009

WINNIPEG - A former Manitoba Court of Appeal employee who lost his job and his family after being caught with child pornography has been spared a prison sentence.
Gary Dolovich was handed a two-year conditional sentence and three years probation yesterday for one count each of possessing and distributing child porn. Dolovich, a former legal researcher with the province's highest court, was arrested in July 2006 and later pleaded guilty to both charges.
During a hearing for sentencing submissions a few weeks ago, court heard Dolovich now earns minimum wage as a courier, lives with his mother, and is estranged from his ex-wife and children.
"I involved myself in the most depraved conversations imaginable as part of a sick world that I voluntarily entered. I used the abuse of the most innocent people for the most selfish of reasons," Dolovich said at the hearing.
Winnipeg police arrested Dolovich after Australian authorities alerted police in Ottawa to his online activities.
Computers seized by police uncovered 547 images of child pornography, the bulk of them involving children between the ages of three and seven engaged in explicit sex acts.
Further investigation revealed a series of disturbing online chats in which Dolovich traded child pornography with other men and discussed violently abusing the pictured children.
Dolovich's offences occurred between February 2005 and October 2005, predating new legislation mandating minimum sentences in jail.

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Discipline Case Digest
Law Society of ManitobaOctober 7, 2010

DISCIPLINE CASE DIGEST

Case 10-08 

Member: Gary Philip Dolovich 

Jurisdiction: Winnipeg, Manitoba 

Called to the Bar: June 20, 1991 

Particulars of Charges: Conduct Unbecoming (1 count): Breach of Chapter 1 of the Code of Professional 

Conduct [breach of Sections 163.1(3) and (4) of the Criminal Code of Canada  possession and distribution of child pornography] 

Plea: Not Guilty 

Date of Hearing: October 7, 2010 

Panel: D. Bedford (Chair), E. Leibl, Q.C., M. Browne 

Counsel: K. Dangerfield for The Law Society of Manitoba 
Member/Counsel for the Member did not appear 

Disposition: Disbarment    Costs of $2,086.56 

Conduct Unbecoming 

Facts 
On March 31, 2009 Mr. Dolovich was convicted of possession and distribution of child 
pornography contrary to sections 163.1(4) and 163.1(3), respectively, of the Criminal Code of  Canada. The criminal convictions did not relate directly to any contact or conduct with clients. Mr. Dolovich was charged with conduct unbecoming for failing to discharge with integrity his duties to clients, the court, the profession and the public. 

Plea 
The member chose not to attend the proceedings and no plea was entered by him. Accordingly, the panel proceeded as if a plea of not guilty had been entered. 

Decision and Comments 
The panel was satisfied that the Committee was properly convened, had the appropriate quorum, had the jurisdiction to hear the Citation against Mr. Dolovich, and that Mr. Dolovich had proper notice of the proceedings. The hearing proceeded in his absence. 

With respect to Mr. Dolovich’s criminal convictions, the panel determined that Mr. Dolovich’s conduct was inconsistent with his role as a lawyer and would cause both the other members of the profession and the public to seriously doubt whether he had the integrity to act as a lawyer in  accordance with his duties. Though Mr. Dolovich’s convictions were not related to any client matters, they represented private conduct of such an egregious nature that they risked undermining public trust in the legal community as a whole. The panel was satisfied that Mr. Dolovich had failed to discharge with integrity the duties owed to clients, the court and the profession in regard to the matters in question. The panel found that the Law Society had met the onus upon it and found Mr. Dolovich guilty of conduct unbecoming. 

Penalty 
The panel considered Mr. Dolovich’s plea of guilty at the criminal trial, and that he had sought and responded positively to treatment by the time of his criminal sentencing. While these factors were construed generally in Mr. Dolovich’s favour, the nature of the offences was such that they did not mitigate conduct which was in violation of the criminal laws Mr. Dolovich was required as a member of the profession to uphold. 
The panel ordered that Mr. Dolovich be disbarred and struck from the Rolls of the Society. In addition, it ordered that Mr. Dolovich be required to pay costs in the amount of $2,086.56. 

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Law Society of Manitoba: Notice
January, 2011





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