Regulation Culture of B.C. disbars Vancouver law firm for misconduct
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An elderly Vancouver lawyer has been disbarred by the Regulation Modern society of B.C. and purchased to fork out more than $10,000 for misconduct in the course of much more than a dozen true estate transactions that could have facilitated income laundering.

A listening to panel of the Regulation Modern society Tribunal observed that Lubomir Ihor Huculak “failed to make reasonable inquiries of his purchasers in the encounter of too much to handle, objectively suspicious situation,” according to a news release issued by the legislation culture Wednesday.

The statement notes that Huculak has appealed the decision, and his disbarment might be stayed as a outcome.

THE TRANSACTIONS

The 15 actual estate transactions that ultimately led to Huculak’s disbarment transpired amongst 2011 and 2015.

Quite a few of them concerned a customer identified throughout the panel’s August 2022 choice on specifics in the circumstance as “EA,” who was referred to Huculak by yet another consumer determined as “MK.”

In accordance to the conclusion, Huculak 1st achieved MK in 1999 though “functioning on some authentic estate transactions.” In 2009, MK was indicted and pleaded guilty to conspiracy to visitors cocaine in the United States.

“In some publicly out there and available media studies of MK’s 2009 prison conviction, EA was discovered as the leader of the ‘EA Drug Trafficking Business,'” the decision reads. “The exact media stories alleged that the transnational drug trafficking firm was tied to funds laundering and was based out of Vancouver.”

MK referred EA to Huculak in 2007, according to the determination. The lawyer represented EA in an estate litigation involving a downtown Vancouver apartment that was owned by EA’s then-girlfriend, who experienced recently died of a drug overdose.

That litigation – which involved competing statements of possession of the apartment from EA and his deceased girlfriend’s grandmother – lasted for four a long time, for the duration of which time the articles about MK’s arrest and EA’s alleged legal firm have been published.

The opposing lawyer in the situation explained to the tribunal panel that she provided the news articles or blog posts in the file, but couldn’t remember if she had questioned EA about them through his evaluation for discovery.

Other allegations of criminality by EA did arrive to mild during that situation, in a context in which Huculak would have been informed of them, in accordance to the choice.

“At demo, (the grandmother) gave sworn proof in support of her perception that EA experienced killed her granddaughter in order to obtain a home loan insurance plan payout on the Drake Street home,” the final decision reads. “The respondent (Huculak) was existing for this evidence.”

For these and other reasons – these kinds of as “modifying work info and addresses” for EA and other clientele, and payments currently being created to EA and MK for transactions they have been not component of – the tribunal panel concluded that the circumstances have been “objectively suspicious” and Huculak had an obligation to make affordable inquiries just before acting.

THE PENALTIES

The tribunal panel also uncovered that, in one of the transactions, Huculak unsuccessful to establish and validate his consumers. He also misappropriated around $4,700 in trust funds and produced a false invoice.

In looking at what style of sanctions would be suitable, the panel weighed submissions from the legislation culture and from Huculak.

The attorney argued that a just one-thirty day period suspension of his suitable to exercise and a restriction on his ideal to observe in true estate matters would be enough.

He instructed the panel he is in his 80s and techniques law section time, and that the misconduct in concern occurred a very long time in the past.

He also supplied beneficial character references and argued that his function as an honorary consul to Ukraine designed it vital that he stay equipped to observe as a lawyer in purchase to provide pro bono enable to the Ukrainian neighborhood with legal and notary desires, according to the selection on sanctions, which was issued this 7 days.

Huculak even more told the panel that the law culture experienced not tested that he had “subjective awareness of the objectively suspicious character of the transactions,” the final decision reads.

For its portion, the regulation modern society argued that disbarment was “the only sanction sufficient to shield the public desire” and serve as a deterrent to upcoming misconduct, either by Huculak or other lawyers.

The culture also argued that Huculak’s misconduct will have to be found in the context of “latest expertise of the extent and pitfalls of cash laundering in British Columbia,” in accordance to the sanctions selection.

“When there is no proof of real fraud or cash laundering, that is entitled to minimum excess weight in the panel’s analysis,” the choice reads.

“Though it would have been a lot more aggravating if these proof was found, it is not needed to the locating of expert misconduct that there be real evidence of fraud or funds laundering. The panel discovered that the respondent’s carry out made a risk to the community to this kind of a diploma that his inaction amounted to qualified misconduct. It is the creation of that recurring chance that is to be sanctioned.”

The panel ordered that Huculak be disbarred. It also purchased him to spend $10,001.88 within just a person calendar year, to partly include the costs of the proceedings from him.