SearchLawyer Swindles Client Money11th August 2008 The Bahamas Bar Association yesterday released the disciplinary orders against suspended attorney Andrew Thompson, detailing the allegations made against him and the Disciplinary Tribunal's findings. In total, the tribunal has ordered that Thompson pay back $236,317 in clients' funds which he misappropriated. It also suspended the attorney from practice from July 17 for six months, and ordered that he pay back the money plus a four percent interest. He was also ordered to pay the Bar Association $1,500 in costs. The Tribunal found that his conduct "amounts to improper conduct inasmuch as it is conduct unbefitting a counsel and attorney." In the first matter, the tribunal heard the complaint of Kendrick and Darlesia Ferguson. According to documents sent to the Nassau Guardian, Thompson admitted that the contents of the Fergusons' affidavit were true. They alleged that Thompson failed to carry out his professional duty towards them. The Fergusons retained him when they sought to purchase a vacant piece of land in South Ocean Estates. They obtained a loan from Commonwealth Bank on January 25, 2006 to purchase the land, and the bank issued a check in the amount of $87,980 made payable to the Fergusons and sent to Thompson's office. But he did not forward the sum of $77,815 out of the sum he had received on the Fergusons' behalf to McKinney, Bancroft and Hughes, the vendors' attorneys. That sum, according to the documents, represented the closing fees for the sale. As a result, the transaction was terminated and the sale not completed. Thompson failed to return the $87,980 to the Fergusons despite requests for him to do so. The tribunal also heard another complaint against Thompson on July 17. This complaint was made by Waheed Sadique, formerly known as Wayde Whylly. Again, Thompson admitted the contents in the complainant's affidavit were true. Sadique alleged that the attorney improperly withheld funds from him that he ought to have received as the executor of his late father, Clarence Carroll's (aka Homer Carroll) estate. Thompson was retained to probate the estate. According to the documents, he wrote a letter to Sadique's brother, Mark Whylly on November 21, 2005, which outlined the cost of the service and the documents needed to commence the application. A grant of probate was obtained on July 5, 2006 and Thompson proceeded to collect, on Sadique's behalf, the funds standing to the credit of Clarence Carroll at the Royal Bank of Canada and Scotiabank (Bahamas) Limited. On March 8, 2007 Royal Bank sent a check of $164,722.03 to Thompson who in turn forwarded the funds to Sadique on March 15, 2007. The documents said Sadique enquired about the funds held by Scotiabank, but was told that the funds had not been received. After some months and making further inquiries, he learned that Scotiabank had sent the sum of $91,090.27 to Thompson on or about August 16, 2006. Sadique confronted Thompson about the matter and the attorney admitted that he was unable to disburse the funds to him as he had spent it. The attorney never paid the funds to his client, according to the documents. Sadique's affidavit contained other complaints alleging misconduct on Thompson's part, but the tribunal didn't address them. They included reported failure to record a power of attorney granted by Clarence Carroll to Pearline Whylly, Sadique's mother; and failing to account for monies he (Thompson) received as a result of his debt collection efforts on behalf of Carroll's company, Homer's Plumbing Services. On July 17, the tribunal also heard a complaint made against Thompson by Linda Bullard-Deveaux. As in the other matters, Thompson admitted the contents of Deveaux's affidavit were true. According to a letter Deveaux wrote to Bar Association President Wayne Munroe on August 13, 2003, she hired Thompson to represent her in a personal injury matter arising out of an automobile accident. She alleged that the matter was settled without her knowledge and Thompson was paid monies on her behalf of which she received only a part as the attorney admitted to her that he had spent the funds on medical expenses for his son. Deveaux's affidavit reveals Thompson paid her $30,000 of $65,000 he collected on her behalf, and that the sum of $35,000 plus interest remains outstanding. Should the attorney fail to pay back all the monies owed by September 17 he would be disbarred, the tribunal ruled. Categories: News |