Disbarred BC Lawyer Refused License in Ontario

GEO_edited-1Malcolm Zoraik was on the losing end of a motor vehicle personal injury case in Victoria, but he didn’t take losing well. Instead, a week after the jury verdict he surreptitiously delivered a letter directed to the Sheriff at the Victoria Courthouse that alleged jury tampering and described circumstances that could only have been his case. His apparent goal was to have a mistrial declared and a second kick at the can.

The police investigation included an interview with Mr. Zoraik, who denied any involvement, but security video showed that he had delivered the letter and his fingerprint was found on the envelope. He was charged with public mischief, obstruction of justice, and fabrication of evidence, plead not guilty, and embarked on a 13-day trial asserting his innocence.

He was convicted of public mischief and fabrication of evidence and two days later signed an undertaking not to practice law in British Columbia. He was disbarred by the Law Society in May of 2013. He appealed his criminal convictions and the Law Society disbarment, losing his criminal appeal, but gaining a second hearing by the Law Society, who again revoked his license to practice in April of 2018.

In 2012 Mr. Zoraik moved to Ontario and enrolled at Osgoode Hall Law School and attained a Masters degree in business law. While in Ontario he filed for bankruptcy with debt of $267,000 including student loans. By 2014 he acquired an articling position in Ontario which was terminated by the Law Society, but upon his principal’s entreaties the articles were reinstated. The Law Society said that they didn’t need to assess Mr. Zoraik’s character.

In 2016 he applied for a license to practice law in Ontario, an application that was deferred until his BC appeals were completed, albeit the application was opposed by the Law Society of Ontario, alleging he lacked the required “good character” to become a member of the Ontario bar.

Remarkably, at the Ontario Law Society’s investigation, Mr. Zoraik refused to speak about his criminal convictions in Victoria. He was asked:

INVESTIGATOR: Okay. I’m just going back to something Shoshanna asked earlier. After the court out in B.C. to do with the letter, the letter that was there, Shoshanna asked how do you feel about it. Do you feel any – do you feel any remorse over your behaviour at that time?

And answered:

MR. ZORAIK: Like I said, I don’t want to get – get into that matter. Like as I said, I think it’s an indication of my level of respect and acceptance of – of the court’s verdict that – that I have kept myself to the utmost, you know, best behaviour. I haven’t had any – any issues before that or since that. So – so whatever lesson that was there for me, I’ve learned. That is it. So, you know, I hope you understand that it’s a legal proceeding, that I not going to go beyond that. I hope that – I hope you understand. (Inaudible). What more I can do. (Inaudible).

Despite multiple character witnesses, none of whom were aware of the details of his criminal convictions or the fact that his bankruptcy discharge was delayed by his Trustee; and a law firm prepared to hire him, the Law Society refused to admit him to the Ontario bar saying:

“The evidence he gave at his criminal trial was found to be evasive, not credible, tarnished, feigned or grasping. He was not believed…There is much speculation reflected in the multiple decisions arising from these matters as to why Mr. Zoraik, an experienced court interpreter and lawyer with 10 years’ standing, would engage is such criminal conduct.
No clear evidence was provided to us that shed any light on this point. We do not know what may have motivated or influenced Mr. Zoraik.”

In the absence of any explanation for his bizarre criminal behaviour and with no expression of remorse, the Law Society correctly determined that Mr. Zoraik would not have the privilege of practicing law in Ontario.

Lawdiva aka Georgialee Lang

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Update on Terrorist Lawyer

49afd8240a58bf0fb97d4a86105572c1In 2010 I wrote about American lawyer, Lynne Stewart, who collaborated with her client, blind cleric and terrorist Sheikh Omar Abdul-Rahman, leading to her arrest and conviction for conspiracy and passing messages to the Sheikh’s followers. Originally ordered to serve 28 months in prison, her sentence was increased to ten years by the appeal court, who were unimpressed with her flippant arrogance after her original sentencing and identified her perjury at trial as a relevant factor in the increased sentence. She was then 70 years old.

Ms. Stewart was retained in the early 90’s to defend Shiekh Omar Abdul-Rahman, spiritual leader of the Egyptian organization The Islamic Group. The Shiekh, who master-minded the World Trade Centre explosions on 9/11 was charged with terrorist acts in relation to the WTC and attempts to blow-up the United Nations, an FBI building, and several tunnels and a bridge in New York City. He was convicted and given a life sentence plus 65 years. It was reported that Ms. Stewart openly wept at his sentencing.

Between 1997 and 2002, Stewart, her interpreter and her paralegal continued to see the Shiekh in prison and were accused of passing messages from the Shiekh to his radical followers, who under his leadership, continued to plot jihadist attacks around the world.

At the core of the government’s case against her were secret videotapes and telephone recordings of her meetings with her client. In one recording she and the Shiekh were laughing at their clever arrangement to continue the jihadist work even while he was in prison.

Additionally, in breach of her agreement with the authorities that only legal matters would be discussed with her client, she made a public announcement on the Shiekh’s behalf which signaled to his followers that they should ignore a cease-fire agreement.

As a hero of the left, prior to her incarceration she was in great demand as a speaker and garnered the support of numerous organizations including the communist Pravda and George Soros’ foundation. Osama bin Laden recorded a video tape wherein he praised Stewart’s actions.

Stewart summarized her political agenda:

“I don’t believe in anarchist violence but in directed violence.
That would be violence directed at the institutions which
perpetuate capitalism, racism, sexism and at the people who
are the appointed guardians of the institutions and
accompanied with popular support.”

After her arrest in 2002 she told the New York Times that the Pentagon would have been a better terrorist target than the World Trade Towers on 9/11 because people in the Towers “never knew what hit them”.

In December 2013 U.S. District Judge John Koeltl ordered the “compassionate” release of Ms. Stewart, on account of terminal breast cancer and medical opinions that she had at best 18 months to live.

While she was to live quietly in her last months, her disease suddenly improved to the point where she began openly proselytizing to a variety of left-wing organizations and her adoring followers.

Giving a recent speech to an antiwar coalition, Stewart acknowledged receiving a letter from convicted felon Mutulu Shakur, imprisoned for participating in a 1981 Brinks robbery that left three people dead. Stewart’s terms of release prevented her from associating with felons, so she quickly corrected herself, saying her husband had received the letter from Shakur, who was once involved with the Black Liberation Army. She apparently smirked as she said:

“I don’t communicate with political prisoners because that’s a part of my probation.”

What I don’t understand is why convicted terrorists are even eligible for compassionate release? Ms. Stewart’s release on medical grounds reminds me of Libyan Lockerbie terrorist Abdelbaset al-Megrahi who was released from a Scottish prison in 2009 on compassionate grounds, based on evidence he had only three months to live. He served a mere 8 1/2 years on a life sentence and became a national hero in Libya. He lived an additional three years in his family’s villa, lauded and honoured in his native country.

There certainly are cases where compassionate release is warranted, but in cases of terrorism, early release is a travesty that ought never to occur.

Lawdiva aka Georgialee Lang

Lawyer’s Arrest Mid-Trial a Set-up by Opposing Counsel

10950859361151CDPFlorida radio “shock-jocks”, “Bubba the Love Sponge” Clem and Todd “MJ” Schnitt were engaged in an ugly defamation lawsuit, a case that spun out for five years, culminating in a tough-fought court battle that ended with Bubba declaring himself the victor. But the conflict between the two radio DJ’s took a back seat to the drama that unfolded when MJ’s lawyer, C. Phillip Campbell Jr., was busted for drunk driving in the middle of the trial.

Lawyer Campbell apparently got under the skin of Bubba’s lawyers at Adams & Diaco, so much so they repeatedly brought motions before the trial judge to have him removed as MJ’s counsel, with zero success. But according to Mr. Campbell’s DUI lawyer and the prosecuting attorney, Adams & Diaco found another way to get back at their courtroom adversary.

After court Mr. Campbell walked from his office/apartment to Tampa’s Malio’s Prime Steakhouse two blocks away. An attractive paralegal in the employ of Adams & Diaco was in the restaurant and saw Campbell. She quickly contacted her bosses and asked if she “there was anything she should do?” Following instructions Melissa Personious began a flirtation with Mr. Campbell, lying about who she worked for, and buying him drinks. Campbell wasn’t driving and enjoyed a few drinks.

Shortly after Campbell and Personious connected, lawyer Adam Filthaut from Adams & Diaco called a police officer friend who sat outside the restaurant for three hours waiting for Campbell to leave. Unfortunately, Campbell ended up driving Ms. Personious home in her vehicle, but was stopped and charged with DUI within the first five blocks. He refused to take a breathalyzer.

Notably, at the time Adams & Diaco contacted the police Campbell was stone-cold sober and upon his arrest there was no evidence he was over the limit for alcohol consumption.

During the investigation it became apparent that Ms. Personious was in constant contact with her employers, sending and receiving over 200 text messages and phone calls.

Eventually the charges against Mr. Campbell were dropped, the prosecutors comments included words like “collaboration” and “organized effort”. They said the intense communication between the paralegal and Adams & Diaco was “jaw-dropping”.

Campbell’s lawyer, John Fitzgibbons said:

“It is now absolutely clear that Mr. Campbell was the victim of a devious setup, And all honest and ethical police officers and lawyers should be deeply troubled over what happened.”

Meanwhile, Bubba tweeted:

“This setup nonsense has nothing to do with me or the fact that a jury of my peers found in my favor vs Todd Schnitt. This was just another weak attempt from the losers to justify why they got their a– kicked in court by me/jay diaco.”

Thankfully Adams & Diaco’s “dirty tricks” were the subject of discipline proceedings. Last month Stephen Diaco was disbarred with a stipulation that he could not apply for re-entry into the Florida bar for five years, and would have to retake the bar exam.

Robert Adams and Adam Filthaut entered conditional consent guilty pleas that would impose upon each lawyer a 91-day suspension and requirement to attend ethics school.

The Florida Bar’s Creed of Professionalism includes the following:

“I will strictly adhere to the spirit as well as the letter of my profession’s code of ethics, to the extent that the law permits and will at all times be guided by a fundamental sense of honor, integrity, and fair play.”

Lawyers like these need to be ferreted out of the profession.

Lawdiva aka Georgialee Lang

DISBARRED: The Series Part 9 Scott Saidel

GEO CASUALWhen hot-shot Florida attorney Scott Rothstein’s world of excess collapsed with his $1.2 billion dollar Ponzi scheme, it was inevitable there would be collateral damage, but who could have guessed that Rothstein’s massive fraud would also bring down his beleaguered spouse’s lawyer?

Rothstein’s wife, Kim, shocked by her husband’s criminal acts, had lawyer Scott Saidel by her side, as federal investigators moved to repossess their homes, their yacht, and all the other “stuff” they took such pride in as Rothstein bilked family and friends, all the while parading around Florida like a “big man on campus”.

Boca Raton attorney Scott Saidel, who called himself a friend of Kim Rothstein’s, apparently felt sorry for her, particularly after her husband was sentenced to 50 years in prison. Unfortunately, his compassion led him to participate in a fraudulent scheme to hide over $1 million dollars of her jewellery, including a 12-carat diamond ring, despite a court order that all assets be relinquished to the trustee in bankruptcy.

He then secreted over half a million dollars in his law firm trust account when she sold a portion of the gold and gems. But there was more. Mr. Saidel and Kim Rothstein also conspired to convince the imprisoned Mr. Rothstein to falsely testify that the 12-carat ring had already been sold, so that they could keep it away from the bankruptcy trustee.

Scott Saidel was charged with money laundering, obstructing justice and tampering with a witness. Ms. Rothstein and a girlfriend, who also took part, were also arrested and charged.

Florida newspapers reported that Mr. Saidel wept as he apologized to the court and others for his “error in judgment”, a characterization of his crimes that drew ire from prosecutors. Saidel’s attorney made a passionate plea to the court that out of her client’s desire to help a friend, he had lost his career, his wife and family, and all his assets. He was sentenced to three years in prison.

After reading the news stories I almost felt sorry for Mr. Saidel, until I learned that his “assistance” to his client/friend, added $65,000 to his personal coffers, a hefty sum he was ordered to disgorge as a result of the convictions.

I also learned that Mr. Saidel’s Florida disbarment was not the first time he had fallen afoul of the criminal law. Saidel had practiced law in Arizona, prior to moving to Florida, and was barred from the practice of law for six months after pleading guilty to two felonies arising from an incident that left two passengers in the vehicle he was driving suffering serious bodily injury. Excess speed and alcohol were major contributors to the accident.

Kim Rothstein awaits her sentencing.

Lawdiva aka Georgialee Lang