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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Toronto Lawyer’s $2 Million Dollar Fraud Conviction Upheld

GEO#1Yesterday the Ontario Court of Appeal dismissed Toronto corporate lawyer, Remy Boghossian’s appeal from his 2015 conviction for an almost $2 million dollar fraud on the Royal Bank of Canada. (R. v. Boghossian, 2017 ONCA 870 CanLII)

The scam involved Mr. Boghossian and two co-accused acquiring a forged TD Canada Trust bank draft for $1,895,751 in February 2011 from an unidentified bank insider at the Mississauga branch of the TD bank. The funds were then deposited into Mr. Boghossian’s trust account, whereafter he purchased, in two separate transactions, Australian-minted gold bullion from a company in Montreal.

Mr. Boghossian’s lawyer argued that his client purchased the gold on behalf of a client, Omar Ali, who was a real estate developer going through a divorce who wanted to hide the money from his wife. He asserted that his client was a victim of the scam and had been duped into participating. The trial judge found that Mr. Ali did not exist and was created to advance the fraud. He held that a strong circumstantial case had been established and that the three accused acted together to knowingly defraud the Royal Bank by presenting a forged TD bank draft.

The court heard that Boghossian’s two accomplices tried to sell some of the gold bars, but a wary gold dealer recognized the “kangaroo” logo on the bars and contacted the police.

What remains a mystery is who the insider at the TD Bank is and where the gold bars are now. Media reports indicate that the police have discontinued their investigation of these two matters.

Mr. Boghossian also appealed his 3 1/2 year sentence, arguing that as his co-accused only received 3 years each, his sentence should be reduced to three years. The Court of Appeal dismissed the sentence appeal saying:

“In our view, the extra six months awarded the appellant does not raise parity concerns. The appellant was a lawyer. His status as a lawyer and the role his status as a lawyer played in the commission of the offence justified treating this as an aggravating factor, warranting a somewhat higher sentence for the appellant. We see no error in the sentence imposed.”

It is expected that the Law Society of Ontario will disbar Mr. Boghossian.

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