Victoria lawyer faces Bar sanctions

Despite ceasing to be a member in 2020, Aengus Fogarty faces sanctions from the Bar

The Law Society of BC has ruled that a Victoria lawyer committed professional misconduct by filing false information in an affidavit at a society hearing and then failing to provide complete information to the Law Society when she asked for details on the affidavit.

Aengus Richard Martyn Fogarty now faces the prospect of sanctions from the society, despite having ceased to be a member in 2020 for non-payment of dues.

“Although we cannot commit to a firm schedule, we are in the process of scheduling the disciplinary hearing and that date will depend on the availability of counsel and the hearing panel,” the Law Society said in a statement. a statement. Times Colonist.

The statement also said that the fact that Fogarty is no longer a member of the society – he ceased to be a member in 2020 due to non-payment of dues – will not affect the sanctions. The Society has on occasion terminated and suspended former members.

The company said Fogarty filed an affidavit at another hearing that included false, misleading and fabricated statements intended to mislead a Law Society hearing panel.

That hearing focused on allegations that Fogarty failed to cooperate with an investigation into his involvement in historic China bond transactions. The company had investigated Fogarty’s alleged involvement in the sale of the bonds.

According to the Law Society, historic Chinese bonds have been described by courts and securities regulators as worthless, but although they have no real value except as novelty collectibles, they have made the object of fraudulent schemes in which the bonds are represented as being worth millions. of dollars.

The company noted in its decision that Fogarty has not responded to initial requests for investigation and has yet to provide requested information. He also said Fogarty refused to substantially respond to requests for the bogus affidavit.

The ruling noted that Fogarty, in email exchanges with the Law Society, first gave incomplete answers and then, following a suspension, became completely unresponsive.

Fogarty, who was called to the bar in 1987, was suspended from practicing law in June 2021.

The company concluded that Fogarty presented misleading and fabricated evidence to a hearing panel, which it says is gross professional misconduct.

He noted that lawyers are required to cooperate fully with Law Society investigations and respond promptly to requests for information. Failure to do so also amounts to professional misconduct.

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