Tag: Paul Schabas

Law Society of Ontario calls for input into money laundering rules… Foxes designing hen house security

Money Laundering needs specialists

Lawyers are key to successful money laundering. That’s why the rules shouldn’t be left up to them.

During his acceptance speech as the co-winner of the 2015 Allard Prize for International Integrity, journalist Rafael Marques de Morais said “(unethical) Lawyers are servants in the architecture of corruption.”

Indeed they are. Lawyers are very necessary servants in the architecture of corruption for without lawyers willing to assist their valued clients, money laundering would be much more difficult for organized crime, crooked politicians, cheating corporations and others so inclinded to wash and conceal money here in Canada or offshore.

With Canadian banks and other named businesses having to report to the government large cash transactions (deposits or withdrawals over $10,000 cash) and also suspicious transactions – lawyers are the go-to people for weaseling around the laws because they are largely exempt from the reporting rules and constraints of non-lawyers. Plus, lawyers have a vast array of creative tools and strategies available – not to mention an international brotherhood that is experienced in working around inconvenient laws.

After 9/11, Canadian lawyers fought hard to keep from being more closely regulated and scrutinized over the issue of money transfers. They succeeded for a time, but the pressure is on again.

“The Law Society ‘solution’ for preventing money laundering is to rely entirely upon the integrity of individual lawyers – with no accounting or oversight by the law society or anyone else unless a complaint is made. Given that those involved in money laundering would never complain to the law society, that wraps things up quite nicely.”

Law Society of Ontario calls for input into money laundering rules

Canadian lawyers admit they are in fear of “the possibility of a renewed effort by the federal government to extend the PCMLTFA (Proceeds of Crime – Money Laundering – and Terrorist Financing Act) to members of the legal profession.” (See page 2 of the Law Society of Ontario’s Call for Input – download 1mb pdf here.)

As a result, the law societies across Canada have banded together with the Federation of Law Societies of Canada to present a little dog and pony show for the public and the legislators (who are primarily legal profession club members themselves.) The ‘club’ created a ‘Professional Regulation Committee’ and is calling for input from lawyers to the proposed amendments to the Anti-Money Laundering Rules.

A few minor changes coupled with a public relations campaign should do the trick… anything to stave off effective regulations that would cramp the profession’s ability to creatively serve the needs of their big-paying clients that they don’t want anyone to look at too closely.

You will note how the LSO proposal deals with transfers of cash, identifying and verifying clients and the use of lawyer’s trust accounts. A closer read shows that the proposed changes still leave lots of leeway and discretion to individual money-laundering lawyers. The money laundering toolbox is still intact with private mortgages, property transfers, offshore corporations and lots more tools still viable as lawyers’ secret conduits for tainted money.

Focus on Cash is a red herring.

The focus upon cash is a red herring for Canadian lawyers. Most of the money-laundering lawyers in Canada are not involved with large cash transactions through their own hands. By the time money arrives in their law firm accounts, it is coming through banks and from other lawyers in the form of documented transfers, real estate sales to apparent arms length parties and staged business dealings that have just enough appearance of legitimacy to protect the involved lawyers and law firms.

A Global Witness undercover investigation showed that 25% of New York lawyers would money-launder for strangers walking in off the streets. That was for strangers, not valued and known clients. Do we think that proportion of crooked lawyers is any different in Toronto, London or Barbados?

LSO Treasurer Paul Schabas (left) covered up fraud and money-laundering indicators for corrupt lawyer Gerald Ranking.

Law Society of Ontario Treasurer Paul Schabas knew that lawyer Gerald Ranking fraudulently used a fake business entity in Ontario courts, and that Ranking received a million dollars in a trust account for this phony purported client.

Intruding into this Law Society of Ontario dog and pony show are some serious facts that destroy the law society’s credibility to deal with apparent money-laundering by legal club member lawyers.

For instance, Law Society of Ontario Treasurer Paul Schabas was co-counsel with corrupt Fasken lawyer Gerald L. Ranking on a civil case where Ranking went wild with criminal misconduct. Schabas at the time was a bencher and a member of the law society’s discipline committee. (See ‘Paul Schabas and Canada’s Corrupt Bay Street Lawyers‘ for details and supporting court exhibits.)

What did Paul Schabas do when he learned that Gerald Ranking’s purported client in a civil case was actually a non-existent fictional creation?

Nothing. Absolutely nothing. Nada. Zilch.

What did Law Society of Ontario bencher Paul Schabas do when he learned that Gerald Ranking had received about a million dollars in a trust account for his ficticious non-existent client?

Paul Schabas and his law society knew that lawyer Gerald Ranking of Fasken Martineau DuMoulin LLP’s Toronto office fraudulently claimed that his purported client was a registered Barbados business – when in fact the ‘company’ was a phony non-entity conjured up to deflect liability from Ranking’s actual clients. Schabas and the law society also knew that Ranking received over a million dollars court costs payments in the name of the phony ‘company’ that Ranking knew didn’t really exist – a badge of money laundering.

What did Paul Schabas do when he knew that the million dollars could not possibly be deposited to the credit of the fake ‘business’ that the court awarded it to?

Nothing.

So you see… Law Society Treasurer Paul Shabas and the Law Society of Ontario cannot be trusted to administer, investigate and discipline lawyers who violate anti-money laundering rules, including the ‘know your client’ provisions.

And that was just one case. Here’s a few hundred more…

According to the Toronto Star’s Broken Trust investigation, in the last few years the Law Society of Ontario covered up and whitewashed hundreds of crimes by lawyers who committed criminal offences against their clients.

And now the Law Society of Ontario is proposing minor changes to the anti-money-laundering rules that will do little to stem the problem of money-laundering lawyers – the “servants in the architecture of corruption.”

It is time to bring Canada’s legal profession into compliance with modern standards of transparency, independent oversight and external accountability.

What Bill Browder didn’t know about Paul Schabas and Canada’s corrupt Bay Street lawyers

 

Cowardice and lack of Integrity at Ontario’s Law Society.

LSUC Treasurer Paul Schabas

Last week at the Cambridge Lectures, Hermitage Capital CEO and author Bill Browder spoke to a capacity crowd of top legal minds including Canada’s Chief Justice, the Right Honourable Beverley McLachlin.

But while Browder kept the audience on the edge of their seats with true stories of corruption and murder in Putin’s Russia, he didn’t know that the moderator beside him – the leader of Ontario’s Law Society of Upper Canada (LSUC), Paul Schabas – continues to whitewash corruption and criminal acts by members of Ontario’s Bay Street legal cabal.

Without courage, integrity means little

Bill Browder was client and friend of Russian lawyer Sergei Magnitsky; an honest and courageous law firm auditor who was falsely arrested after he exposed a corrupt scheme to steal hundreds of millions of dollars in Russian tax revenues. When Sergei refused to cower and retract his evidence, he was held without charges for almost a year, tortured and finally beaten to death in solitary confinement by Putin’s thugs.

Browder documented that story of the corrupt Russian justice system in his best-selling book Red Notice. His lobbying brought forth the USA’s Magnitsky Act that authorizes sanctions against the involved Russians, including the crooked police and justice officials who are servants in the architecture of corruption.

Now Browder and his family are also paying the price that comes from courageously standing against corruption. They are targets of death threats, surveillance operations, kidnapping plots and a well-financed media smear-campaign against Browder and his murdered lawyer.

“Bill Browder did not know that the moderator who introduced him, Paul Schabas, doesn’t have the integrity or courage to hold corrupt Bay Street lawyers accountable. By his continued silence, Paul Schabas facilitates corruption and protects rogue members of Ontario’s legal elites.”

Bill Browder with photo of his murdered lawyer Sergei Magnitsky*

Canadians don’t have to go to Russia to find corruption

Threats to rape and murder witnesses (1,2), falsifying evidence (3,4,11), lawyers bribing police (5,6,7), putting an innocent man in prison (3,4,11), and protecting the elites against charges of money-laundering (8,9,10) and other crimes doesn’t just happen in Russia: it happens in Canada as well.

And nobody knows that better than Toronto lawyer Paul Schabas, the current Treasurer of Ontario’s Law Society of Upper Canada.

In his capacity as a lawyer, as a law society bencher and finally as LSUC Treasurer, Schabas knew of and received every piece of evidence in the Nelson Barbados and Donald Best civil cases where three corrupt Bay Street lawyers (Lorne Silver, Gerald Ranking and Sebastien Kwidzinski) were caught red-handed fabricating evidence and lying to the court to imprison an innocent man.

Paul Schabas also was aware of the hundreds of anonymous internet threats against witnesses in the Nelson Barbados case – including threats to rape and murder the victims of a massive US$100 million dollar fraud. Schabas and his law society received solid forensic evidence that many of the anonymous internet threats against witnesses originated from the computer network at Toronto’s Miller Thomson LLP law firm. (1,2)

Schabas and the Law Society of Upper Canada ignored anonymous threats against witnesses proven to be emanating from Bay Street law firm Miller Thomson LLP

Paul Schabas and his law society also knew that lawyer Gerald Ranking of Fasken Martineau DuMoulin LLP’s Toronto office fraudulently claimed that his purported client was a registered Barbados business – when in fact the ‘company’ was a phony non-entity conjured up to deflect liability from Ranking’s actual clients. Schabas and the law society also knew that Ranking received over a million dollars court costs payments in the name of the phony ‘company’ that Ranking knew didn’t really exist – a badge of money laundering. (8,9,10)

Paul Schabas and the law society knew that lawyers Sebastien Kwidzinski and Gerald Ranking illegally paid a corrupt Ontario Provincial Police detective sergeant, James ‘Jim’ Van Allen, to work for them illegally on the side as an unlicensed private investigator, using police resources to gather evidence for their clients in a private civil case. (5,6,7)

Senior Ontario lawyers Gerald Ranking (center), Lorne Silver (right) and junior Sebastien Kwidzinski (left) lied to the courts.

Paul Schabas and the Law Society of Upper Canada ignored, whitewashed and covered up the entire mess to save three corrupt Bay Street lawyers: Lorne Silver, Gerald Ranking and Sebastien Kwidzinski.

And that was only the Nelson Barbados and Donald Best Ontario civil case.

As the Toronto Star newspaper’s Broken Trust series revealed, in the last few years the Law Society of Upper Canada also covered up several hundred other cases where Ontario lawyers committed criminal offences. (12,13)

At the Cambridge Lectures when Bill Browder gave his talk on corruption in Russia, he did not know that the moderator who introduced him, Paul Schabas, lacks the integrity and courage to hold corrupt Bay Street lawyers accountable. By his continued silence, Paul Schabas facilitates corruption and protects rogue members of Ontario’s legal elites.

“I will leave it to my readers to make what they will of the fact that in all these years, none of the people I name has sued me or asked the court for an injunction to remove my evidence and writings, or to curtail my future statements.”

Supporting Evidence for Statements of Fact

by Donald Best, former Sergeant, Detective, Toronto Police

For three years I, Donald Best, have published court documents and exhibits (including voice recordings and forensic reports) that detail my ten year journey through Ontario’s civil courts and prove criminal and/or other serious wrongdoing by senior Ontario lawyers, police personnel and at least one judge.

The corrupt senior lawyers and those in the legal profession who protected them made sure that no jury of my peers would ever be able to consider this evidence in a court. They were successful in preventing my civil case from reaching trial because the legal profession and the Canadian justice system closed ranks and did everything possible to protect these senior lawyers who are members of a very exclusive club.

Nonetheless, for three years I’ve told my story here and at other venues, including in the Globe and Mail newspaper and at the University of Windsor Law Faculty’s National Self-Represented Litigants Project.

For three years I’ve publicly named certain senior lawyers and police officers – called them “corrupt”, and published evidence of their criminal acts and other wrong-doing. I have published the name of an Ontario Superior Court judge and provided evidence of his actions that several senior lawyers and a retired Crown Attorney call “despotic”, “disgusting”, “reprehensible”, “malicious” and “worthy of his removal from the bench.”(14)

I will leave it to my readers to make what they will of the fact that in all these years, none of the people I name has sued me or asked the court for an injunction to remove my evidence and writings, or to curtail my future statements. Read more

Ontario’s Bay Street Cabal and law society circle the wagons to protect judge; Ignoring conflicts of interest and the public trust – #2 in a Series

Law Society of Upper Canada sides with Judge over misconduct some lawyers call “disgusting”, “reprehensible”, “worthy of removal from the bench.”

Surrounded by Law Society Benchers, newly elected Treasurer, Paul B. Schabas (centre), chairs his first meeting.

Our first article in this series exposed how Ontario Superior Court Justice J. Bryan Shaughnessy hired a conflicted lawyer to represent him in an ongoing Judicial Review of a Canadian Judicial Council decision about Justice Shaughnessy.*

Law Society of Upper Canada senior bencher Peter C. Wardle is Justice Shaughnessy’s new attorney. However, in a closely related matter Wardle also represented two lawyers who are almost certain to be called as primary witnesses in a CJC investigation or public inquiry into allegations of serious misconduct against Justice Shaughnessy.**

Of the over 50,000 licensed lawyers in Ontario, Justice Shaughnessy just happens to be represented by Mr. Wardle – the only lawyer in Canada who:

  1. represented two important witnesses to the judge’s misconduct in a closely associated legal matter, and,
  2. represented eleven high profile law firms and lawyers (including the current Treasurer of the law society) in the same closely related matter, and,
  3. is a senior bencher of the Law Society of Upper Canada (‘LSUC’) – the regulator of all lawyers and paralegals in the province that has been extensively involved in this very series of legal actions, and,
  4. works closely with LawPRO, the law society’s company insuring lawyers in Ontario that is also involved in legal matters closely associated with the current Judicial Review.

Senior bencher Peter Wardle represented lawyers Gerald Ranking and Lorne Silver during a civil law suit launched in July, 2014 by former Toronto Police Sergeant (Detective) Donald Best. Wardle represented a total of 11 lawyers and law firms in that lawsuit, including some of Canada’s largest Bay Street law firms. (Best was forced to discontinue that lawsuit in 2015 when he could not pay hundreds of thousands of dollars in court costs previously awarded against him on the basis of false testimony by Ranking and Silver.***)

The Law Society of Upper Canada and its insurance company LawPRO have been following this series of actions in the courts since at least 2009, and became even more involved in 2014 when Donald Best sued lawyers Gerald Ranking, Lorne Silver, bencher Paul Schabas and other people and entities who acted in the civil lawsuit that saw Best maliciously convicted of contempt of court and sentenced to prison upon provably fabricated and false evidence.

Paul Schabas

Today, Paul Schabas is law society’s highest elected official, the Treasurer. Schabas and his Blakes law firm appeared extensively before Justice Shaughnessy on the Best legal cases and acted in concert with lawyers Ranking and Silver during many motions and submissions against Best and his company.

As a senior bencher, Peter C. Wardle is an elite on the inside of the law society. He regularly acts for the law society’s LawPRO lawyer insurance arm and probably did so during Donald Best’s civil lawsuit against Ranking, Silver and Schabas. He serves on internal committees and often works directly with Treasurer Paul Schabas.

Wardle undoubtedly gained privileged, insider information about the case and about Justice Shaughnessy’s actions during the case, from his clients Ranking, Silver and Schabas. Wardle also likely gained similar insider information about the case that he obtained formally or informally as a direct result of his position as senior bencher and/or his relationship working with LawPRO.

Many persons find this arrangement and the relationship between the Law Society of Upper Canada, LSUC senior management, LawPRO insurance, Bay Street law firms and Justice Shaughnessy, to be all too cozy.

Who is looking after the public trust and the broader interests of lawyers in Ontario in this Judicial Review of the Canadian Judicial Council? With these potential and real conflicts of interest, both ordinary citizens and lawyers I’ve spoken with have little confidence that the Law Society of Upper Canada is doing anything other than circling the wagons to protect a judge facing strong – even irrefutable – evidence of serious misconduct.

The question is asked by many:

Are the law society’s actions in this judicial review being driven by the broad public and professional interests… or, are the law society’s actions more closely aligned with the personal agendas of the involved LSUC senior leadership and Bay Street law firms?

Big Law Firm lawyers Gerald Ranking (left), Lorne Silver & Justice J. Bryan Shaughnessy

Lawyers Gerald Ranking and Lorne Silver are witnesses to Justice Shaughnessy’s serious misconduct

Gerald Ranking and Lorne Silver are connected to Justice Shaughnessy’s misconduct through a series of civil court actions involving Donald Best, and due to their presence with Justice Shaughnessy on May 3, 2013 during at least some parts of the judicial misconduct.

The lawyers were also involved in a previous incident during the same civil case where Justice Shaughnessy backdated a court order for them on November 12, 2009 – backdated ten days to November 2, 2009.****

Here is a basic summary of what lawyers Ranking and Silver witnessed and may have witnessed during Justice Shaughnessy’s misconduct on May 3, 2013:

  • On May 3, 2013, both Ranking and Silver were present in court and witnessed Justice Shaughnessy declare (on the transcript) that he would not set aside his January 15, 2010 conviction of self-represented litigant Donald Best for contempt of court. Justice Shaughnessy ordered that the stay on his original January 15, 2010 warrant for the arrest and imprisonment of Donald Best would now be lifted, and that Best would be taken to prison to serve his 3 month sentence according to Justice Shaughnessy’s January 15, 2010 warrant of committal and court order.
  • Ranking and Silver also witnessed Justice Shaughnessy order that Best was not to have input into any court order to be made on that day May 3rd 2013 and that Ranking and Silver would prepare an order for Justice Shaughnessy.
  • Ranking and Silver also witnessed the judge order that Donald Best was never again to be brought before him, and that some other judge must deal with Best in the future.
  • Ranking and Silver witnessed that court ended, the judge left and then the court staff packed up and left. Court Police allowed Donald Best 10 minutes to pack up, after which he was taken in handcuffs to the basement cells and then to prison.
  • After court had finished on May 3, 2013 and Donald Best had been taken away to serve his three-month sentence, Justice Shaughnessy went to a backroom and secretly signed a new and secret warrant of committal that increased the Best’s prison time by a month. Justice Shaughnessy did this off the court record, out of court, without telling the self-represented prisoner and without placing the new warrant of committal or any mention of it or the increased sentence into the court record. This was all contrary to the sentence and order the judge himself delivered earlier in court on the record.
  • The judge gave the only copy of the new warrant to prison authorities after ordering that Best was not to have knowledge of the creation of the court order.
  • As secretly planned and arranged by Justice Shaughnessy, Best only discovered the increased sentence when informed by authorities at the prison.

The above shows that lawyers Ranking and Silver are, at the very least, important witnesses to parts of Justice Shaughnessy’s misconduct on May 3, 2013 – raising questions about conflicts of interest now that Peter C. Wardle is representing Justice Shaughnessy.

Complicating the conflicts of interest even further, lawyers Gerald Ranking and Lorne Silver may not be just witnesses. Court transcripts indicate it is also possible that these lawyers assisted Justice Shaughnessy in carrying out his judicial misconduct.

Details on the Gerald Ranking and Lorne Silver story are coming next week.

New Series: Abandoning Public Trust: Conflicts of Interest by Ontario’s legal profession

The series…

Part 1: Justice Bryan Shaughnessy chooses conflicted lawyer as personal counsel in Judicial Review.

Part 2: Ontario’s Bay Street Cabal and law society circle the wagons to protect judge; Ignoring conflicts of interest and the public trust.

Part 3: Did Lawyers Ranking and Silver know of Justice Shaughnessy’s intentions and actions? Did they assist in his judicial misconduct?

Part 4: Should conflicted lawyer Peter C. Wardle resign from representing Justice J. Bryan Shaughnessy?

Part 5: Abandoning the Public Interest. When Canada’s legal profession circles the wagons to save club members, who looks after the interests of Canadians?

Part 6: Previous incident – How Justice Shaughnessy backdated a court order for lawyers Gerald Ranking and Lorne Silver.

… Additional articles in this series will be added later.

Notes

*  Justice Bryan Shaughnessy chooses conflicted lawyer as personal counsel in Judicial Review.

**  Federal Court refuses to release judge from Judicial Review of Misconduct Complaint

*** Best secretly and legally recorded phone call with lying lawyers Gerald Ranking and Lorne Silver

**** Details and court exhibits coming in Part 6 – Previous incident – How Justice Shaughnessy backdated a court order for lawyers Gerald Ranking and Lorne Silver.