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June 07, 2023 - 7:00 PM
A BC lawyer who fabricated evidence while under investigation by the regulator has been disbarred for being "ungovernable."
According to a May 30 Law Society of BC decision, Victoria-based lawyer Aengus Richard Martyn Fogarty submitted fake websites as evidence, while under investigation for selling worthless historical Chinese bonds.
Chinese bonds are worthless but have been used in fraud schemes under the guise they're worth millions of dollars.
In 2019, the Law Society began investigating Fogarty's alleged involvement in selling historical Chinese bonds.
The lawyer then submitted fake websites from actual law firms in Singapore which said the Chinese bonds could be redeemed for cash.
The Singaporean law firms confirmed their websites had been altered and they didn't have anything to do with Chinese bonds.
The decision says when questioned about this, he gave incomplete responses and then became completely unresponsive.
"(Fogarty) has ignored or only partially replied to the Law Society on multiple occasions over a span of several years," the decision reads. "Moreover, he has shown complete disrespect and contempt for the Law Society and its role as the regulator by trying to avoid regulation by the Law Society by fabricating an affidavit for the purpose of attempting to mislead a disciplinary hearing panel."
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The Law Society goes on to say Fogarty's conduct is a "grave act of deceit."
Fogarty became registered as a lawyer in BC in 1987 and he was also registered as a solicitor in England and Wales from 1986 to 2002.
The decision says Fogarty lost his licence to practice in BC in 2020 for none payment of fees. He hasn't since responded to any of the actions from the Law Society.
The regulator says he has shown a consistent unwillingness to comply with professional obligations and is therefore "ungovernable."
The Law Society says he must be disbarred because of his ungovernability but says even if he was "governable" he'd still be disbarred for fabricating evidence.
"His refusal to respond is an attack on the regulation of the profession," the regulator says.
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Along with his disbarment, he owes the Law Society $6,620 in unpaid fees.
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