Chair of Canuck Autism Network William MacDonald.
Image Credit: Canuck Autism Network
February 02, 2023 - 6:00 PM
The chair of a Vancouver Canucks charity is currently under investigation for fraud.
Lawyer William Lorne MacDonald stands accused by the Law Society of B.C. of "assisting in, encouraging and/or facilitating dishonesty, crime or fraud" in using his trust account.
According to a Jan. 30 Law Society of B.C. decision, MacDonald is alleged to have used his trust account to "obtain proceeds of a fraudulent scheme to manipulate the securities market."
The North Vancouver lawyer has been practicing law in B.C. since 1999 and also sits as the chair of the Canucks Autism Network.
The circumstances around the alleged fraud aren't given in the decision but the Law Society alleges MacDonald permitted funds to "flow through" his trust account in "objectively suspicious circumstances and in the absence of legal services."
He also stands accused of "assisting in a fraudulent scheme to manipulate the securities market, and... failing to withdraw as (a) lawyer when (he) knew or ought to have known that he was assisting the client in fraud or other illegal conduct."
The decision says Macdonald has practiced exclusively in the areas of corporate finance and securities law.
His profile on Canucks Autism Network website states he is the founder of Macdonald Tuskey describing it as a "boutique" securities and corporate finance firm he started in 2008. Prior to that, he was a partner with Clark Wilson LLP.
MacDonald has been in trouble with the regulator before, and in 2019 was suspended for two months and fined $1,000 for the "misappropriation" of $1,977.
He's also fought hard to keep his name out of the public eye.
In the Law Society's decision, he argued publication of his name would cause "grievous harm" to "certain public and private companies" he has a prominent role in. The decision doesn't name the companies or the Canucks Autism Network.
In a Canucks Autism Network blog post, MacDonald said he founded the company Akiva, a virtual reality educational tool for autistic children.
READ MORE: Vernon lawyer under investigation by law society
In the decision, MacDonald said publishing his name will cause a "catastrophic loss."
However, the Law Society didn't buy it.
"While I accept some potential exists that publication of (MacDonald's) identity may have a negative effect on the reputation and finances of these companies and charity, I find it speculative to say that it is any more than a possibility," the decision reads. "I also find no evidence to show that even if 'catastrophic' personal and professional loss might be relevant to the analysis, which again I do not decide, publication will create such a situation for (MacDonald). I find nothing in the evidence to take this beyond the public scrutiny, embarrassment and intrusion on privacy that is necessarily a part of these disciplinary proceedings."
He was successful in having his name anonymized when he took the Law Society to the B.C. Supreme Court after it began its investigation.
According to a May 13, 2021 B.C. Supreme Court decision, the Law Society began an investigation into his entire legal practice in October 2019.
The court document doesn't identify MacDonald but references the lawyer's 2019 two-month suspension.
MacDonald argued the Law Society's seizure of his firm's records went against his Charter rights.
The Supreme court decision says the Law Society wrote to MacDonald in February 2020 about its investigation.
"There are concerns arising from your having acted for or engaged with entities and individuals who were apparently involved in market manipulations as determined by the Securities and Exchange Commission," the decision says.
MacDonald lost the case and took it to the B.C. Court of Appeal but was again unsuccessful in October 2021.
None of the allegations have been proven.
Numerous messages left for MacDonald seeking comment were not returned.
READ MORE: B.C. lawyer accused of 'misappropriating' $1.3 million
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