Winnipeg Free Press (Newspaper) - July 25, 2015, Winnipeg, Manitoba
C M Y K PAGE A9
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A WINNIPEG lawyer who worked
for more than two decades in the
Public Trustee's Office before
going into private practice has been
disbarred after misappropriating more
than half a million dollars from the estates
of his deceased clients.
Peter Ottavio Jachetta, who has been
a lawyer since 1974, and worked as
a public trustee lawyer from 1978 to
2003, was disbarred by the Law Society
of Manitoba on Monday after admitting
to misappropriating $ 597,077, from 25
estates he was hired to represent.
" This is a significant misappropriation,"
Kristin Dangerfield, the law
society's chief executive officer, said
Friday.
" Lawyers are really disappointed
when they see one of their colleagues
misappropriate money because it reflects
badly on all of them."
Dangerfield said while Jachetta
admitted to taking almost $ 600,000,
the net amount misappropriated was
about $ 416,000 because he used money
from one estate to reimburse another
estate.
Dangerfield said anybody who has
suffered a loss can apply to get back the
money through the law society's reimbursement
claims fund.
She said because the claims fund is
funded by contributions from Manitoba's
2,000 lawyers in the province,
the Jachetta case will cost each of them
about $ 200.
Dangerfield said the misappropriations
were discovered only through a
spot audit conducted by the law society.
Jachetta and his lawyer, Mike Cook,
could not be reached for comment.
A spokesperson for the Public Trustee's
Office also could not be reached
for comment.
An agreed statement of facts said
from just one of the estates, a woman
who died on July 30, 2007, Jachetta misappropriated
$ 307,095.40 from October
2008 to November 2013.
The woman's will named five charities
to receive funds from her estate,
but Jachetta didn't notify any of them
the woman had died or that they would
be receiving bequests.
Jachetta admitted that through the
years he withdrew from the estate more
than $ 130,000, claiming they were fees
and disbursements, and removed another
$ 173,000 to meet trust obligations
for 14 other clients.
The rest of the estates were bilked
between $ 859 to $ 49,640.
Earlier this week, Douglas Finkbeiner,
chairman of the panel that made the
decision to disbar Jachetta, ordered the
former lawyer to pay the law society
more than $ 42,000 in costs for the investigation,
prosecution and hearing.
" The misappropriations by Mr. Jachetta
are particularly egregious,
among the highest that we recall in our
law society history,"
Finkbeiner
said.
" These acts
took place over
many years in a
very deliberate
way, and these
misappropriations
were from
estates, and
because of the
circumstances
of dealing with
estates, these
individuals were
particularly vulnerable
to this
activity."
The panel was told Jachetta has a
history of " personal health and financial
problems" but Finkbeiner said
while they sympathize with the former
lawyer, " those circumstances in
no way excuse the very egregious and
disgraceful behaviour that he has carried
out.
" We wholeheartedly agree that disbarment
in the circumstance is the
only appropriate remedy."
The disbarment follows two other
high- profile cases in recent weeks and
years.
Earlier this month, veteran Winnipeg
lawyer - and former Canadian Bar
Association president - Barry Gorlick
was disbarred after admitting to
15 counts of professional misconduct,
including misappropriating more than
$ 87,000 from two trust funds.
Next month, former lawyer Robert
Fisher, who was disbarred after forging
a will and other documents to steal
$ 75,000 from a client's estate from 2009
and 2010, will be sentenced in court
after pleading guilty to forgery and
criminal breach of trust.
kevin. rollason@ freepress. mb. ca
Lawyer disbarred for bilking cash from estates
Misappropriated
nearly $ 600,000
By Kevin Rollason
' Lawyers
are really
disappointed
when they see
one of their
colleagues
misappropriate
money because
it reflects
badly on all of
them'
A_ 09_ Jul- 25- 15_ FP_ 01. indd A9 7/ 24/ 15 7: 16: 40 PM
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