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Because his trust account is allowed to be used to do business in the Bahamas and China, the bar is cracking down on this former lawyer.
In fact, Willmar Carvajal He just received an 18-month ban, imposed by the Barrow-Quebec Disciplinary Council. The write-off began on June 21, 2022.
This case reported by Droit-Inc in 2020 begins in 2014. At the time, he promised a “public figure” $300,000 in commission for a $120,000 loan that was to be used to obtain $6 million in bank financing. Apartments in the Bahamas.
He’s a lawyer, me Michael Gautierwho then contacted former lawyer Willmar Carvajal, who has since been written off for reasons unrelated to this story.
Essentially, Mr. Carvajal then offered to one of his clients, Johann Lavoieto participate in a scheme consisting of providing a short-term loan – a bridging loan – in the amount of $120,000 that will be used to complete a multi-million dollar bank financing.
One of Michel Gauthier’s clients is seeking such funding, and the lawyer turns to Willmar Carvajal, who at the moment himself engages his client until she extends the amount.
At the same time, another client of Gauthier and Calvagar lawyers is seeking financing for an import-export business involving China.
Also remember that other lenders have been contacted, including the Canadian former goalkeeper Jose Theodorewho allegedly sent about $150,000 to Me Gauthier through Johanne Lavoie.
A dispute between the lenders ensued, and the two attorneys filed a lawsuit by Johan Lavoy, a client of Carvajal’s former attorney. Together they accuse them of seizing more than a million dollars. In December 2019, the two men were ordered by the Supreme Court to compensate Johann Lavoy $60,000.
This ruling will be appealed by Michel Gautier, and in June 2021 the Court of Appeal ruled in his favour. But she notes, “The trial judge clearly highlighted the disturbing nature of the circumstances in which the appellant, on behalf of an anonymous client, obtained loans–totaling approximately $215,000–that were never repaid.
But his client did not suffer any damages, because the sums invested were not hers, but “rather an amount which she borrowed from a gang in the street, and then returned it to the lenders whom he represents in this enterprise.”
It should also be noted that the Court of Appeal considers that “given the very specific circumstances of the case and the judge’s findings regarding the appellant’s conduct and testimony (Michel Gauthier), the latter would not be entitled to legal costs”.
On the other hand, William Carjaval is already sentenced to indemnify his client, and this punishment presents him to the Disciplinary Board, who found him guilty in February 2021 of “using his account or allowing it to be used as a trust for purposes unjustified and/or related to the practice of the legal profession or out of convenience”, so that The $160,000 referred to in the disciplinary complaint can be settled there.
In its decision, the Disciplinary Board notes that former lawyer Carvajal does not oppose the expulsion, but does not want to make it public “because of the future consequences that such publication may have on his business partners.”
Confirming that he has not practiced for 8 years, William Carvajal sees no point in publicizing his previous violations, especially since the publication of the disciplinary punishment against him could harm his current work.
He will now serve as an advisor for strategic and commercial development abroad, particularly in Panama and Peru.
Representing himself before the council, William Carvajal is inaccessible.
According to the Montreal Bar Association, William Carvajal was also prosecuted in 2018, when he was suspected of “acting in such a way as to lead to the belief that he was authorized to perform the duties of a lawyer or to do business”.
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