A former lawyer has repaid a total of R1.46 million to the Legal Practitioners Fidelity Fund following his conviction on four counts of fraud at the Bellville Commercial Crimes Court. 

Mogamat Rushdie Lagardien, who was debarred as an attorney in 2014, was convicted after he misappropriated funds paid by clients and other parties into a trust account and used them for his own benefit.

National Prosecuting Authority spokesperson, Eric Ntabazalila, confirmed that Lagardien’s prison sentence of 10 years was suspended for five years. The sentence was suspended on condition that he is not convicted of fraud, conspiracy to commit fraud and theft, or an attempt to commit any of the latter offences committed during the period of suspension.

Lagardien was convicted for fraud, conspiracy to commit fraud, and theft.

Immediately after the court sentenced him, Lagardien paid the amount on November 10, said Ntabazalila. 

“The sentence follows a plea and sentencing agreement reached between the State and the accused. The former attorney was the director of Adams and Partners trading as Lagardien Incorporated. He was struck off the roll of attorneys on October 17, 2014, at the High Court of South Africa: Western Cape Division on October 17, 2014,” said Ntabazalila.

Lagardien was required to open and maintain a trust account under the provisions of the Attorneys Act 53 of 1979.

The trust account was held in the name of Adams and Partners Incorporated t/a Adams and Partners Incorporated.

Lagardien had received money that belonged to his clients and was required to keep these funds in a trust account while handling civil cases and property sales for these clients.

“The accused decided to misappropriate funds paid by clients and/or other parties into the trust account and used them for his own personal benefit. The fidelity fund received four claims against Lagardien Inc’s trust account, totalling over R1.5 million, in the amounts of R350,000, R560,000, R387,319, and R240,000. 

“The monies were supposed to be paid to the clients on finalisation of transactions for which the accused and/or the firm had provided legal representation. He admitted that he knew that monies paid into his trust account would not be held in trust, and he would not reimburse the clients but would use them for personal use. He admitted that his actions caused the Legal Practitioners Fidelity Fund to reimburse the clients,” said Ntabazalila.

In the agreement, senior State advocate Siphokazi Makanda argued that Lagardien, who was a practising attorney at the time of the commission of the offences, was in a position of trust and his actions had brought the legal profession into disrepute.

chevon.booysen@inl.co.za

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