Magical Lawyer Makes License Disappear

An attorney was permitted to surrender his license after he had admitting defrauding his criminal client by the Tribunal Hearing Division of the Law Society of Upper Canada.

Mr. Munir represented a client in a criminal prosecution for sexual assault. Eight days before the trial, the Crown told Mr. Munir that it was discontinuing the prosecution because the complainant had recanted the allegations. The charges were to be formally discontinued on the first day scheduled for the trial.

Mr. Munir phoned his client’s sister the day after he learned the charges would be discontinued, telling her that he was making an “under the table” deal to have the charges dropped. He said that it involved police bribery, was “top secret” and that she should not tell anyone. He told her to come up with money so he could negotiate the bribe. The same day he talked to the client. He said that if no money was provided for a bribe there was a chance the client would have to go to jail.

The client’s sister learned that the charges were being dropped, but did not tell Mr. Munir that she knew. He phoned her again and told her he needed the money by that evening because the police officers with whom he was trying to make a deal were working nights. The client’s sister then went to the Toronto Police Service to make a complaint. She agreed to be an agent for the police in investigating Mr. Munir.

 The day before the withdrawal of the charges was to happen, Mr. Munir exchanged a series of text messages with the client’s sister trying to co-ordinate payment of the money:

LAWYER: This is urgent try to understand we need a break not the cops

[SISTER]: I know it’s very important, but if we can’t make it tonight what will happen to my brother’s charges?

LAWYER: Well a trial is in the hands of the judge. He can send a person to jail or acquit. I will strongly suggest we meet tonight. Trial is tomorrow. Call me ASAP.

[SISTER]: Am driving will call you when stopped.

LAWYER: It’s your brother’s case and I expected that you would be very serious but what I see is little or no worry on your part.

[SISTER]: How much do I need to come up with?

LAWYER: Call me.

Mr. Munir and the client’s sister spoke several times later that day. He told her he needed $1,000 by 9:00 am the next day. Mr. Munir emphasized the urgency of the situation, noting that this was about her brother’s life and he could be deported as a result of the criminal proceeding. She agreed and said that a friend would help her get the money. In fact, the police had arranged for an undercover police officer to pose as the friend.

On the morning of the scheduled trial, the Lawyer spoke with the client’s sister who took a call from her “friend”. She told him the money would not be available until the next day. He told her he needed the money because the deal was done on his end and she had given him her word. He also reminded her that he was doing a lot for them and that she should keep her side of the bargain.

On the morning scheduled for the trial, the client and Mr. Munir sat outside the courtroom waiting for the court to open. At one point Mr. Munir left to go somewhere. When he returned, he told the client that he was “free to go”.

The next day, Mr. Munir met with the client’s sister and the undercover officer posing as her friend at a coffee shop to receive the $1,000. During the conversation, Mr. Munir said that

he was a “magical lawyer”; “it is always very hard… it takes cash”; he had been working on it for about two months and had to find the right person he could “guarantee” that the matter would end once the money was paid but if the money was not paid, there “can be problems” and the case could be re-opened within a year; and it was a police officer taking the bribe and the client could go back to jail if the money was not paid because “[c]ops are very powerful people.”

At the end of the discussion, the undercover officer paid Mr. Munir $1,000 in cash. He took it and was arrested and charged.

 In September 2014, he pled guilty to fraud and was sentenced to six months in jail followed by two years probation. He has completed his jail term and at the time of the hearing was on probation.

The tribunal considered evidence of damage caused by alcohol abuse and 

Mr. Munir spoke during the penalty hearing. He recognized that what he did was wrong and accepted responsibility. He accepted that his conduct was “horrendous” and affected all Ontario lawyers. He committed to becoming a better person in the future. Mr. Munir’s statement to us reflected what he said in his interviews with the Law Society and reflected his plea of guilty to the criminal charge. His remorse was genuine and showed his commitment to never doing anything like this again.

(Mike Frisch)