Bobroffs fought the law; law won

PERSONAL INJURY LAWYERS STRUCK OFF: JUDGES CITE LITANY OF TRANSGRESSIONS

Extradition papers are being prepared to bring father and son back to face charges

The National Prosecuting Authority’s (NPA’s) been preparing extradition papers to bring the Bobroffs back to SA to face the criminal justice system. A full bench of the Pretoria High Court listed a litany of professional misdemeanours as part of their reasons for striking off Ronald and Darren Bobroff from the Roll of Attorneys in December last year.

The reasons for this decision were released last week. They include numerous breaches of the Attorneys Act and a number of criminal offences, including potential evasion of VAT and income tax. Other specific finds state Ronald Bobroff and Partners’ (RBP’s) trust account “had lost its identity”, stating the Bobroffs used this account as if it was their own.

The Bobroffs fled SA for Australia in March last year, after the Hawks invited them to hand themselves over for arrest.

In response to Moneyweb questions, Ronald Bobroff denied the findings and instructed his legal team to proceed with an appeal. He also “strenuously” denied there was misappropriation of trust funds, stating there hasn’t been any claim against the attorney’s fidelity fund in terms of RBP’s trust account.

Delaying tactics

The judges found the Bobroffs had for years avoided an inspection of their accounting system, files and records by the Law Society of the Northern Provinces.

The Bobroffs’ failure to comply with the court’s order to open their books resulted in Pretoria High Court Judge Kenneth Matojane convicting the duo of contempt of court.

Of Ronald Bobroff, the judges noted: “Despite repeated admonitions from several judges he, together with Mr Darren Bobroff, persisted in using every possible avenue to delay, frustrate and avoid facing up to the serious charges of a practice-wide conduct of overreaching clients…

“The Bobroffs also made clients sign several different fee agreements with a view to using the one that was later the most advantageous to the firm, and other unprofessional, dishonourable and even fraudulent conduct.”

Misappropriation of funds

The judges dealt extensively with matters of individual clients from whom the Bobroffs had stolen large sums.

One client, road accident victim Filipe Pombo, whose trust money had been pillaged by the Bobroffs, didn’t receive his full payout. He took RBP to court and the Bobroffs settled his matter

hastily.

Extradition

The NPA has been preparing extradition papers to bring the Bobroffs back to SA to face the criminal justice system.

They’re likely to face further charges as the judges ordered last week’s judgment be sent to Sars and the National Director of Public Prosecutions “for an investigation into probable contraventions of the Income Tax Act, Value Added Tax and other legislation by the firm and its directors”.

The Bobroffs have been provisionally sequestrated by former clients and the matter’s back in court late next month when a final order of sequestration will be sought.

They have failed to comply with court orders.