Lawyers accused of stealing from clients flee abroad

DISGRACED Durban lawyer Ian Stokes, who was sentenced this week for stealing millions from a trust fund, was just one of many attorneys fleecing large sums from their clients.

From thousands to R40 million, the Attorneys Fidelity Fund – the body created to protect the public from lawyers with criminal intents – investigates many cases of corruption.

In Durban alone there are 25 lawyers out of 188 nationally, under investigation for stealing from their clients.

Stokes was the most recent successful prosecution.

Following in his footsteps is Pietermaritzburg lawyer Sundeep Singh, who will be sentenced in the Pietermaritzburg High Court on Monday for theft from a trust fund.

Prosecutions manager at Attorneys Fidelity Fund, John Ndlovu, said Singh had pleaded guilty to theft of R3.7m last year.

Stokes was sentenced by the Durban High Court this week to six years in prison for theft. It marked the end of his long court battle, after he was hauled back to South Africa in 2004 when caught by Interpol in the US. He had fled South Africa in 2000 leaving behind several victims who had entrusted their money with him. The value of the theft amounted to around R28m, and involved wealthy business people.

Ndlovu said many lawyers were placing the legal profession in disrepute.

“In the Stokes matter, we were involved in the prosecution and gave evidence in court. He stole millions, but he’s not the worst nor the first to have fled.

“We have one case in which a lawyer stole R40m and fled to Australia. He fled the country 10 years ago, the day before he was due to be arrested, and the fund is struggling to have him extradited.

“The problem is that these lawyers plan these things in advance, and they flee to a country with which South Africa has no extradition agreement. Australia is a popular choice.

“In the Stokes case, he fled to the US, and we were able to extradite him,” said Ndlovu.

In court this week, Judge Esther Steyn said Stokes’s crime was committed by a person who was meant to uphold the highest professional standards.

Stokes fled the country leaving his pregnant wife at the time, but she later joined him in the US.

“You are not remorseful. You were in a position of trust and it was abused,” Judge Steyn said.