08 May 2015

Struck Off: re Deobhakta

Tauranga barrister Vinay Deobhakta has been struck off for misconduct after trying to convert client funds to his own use and then sending abusive and obscene text messsages when this client took his work elsewhere.
The High Court was told a Mr Zaheed approached Mr Deobhakta in 2009 for professional advice during a tax fraud investigation.  Inland Revenue alleged $400,000 in tax arrears was due.  Mr Deobhakta required a $2000 cash payment from Mr Zaheer before he was willing to act for him.  Subsequently, a meeting was arranged with Inland Revenue to canvas potential arrangements over the $400,000 debt.  Evidence was given that Mr Zaheed was willing to offer Inland Revenue $75,000 all up in three instalments of $25,000 each.  Eventually, nothing came of this offer and Mr Zaheed was convicted on fourteen charges of tax avoidance.  Disciplinary action against Mr Deobhakta arose from preparations to pay the first proposed instalment.  Mr Zaheer set out for the first Inland Revenue meeting with a bank cheque in favour of Inland Revenue made out for $25,000.  Mr Deobhakta required this cheque to be cancelled, replaced by a bank cheque made out to Inland Revenue for $21,000 and the balance of $4000 to be given to him in cash.  No cheque was handed over to Inland Revenue.  Mr Deobhakta then later asked that the replacement $21,000 Inland Revenue cheque be cancelled, to be substituted by a cheque in his name.  He said the funds were needed for a “personal matter”.  He indicated this “personal matter” was investigations into alleged bribery associated with immigration applications.  This had nothing to do with Mr Zaheed or his tax issues.  Mr Zaheed refused to replace the bank cheque for a second time and subsequently took his legal work elsewhere.  Before that, Mr Deobhakta had drawn up a fees contingency agreement in which he acknowledged that Mr Zaheed had paid a total of $15,000 in fees to date and undertook to refund this money if there was no satisfactory outcome in his client’s dispute with Inland Revenue.  The undertaking was worthless.  Four days after signing, Mr Deobhakta was bankrupted on a debt owed ASB Bank.
Mr Deobhakta was struck off the roll of lawyers permitted to practice and ordered to pay compensation: $4000 to Mr Zaheed and $32,200 to the Law Society for costs of its disciplinary investigation.
Re Deobhakta – High Court (8.05.15)

15.043