Raffaele Crescenzo

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Raffaele Crescenzo, a former BC sole practitioner, admitted misappropriating $156,309.85 from his pooled trust account across 43 client matters between December 2006 and September 2009 by writing cheques to himself when not entitled, including through duplicate billings and fabricated client ledgers. He self-reported before a scheduled audit, citing health issues and prescription drug addiction. He admitted professional misconduct (no express finding of dishonesty was recorded in this Agreed Statement of Facts) and gave a 4-year undertaking not to seek reinstatement, not to apply to other law societies without notice, and not to work for any lawyer/law firm without Discipline Committee consent.

Duties found breached:

• No improper use of client money

Aggravating factors:

• Misappropriation of approximately $156,309.85 over an extended period (2006-2009)
• Numerous transactions across 43 client matters
• Creation of fictitious/false client ledgers to disguise takings
• Duplicate billing and false probate fee withdrawals
• Global trust shortage of $144,040.34

Mitigating factors:

• Self-reported trust account issues before the scheduled compliance audit
• Cooperated with the Law Society and entered an Agreed Statement of Facts
• Admitted the misconduct
• Serious health issues (lymphoma, chronic depression, anxiety disorder, prostate cancer) and family health issues affecting judgment
• Prescription drug addiction and sought help from Lawyers' Assistance Program
• Voluntarily ceased practice and consented to appointment of a custodian
• Proposed repayment through bankruptcy proposal (Law Society listed as creditor)