ALEXANDER JASON McLEAN

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

Alexander Jason McClean, an employed solicitor, was convicted in 2010 on two counts of fraud (intent to defraud by deceit) under s 409(1)(c) of the Criminal Code involving misappropriation of client trust funds, and was sentenced to two years and eight months imprisonment. He also provided knowingly false information to the Committee. The State Administrative Tribunal found him guilty of professional misconduct by illegal conduct (admitted) and concluded he was not a fit and proper person to remain on the Roll. It transmitted a report to the Supreme Court (full bench) recommending he be struck off, and ordered him to pay $1,500 towards the Committee's costs (which totalled $4,840) within 30 days.

Duties found breached:

• Not mislead third parties or opponents
• No improper use of client money

Aggravating factors:

• Offending occurred over a significant period (December 2002 and September 2005) with deception continuing
• Failure to take immediate steps to repay funds after they were received in February 2006
• Attempted to maintain innocence by placing blame on his secretary and others during the Committee's investigation
• Misappropriation of client funds resulting in a term of imprisonment

Mitigating factors:

• Not motivated by personal pecuniary gain (funds went to the Ukrainian Association)
• Early pleas of guilty and remorse
• Prior good character and community contributions
• Positive character references and evidence of ongoing psychotherapy since 2008
• Funds ultimately repaid/settled
• Reduced costs ordered in light of practitioner's lack of income during incarceration