Decision record
Chilwin Chienhan Cheng
Allegation / charges
Rule 3-7.1 Consent Agreement
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Chilwin Chienhan Cheng, a securities lawyer called in 1998, entered a consent agreement admitting professional misconduct. Between July and December 2018, he permitted his firm's trust account to be used to receive and disburse approximately $504,094.60 (two bank drafts) for clients facing BC Securities Commission proceedings, without providing substantial legal services, without making reasonable inquiries into the source/nature of the funds, and without recording any inquiries. The trust payments to third parties totaled about $446,319.61. The Commission later withdrew fraud allegations against the clients, and there was no evidence the lawyer's conduct assisted any fraud or caused loss. No dishonesty was found. He agreed to a two-month suspension commencing December 12, 2022.
Duties found breached:
- No improper communication with the court
- Uphold public trust in the profession
- No improper use of client money
Mitigating factors:
- No prior professional conduct record
- Long record of service to the profession including teaching, mentoring, and volunteer leadership
- Extraordinary remorse and understanding of the seriousness of the misconduct
- Since 2020 implemented improvements to trust monitoring operations to ensure compliance
- No loss caused to third parties and no evidence the conduct assisted any fraud
- Did not charge fees for the trust transactions