Lawyer diverts R$ 3 million from client to invest in cryptoc
Mateen Raza ş1000
Updated at: 3 hours ago
{"content":"Lawyer diverts R$ 3 million from client to invest in cryptocurrencies
The Judiciary Power of Limeira, a city in the interior of São Paulo, determined that a lawyer and his office must return R$ 3.018.258,10 to a client, after concluding that the professional improperly invested this amount in cryptocurrency. The sentence was issued on October 21 by Judge Rilton José Domingues of the 2nd Civil Court.
According to the decision, on April 4, 2023, the lawyer withdrew R$ 3.772.822,62 related to a compensation action won by his client — a company — and transferred the amount to the account of the law firm of which he is a partner. The client stated that she did not authorize the withdrawal and never received the funds.
The judge emphasized that the lawyer himself acknowledged, during the police investigation, having directed the money to investments in cryptocurrencies, putting the client's assets at risk and acting as if the funds were his property.
In the defense presented, the lawyer argued that there was a contingency fee contract that would guarantee him 50% of the amount obtained in the action, in addition to providing that the accounting should only occur 180 days after the final judgment of the sentence.
He also argued that the power of attorney used to move the funds was valid and that the process had not yet been definitively closed, which, according to his version, would justify the temporary retention of the resources. Based on these points, the defendants requested that the action be dismissed, claiming that they acted in accordance with the contractual terms.
Judge disagrees
The judge, however, understood that the argument was not sustainable. Given the doubt about the authenticity of the presented contingency fee contract, he ordered a forensic examination and imposed on the defendants the duty to deliver the original document and pay the expert fees.
Although the defense requested more time, the request was only partially accepted and, even so, the determination was not fulfilled. The original document was never presented.
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