A lawyer who defrauded a number of businesses out of thousands of liri by tendering cheques that bounced or proffering false excuses not to pay has landed a five-year jail term. 

Reuben Micallef, 46, was a warranted lawyer back in 2007 when a series of reports were filed with the Economic Crimes Unit, targeting him as the suspect behind a string of fraudulent transactions whereby, some 12 companies, were allegedly swindled out of thousands of Maltese liri. 

One entrepreneur later testified that back in August 2006, he had been approached by David Coleiro and Ray Debono who proposed a joint venture involving the importation of three containers of tiles for Libyan clients. 

The entrepreneur was to fund the project, while profits were to be shared with Debono. 

A private agreement was drawn up by Micallef, who was to hand over Lm12,000 (€27,952) to the businessman upon presentation of the bill of lading, with the remaining balance to be settled upon consignment. 

Yet, when the bill of lading was later presented to the lawyer, he told the businessman that the venture was nothing but a ‘gimmick’ reassuring them he would help him sell the imported tiles. 

After several unkept promises, the lawyer had finally issued a cheque for Lm12,000 which, however, could not be cashed since Micallef’s account had been closed. 

Other traders, selling computers and other electronic equipment, filed reports about how they had allegedly been defrauded by the lawyer who bought merchandise, promising to pay later but never doing so or else presenting cheques that bounced. 

Police investigations ultimately led to criminal action against the lawyer who was accused of promoting an organisation, along with Coleiro and Debono, intended to commit criminal offences, as well as misappropriation and making fraudulent gains through false pretences.

His wrongdoing was further aggravated by the fact that he had abused the trust placed in him by reason of his profession. 

Each of the alleged victims testified throughout the proceedings. 

A bank representative also testified that the lawyer had opened an account with Lm6,500 (€15,141), with an overdraft facility. But that account had been closed by the bank soon after, since cheques issued by the holder were not being honoured.

On the basis of all evidence put forward the court, presided over by magistrate Ian Farrugia, said that there was no doubt of the criminal organisation behind the fraudulent tile importation venture. 

As for the other charges, the fraud had been proved in respect of five of the companies, concluded the court, stating that there was no doubt that the accused had knowingly defrauded his victims. 

However, as for the other seven companies, the accused’s actions, though “morally condemnable”, did not amount to criminal fraud, but gave rise to a civil debt that was enforceable as such. 

The lawyer had not only caused his victims financial damages, but had abused his professional status to gain their trust, totally disregarding his oath of office, while casting a shadow upon the legal profession, observed Magistrate Farrugia. 

Moreover, the series of frauds had been perpetrated over a relatively short span and the lawyer had not reimbursed any of his victims, except one who had succeeded in a civil lawsuit.

All this was to be reflected in the punishment, said the court, condemning the accused to a five-year effective jail term and ordering him to reimburse his victims. 

In a statement issued after the case, the Chamber of Advocates said Micallef has been banned from practicing law since 2010 when he had his warrant revoked.

Assistant Commissioner Ian Abdilla prosecuted.