Embezzlement during receivership

ORANJESTAD — The Supervisory Council has disbarred lawyer Charles van Esch. This means he is no longer allowed to practice his profession. An examining-magistrate accused him of embezzlement during receivership.

 
The president of the Bar Association, Lincoln ‘Dello’ Gomez confirmed the aforementioned. He stated that the Supervisory Council took this decision last week. The president explained that the Council can impose various sanctions. Disbarment is the most severe disciplinary measure. Theoretically, Van Esch could lodge an appeal against the decision with the Board of Appeal. That’s the only road open to the lawyer to prevent him from ever practicing his profession again.
 
Neither Gomez nor Sjiem Fat wishes to comment on why Van Esch was disbarred. “It was a hearing in chambers, in other words behind closed doors”, the president explained. Gomez finds it important though that the public is informed about what happened and that it’s clear we have a system that tackles misbehavior of lawyers. Gomez confirmed there were complaints about Van Esch, about his receivership, in this case of a commercial company.
 
According to sources, it was a long-term bankruptcy (2002-2012) in the case Luis Mansur. At a certain point the examining-magistrate in charge of the bankruptcy discharged Van Esch from his receivership because he had the feeling something wasn’t right. When two other lawyers took over the receivership it appeared that things had indeed not gone well. At the time the judge decided not to call in the Public Prosecutor’s Office immediately but bring the embezzlement to the attention of the Supervisory Council first. For that matter, Van Esch had already requested his resignation voluntarily but the Council believed it had to impose this measure to prevent him from every practicing his profession of lawyer again. Until recently Van Esch was working as legal assistant and advisor for the government. It is unknown what he’s going to do now.
 
It was a long time ago that the Supervisory Council had had to impose such a drastic measure. Almost twenty years ago also lawyer Edwin Ras was disbarred in a similar case. This shows that such cases of embezzlement ‘are incidental’. “It doesn’t happen regularly,” said the president. There were several lawyers who had had to appear before the Council – for example John Zara recently – but not for such serious accusations, and therefore received minor punishments. The Supervisory Council consists of one judge and two attorneys. Their task is to monitor the functioning of lawyers. “A kind of compass.” Also the Council of Appeal consists of one judge and two attorneys.
 
(Amigoe)

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