CAPE TOWN - The wheels are in motion to claim back millions of rands owed to the poor that were bamboozled by disgraced Bellville-based attorney, Brian Baumann.
Baumann’s name was officially struck off the roll of attorneys this week, after Western Cape High Court Judge Patrick Gamble ruled that the convicted fraudster’s actions of swindling clients who had lodged claims for compensation with the Road Accident Fund, was “scandalous, to say the least”.
Baumann, 53, is imprisoned in Goodwood after he, in November last year, pleaded guilty to and was convicted on 16 counts of fraud and sentenced to 12 years direct imprisonment.
The high court noted that Baumann misled his clients as to the extent of their respective settlements, telling them that they were entitled to only a fraction of what was owed to them.
The charge sheet showed that the actual prejudice suffered by the 16 clients duped by him was R14.8m.
In one claim, there was a settlement amount of R2.5m, but only R500 000 was paid out by Baumann who pocketed R1.97m.
There were seven instances where the amount retained by Baumann exceeded R1m, and in five other instances he kept more than R500 000.
The LPC applied to the high court to bar him from ever practicing, which Judge Gamble granted.
“For an officer of the court to become embroiled in such a swindle is scandalous, to say the least.
“But what aggravates the situation is the fact that the clients were poor people who had personally suffered injuries (or were the dependants of injured persons) and desperately needed the money paid out to them by the RAF to survive,” the Judge noted, which was agreed on by Acting Judge Nolundi Nyati.
During the court proceedings the LPC said Baumann’s victims may enjoy claims against the Legal Practitioners Fidelity Fund, and the court additionally directed the LPC to inform the victims in writing thereabout.
The Fidelity Fund’s claims executive Jerome Losper yesterday said they have so far received 19 claims with a combined value of R13.4m, and they have paid five claims totalling R3.2m.
LPC spokesperson Sthembiso Mnisi said they welcomed the judgment.
“We believe that it sends a clear message that Mr Baumann’s conduct will not be tolerated.
“The LPC is established to protect members of the public against errant legal practitioners.
“We have already received several queries regarding Baumann, and these have all been referred to the Legal Practitioners Fidelity Fund.
“We will obtain a list of the criminal complainants and advise them of the possibility of lodging a claim against the LPFF.
Members of the public are encouraged to contact their Western Cape Provincial Council office on 021 443 6700 or email [email protected] should they have any queries regarding Baumann.
Cape Times