Pierre Falzon, a 57-year old former notary from Qawra, has been condemned by a court to a two-year jail term suspended for four years and ordered to refund €12,805 to clients, whose trust he violated. He has also been placed under a general interdiction for life.
Dr Falzon, who voluntarily renounced to his warrant in 2012, was investigated by the Economic Crimes Unit after complaints by clients in 2011 claiming that the notary had failed in his duties towards them.
Assistant Police Commissioner Ian Abdilla explained how the complaints were sorted under various categories, one of which related to causa mortis declarations concerning the estates of four individuals, which had adversely affected some ten heirs.
It appeared that Notary Falzon had kept to himself monies intended for the Capital Transfers Duty Department.
The notary’s misdeeds came to light when the parties concerned discovered that the deeds had not been registered with the department.
One family had paid €21,000, another €3,405, a third €9,400 while the fourth family had handed over €1,565.
All attempts to contact the notary were unsuccessful, leaving the aggrieved clients with no option but to take their complaints to the police.
The notary, who at the time was found to have been residing in Spain, was extradited to Malta to answer to the allegations, voluntarily choosing to release a 3-page long statement to the police.
When testifying in court, Notary Falzon had explained how he had found himself in great financial difficulties and personal problems stemming from an illness affecting his wife, which had necessitated long spells of treatment abroad.
His situation had been made worse when his bank accounts and assets were hit by garnishee orders and three freezing orders which made it all the more difficult for him to settle his debts with clients.
Magistrate Consuelo Scerri Herrera, presiding over the case, observed that, indeed, some of the causa mortis declarations had been registered late, others not registered at all. As to the misappropriated clients, some had got their money back while others had remained empty-handed.
The sums intended for the state coffers had been deposited in the account of Elpirega Ltd, personally owned by the accused, which meant that the misappropriation had indeed taken place.
“A notary is bound to exercise a particular degree of diligence that is superior to that of an average individual,” the court declared.
Observing that the notary had breached the trust placed in him by his clients, the court declared him guilty but declared that a suspended sentence would best serve the interests of his victims and of society at large.
For this reason, the court imposed a two-year jail term suspended for four years and ordered him to refund the outstanding balance of €12,805 within six months.