The Law Society of BC has fined former Pitt Meadows mayor John Becker $10,000 for not sending funds from employee payroll source deductions to the Canada Revenue Agency.
As of October 2021, Becker’s practice owed the CRA approximately $270,000, including interest and penalties.
A law society citation was issued against Becker, alleging that in 2017, 2018, and 2019 he made payroll deductions from employees, “but failed to remit the payroll source deduction funds due to the Canada Revenue Agency in a timely way or at all…”
According to the written reasons for the decision of a discipline hearing panel, Becker admitted this amounted to professional misconduct, and consented to paying the fine, plus $1,000 in costs.
He practises law under the name Peak Law Group, but operated as Becker and Company until February 2019. He was the lawyer in charge of the financial management of the practice.
Becker was a well-known local politician, who served one term as mayor of Pitt Meadows, from 2014 to 2018, and prior to that had served for nine years as a city councillor.
The discipline panel filed its decision to fine Becker on June 9, after the citation had been issued against Becker in March of 2022.
“The respondent was aware that at all material times he owed the payroll source deductions, and his explanation for not paying the payroll source deductions in full and on time is that beginning in 2017 the practice had unanticipated cash flow demands which continued until the practice ceased operating on February 28, 2019,” said the decision.
The panel also wrote that “the nature of the conduct occurring over three taxation years cannot be taken lightly.”
The panel quoted a 2004 Law Society Panel decision that stated: “It is not appropriate for a member of the Law Society to be seen to be using tax withholdings for private purposes and we must respond aggressively whenever such conduct comes to light.”
It also noted Becker’s professional conduct record includes findings of professional misconduct that resulted in a 14-month suspension, and included misappropriation of client funds.
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“The panel finds the respondent’s professional conduct record a significant and aggravating factor in light of the three citations that led to a lengthy suspension,” said the decision.
Becker explained to the panel he was dealing with significant difficulties in his professional and personal life, beginning in 2017, and his mental health deteriorated. He received counselling and a prescription for anti-depressants.
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