Ponzi scheme lawyer is summarily disbarred

An Escondido attorney was summarily disbarred following convictions for his role in a Ponzi scheme that defrauded investors of more than $1.5 million. GUSTAV GEORGE BUJKOVSKY [#47528], 68, lost his license Dec. 28, 2011, as a result of guilty pleas in 2010 to one count of obstruction of justice and one count of tax evasion.

Because the obstruction conviction is a felony that involves moral turpitude, it meets the criteria for summary disbarment.

According to San Diego-based U.S. Attorney Laura E. Duffy, Bujkovsky landed in trouble through his representation of Mohit Khanna and Khanna’s business, MAK 1 Enterprises. Between 2004 and 2009, Khanna solicited millions of dollars from investors by falsely claiming he was engaged in a foreign currency trading program. Even after becoming aware that MAK 1 was conducting an unregistered and likely fraudulent securities offering, Bujkovsky told some investors his own clients had invested in MAK1, received the promised high returns and that the investment was insured and had other downside risk protection. And after Khanna told Bujkovsky that MAK 1 was a fraud and didn’t engage in foreign currency trading, Bujkovsky told investors their money would be returned after problems were resolved with “intermediaries,” including European banks.

While Bujkovsky represented MAK 1, the company raised more than $3.3 million; $1.9 million was returned to earlier investors as interest payments or return of principal, and $1.562 million went into Bujkovsky’s client trust account. At the same time, Bujkovsky gave Khanna and his designees $981,600 of the MAK 1 funds and transferred $368,000 to his own bank accounts that he used for personal expenses. He didn’t file a federal income tax return for 2009, avoiding a tax bill of more than $76,000.

The scheme collapsed in 2009 when Khanna was unable to repay his investors and the Securities and Exchange Commission began a formal investigation. Bujkovsky defended Khanna before the SEC and in civil lawsuits filed by investors who lost money in the scheme.

According to a statement by Duffy, Bujkovsky obstructed justice by concealing MAK 1 investor funds in his attorney-client trust account and by lying to federal regulators about Khanna.

In addition, after learning that Khanna was under investigation and was subpoenaed to appear before the SEC July 7, 2009, Bujkovsky told his client to flee San Diego and travel to India in order to avoid giving testimony or producing records. Bujkovsky obtained two continuances for Khanna by intentionally misleading the SEC into thinking Khanna would appear if the hearing were rescheduled. On the date of the rescheduled hearing, Bujkovsky called the SEC and said he didn’t know his client’s whereabouts; in fact, he knew Khanna had fled to India on his advice.

About a month later, the federal court issued a temporary restraining order freezing the assets and accounts of Khanna, his companies and his lawyers. In response to the TRO, Bujkovsky said he didn’t have any MAK 1 funds in his client trust account, when he actually was concealing $459,508 of MAK money. Instead of holding that money for defrauded investors, Duffy said, Bujkovsky created and backdated a fictitious, non-refundable retainer agreement that falsely claimed he was entitled to $300,000 for legal services he supposedly provided over several months. He later presented the phony retainer agreement to the federal court and a court-appointed receiver to justify his attempt to keep the funds in his client trust account.

Bujkovsky was sentenced to one year in federal prison for his crimes. Khanna pleaded guilty to conspiracy to commit mail and wire fraud and filing a false tax return and was sentenced to 41 months in prison. He was ordered to pay $15.9 million in restitution to more than 200 victims of his investment fraud scheme. Randolph Hirsch, an accountant who falsely verified that the MAK 1 account balance exceeded $50 million, pleaded guilty to RICO and money laundering charges.

Bujkovsky also was disciplined by the State Bar in 1996 after he stipulated to misconduct in three consolidated cases. Among his misdeeds: he failed to report sanctions to the State Bar, return a client’s file to her or to notify her of developments in her case, including an order that the client pay attorney’s fees and costs to the opposing party; and he failed to file an answer on behalf of a client, resulting in an entry of default against her. He also pleaded guilty in 1995 to failing to file a federal income tax return for 1988.