The CEO of the B.C. Courthouse Libraries Society has been suspended.

The decision of the BC Law Society’s hearing panel on Kenseelan Gounden’s (Kensi Gounden) case of professional misconduct has left many feeling disheartened. As a lawyer, Gounden was expected to uphold high ethical standards, yet he confessed to submitting false expense claims worth $3,524.99 to his employer over almost a year.

While the amount taken might seem small, the issue is about ethics.

Kensi Gounden also admitted to altering receipts to obtain reimbursement for more than the actual expense value and submitted claims that contained expenses previously submitted to another organization and not related to his employer.

Interestingly, the statistics indicate that Gounden is not alone in his misconduct. In 2020, the Law Society of British Columbia held 139 misconduct hearings, with 91 lawyers receiving disciplinary action. This number has remained relatively consistent over the past few years, with an average of 140 hearings and 95 lawyers disciplined annually.

Breaches of trust

The most common types of misconduct are misappropriation of funds, conflicts of interest, and breaches of trust. The consequences of such actions can range from fines and suspensions to disbarment, depending on the nature and extent of the misconduct and any mitigating factors.

While Gounden’s case is certainly disconcerting, it is important to remember that the legal profession has systems in place to ensure that lawyers adhere to the highest ethical standards. By holding lawyers accountable for their actions and imposing penalties when necessary, the British Columbia Law Society is helping to maintain the integrity of the profession and protect the interests of the public.

Kensi Gounden, someone who held various positions within the legal system and was called to the bar in 1992, had been found guilty of professional misconduct and conduct unbecoming of the profession.

Agreed Statement of Facts

The Agreed Statement of Facts provided by both parties showed that Kensi Gounden had committed various acts of misconduct, including misappropriation of funds from his employer, B.C. Courthouse Libraries Society, and submitting fraudulent expense claims. Despite knowing that he had no right to such funds, the Respondent still went ahead and submitted the claims, leaving no doubt of his reprehensible conduct.

As the CEO of B.C. Courthouse Libraries Society, the Respondent had the responsibility of building and nurturing relationships and travelling for business purposes. Yet, he chose to take advantage of his position to enrich himself at his employer’s expense.

Kensi Gounden’s employment offer from CLBC, dated January 30, 2017, clearly stated that he was entitled to reimbursement for all reasonable business-related expenses incurred. However, he submitted false claims for personal expenses that had nothing to do with CLBC’s business.

Kensi Gounden’s actions did not end there. In one instance, he attended a board retreat in Canmore, Alberta, and his employer agreed to pay for his hotel room in Calgary and reimburse him for any other legitimate expenses he incurred for the trip, such as car rental and airfare.

B.C. Courthouse Libraries Society CEO

However, he still submitted a reimbursement claim form to CLBC for the same expenses he had already submitted to CAA for the Alberta trip.

He even altered the receipts to increase the charges and make it seem like he had paid for the hotel using his personal Visa card. The Respondent knew that he was not entitled to reimbursement for the Alberta trip as it was not related to CLBC business, and he had already submitted the receipts to CAA for reimbursement.

It is indeed shocking that someone occupying such a high-profile position could act in such a deceitful and unethical manner. Kensi Gounden’s actions not only betrayed the trust of his employer but also damaged the public’s faith in the legal system.

The BC Law Society accepted Kensi Gounden’s admission of professional misconduct and imposed the disciplinary action proposed in the Joint Submission, which includes a 16-month suspension, additional conditions on his practice, and an obligation to pay the Law Society’s costs.

This case is a poignant reminder that legal professionals have a moral obligation to uphold ethical standards and maintain public trust in the legal system.

Violations of these standards can have grave consequences, severely affecting one’s reputation and career. Over the last ten years, statistics show that thousands of lawyers have been disciplined in BC. Therefore, it is imperative that legal professionals uphold their responsibilities and obligations to preserve a just and fair legal system for all.