Disbarred attorney Ano Miller-Sewell pledges $37m client repayment by early August

A lawyer who has been struck from the roll after allegedly diverting more than $37 million entrusted by a client in a property deal that fell through has given the court a commitment to settle the outstanding sum by early August.

The assurance surfaced on Wednesday when the file was called for mention before Parish Judge Sanchia Burrell at the Kingston and St Andrew Parish Court.

Attorney-at-law Matthew Hyatt, appearing for Ano Miller-Sewell alongside King's Counsel Bert Samuels, said his client aimed to place the complainant back in the financial position she held before the transaction collapsed. Hyatt told the court the restitution would come "within short order."

When Judge Burrell asked for a firm date, Hyatt replied, "Early August."

The judge nevertheless noted that the complainant had already waited what she described as "an inordinately long time" to recover her money.

The proceedings were adjourned to November for mention, and Miller-Sewell's bail was extended.

She was arrested and charged last year with fraudulent conversion and possession of criminal property.

The case arises from a real estate arrangement carried out between January and March 2024.

The complainant engaged Miller-Sewell to manage the purchase of property on Red Hills Road, Forest Hills, Kingston 19, priced at $57.5 million.

Court papers show the complainant formally retained the attorney on January 10, 2024. About a month later, she entered into an agreement for sale with the vendors.

That contract set the purchase price at $57.5 million and required a deposit of $5.75 million. The balance of $51.75 million, together with the buyer's share of related costs, was to be paid within 60 days of execution. Miller-Sewell was named as the purchaser's attorney-at-law. Within 30 days, she was required either to give the vendor's lawyer an acceptable undertaking guaranteeing payment of all sums due on completion, or to ensure those funds were paid directly to that attorney.

If the purchaser failed to meet any payment deadline, the vendor could terminate the agreement immediately, forfeit the deposit, and apply interest at 10 per cent per annum on any outstanding amount.

On March 31, 2024, the complainant is said to have paid Miller-Sewell $57,661,865, covering the purchase price and half of the transaction costs. She also paid a further $1.15 million in legal fees that same day.

Agreement cancelled

After receiving the funds, Miller-Sewell allegedly did not forward the full purchase price to the vendor's attorney. Prosecutors say only about $19 million was transferred, leaving a shortfall of roughly $37.39 million.

No undertaking was supplied to secure payment. The vendor therefore cancelled the sale agreement.

It is further alleged that Miller-Sewell ceased communicating with the complainant in July 2024. Before then, she had reportedly failed to update her on the status of the purchase or the missing money.

The complainant subsequently reported the matter to the police and the General Legal Council (GLC).

Last May, the GLC found Miller-Sewell guilty of professional misconduct and ordered that her name be removed from the Roll of Attorneys-at-Law authorised to practise in Jamaica. The disciplinary tribunal also directed her to make full restitution to the complainant without delay.