The SRA has referred an Oxfordshire a lawyer to the Solicitors Disciplinary Tribunal for prosecution. The Tribunal certified that there is a case to answer in respect of allegations which include that the lawyer :-
1. Between around January 2020 and July 2022, failed to keep and maintain accurate accounting records for the Firm.
2. From around January 2020 to July 2022, caused or allowed a client account shortage on the Firm’s client account.
3. From June 2017 to around October 2022, failed to have in place:
3.1 An AML Firm Wide Risk Assessment (‘FWRA’) as required by Regulation 18 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (‘MLRs 2017’);
3.2 Anti-money Laundering Policies, Controls and Procedures (‘AML Policies’) as required by Regulation 19 of the MLRs 2017.
4. On or around 12 December 2019, made a declaration to the SRA which was false and misleading in that it confirmed that the Firm had in place a fully compliant FWRA as required by regulation 18 of the MLRs 2017 when, in fact, there was no such FWRA in place.
5. Between 1 January 2022 and 31 March 2022, and in relation to the purchase of a property by Client A, caused or allowed the Firm to fail to comply with the MLRs 2017 in that the Firm:
5.1. Failed to conduct adequate client due diligence (‘CDD’) measures as required by Regulation 28 of the MLRs 2017;
5.2. Failed to apply enhanced due diligence (‘EDD’) as required by Regulation 33 of the MLRs 2017;
The allegations are subject to a hearing before the SDT and, as at today’s date are unproven.