“Dishonest” ABS owner banned for multiple breaches


SRA: Rarely used power

A non-lawyer owner of an alternative business structure (ABS) responsible for multiple rule breaches – including a £3.6m shortfall on his firm’s client account – has been banned from working in another one.

A finding of dishonesty was made against Mohammed Yasin and he was made subject to a disqualification order under the Legal Services Act 2007 that prevents him from owning or working for another ABS.

As Ipswich firm Mayland Porter is an ABS, a different and to date rarely used statutory regime applies to that the Solicitors Regulation Authority (SRA) uses for traditional firms.

According to a decision published yesterday by the SRA, Mr Yasin made improper payments from the firm’s client account which led to a minimum identified cash shortage of £3.6m as at 31 August 2017, money that was not replaced “promptly or at all”.

He also allowed Mayland Porter – which according to the SRA is in the process of closing down – to become involved in conveyancing transactions “which bore the hallmarks of fraud”.

Other breaches were that Mr Yasin:

  • Allowed false and misleading documentation, including correspondence and undertakings, to be provided to solicitors for other parties in conveyancing matters;
  • Transferred client money to third parties without authority or instructions from the relevant clients. On one matter, he transferred client money to a bank account in his personal name, without the client’s authority or instructions;
  • Failed to carry out adequate enquiry in relation to the identity, employment history and practising status of an employee.
  • Failed to exercise appropriate supervision over the firm’s London office and the staff who were working there;
  • Failed to notify serious misconduct at the firm to the SRA and to co-operate with the SRA in its inspection of the firm.
  • Failed to manage an orderly closure of the firm and to engage with the firm’s professional indemnity insurer.

This breached no fewer than five of the SRA principles.




Blog


Beyond PCP: Can regulators and lawyers work better together next time?

Nearly a decade after the Financial Conduct Authority began investigating the car finance industry, the story of the PCP commission scandal is still unfinished.


Accountability has to live within governance, not with one person

The assumption has long been that a COLP or COFA is personally exposed to the consequences of anti-money laundering breaches.


The SRA’s client money reforms: good intentions, questionable execution

On the face of it, the SRA’s plans to tighten protections around client money sounds sensible. The detail, as ever, tells a more complicated story.


Loading animation