Peter Barnett

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Peter Barnett, a solicitor of over 20 years' standing, acted as an 'escrow agent' in about 38 'bank advice' transactions between 1995 and 1998, lending his name to a fraudulent scheme selling worthless documents for large fees. Despite repeated warnings from the OSS, the Law Society, banks and others, and knowledge that associates Gibbins and Ullah were involved in fraud, he continued because the business was lucrative. He deceitfully represented worthless bank advices as commercially valuable and provided a misleading bank reference for Ullah (vouching for his trustworthiness) while knowing Ullah was serving a prison sentence for fraud. Applying the Twinsectra test, the Tribunal found the evidence overwhelmingly demonstrated dishonesty and found all allegations proved. He was struck off the Roll and ordered to pay costs with a £10,000 interim payment. His earlier criminal proceedings had ended in a not guilty verdict entered by the trial judge.

Duties found breached:

• No improper solicitation or touting
• No improper use of client money
• No own-interest conflict
• Proper basis for allegations
• Truthful, non-misleading advertising

Aggravating factors:

• Continued involvement despite numerous express warnings from the OSS, Law Society, banks and other third parties
• Motivated by lucrative earnings (received profit costs of £141,159.37)
• Knew Mr Gibbins was involved in matters subject to criminal investigation (e.g. Salvation Army fraud)
• Sent bank reference vouching for Mr Ullah's trustworthiness while knowing Ullah was serving a prison sentence for fraud
• Lent his name and that of his firm as a solicitor to add credibility to a dishonest business
• Attempted to shift blame to his assistant solicitors, which the Tribunal rejected
• Large sums involved (over US$40m and £300,000 passed through client account)

Mitigating factors:

• Made all books of account and files available to the Law Society's inspectors
• No shortage found in his client account