G M Giambrone
Allegation / charges
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Gabriele Giambrone, a Registered European Lawyer practising in England through Giambrone & Law (later an LLP) with two co-Respondents, faced multiple allegations arising from FIU investigations. The Tribunal found numerous breaches: poorly maintained books of account, client account title breaches, failure to remedy breaches, transferring conveyancing files to Italy without informed consent, failure to co-operate over accounting records, non-compliant notepaper, improperly paying away client deposits (notably for clients M and M and Ms E) contrary to assurances, and failure to file 'cease to hold' accountant's reports. No dishonesty was alleged or found. The First Respondent was withdrawn from the Register of Registered European Lawyers and ordered to pay agreed costs of £70,000; the Second and Third Respondents were each fined £2,000. His subsequent High Court appeal was dismissed.
Duties found breached:
- No improper communication with the court
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- Cooperate openly with regulators
- No baseless or threatened misconduct report
Aggravating factors:
- Took on large numbers of clients (around 1,500-2,500) while accounting records were a shambles
- Failed to remedy accounting breaches and never filed final 'cease to hold' reports, leaving SRA unable to confirm whether client funds were short
- First Respondent paid away clients' deposits before contracts signed or bank guarantees obtained, contrary to assurances given
- Detrimental effect on reputation of the profession; would have been struck off had he practised in England
- Tribunal found First Respondent a less than satisfactory and not frank witness, rejecting his account of a conversation authorising payment
Mitigating factors:
- No dishonesty alleged or found
- Accounting problems partly explained by a server crash and ongoing reconstruction efforts
- First Respondent accepted personal responsibility for staff errors and offered to reimburse clients from his own funds
- No proven shortfall in client funds and clients ultimately received LCS awards/refunds
- Second and Third Respondents had limited direct involvement, liability arising mainly from partner/member status
- Positive references provided; first RELs to appear before the Tribunal; RELs received no specific SAR training