John Costa Constantinides

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

John Costa Constantinides, a sole practitioner solicitor, admitted allegations of conduct unbefitting a solicitor arising from his involvement in a fraudulent High Yield Investment Scheme in which his client Mrs CM lost US$1 million. He acted despite a clear conflict of interest (he was shareholder/director and trustee of Westminster Services Limited which stood to benefit, and expected a fee of US$150,000-200,000), failed to advise his client of risks, and accepted instructions in a matter he was not competent to advise on. He admitted the allegations but denied dishonesty. The Tribunal applied the Twinsectra test and found, to the criminal standard, that his conduct was dishonest, based solely on the Applicant's undisputed facts and not the admitted civil judgment. He was struck off the Roll and ordered to pay costs including those of the forensic investigation accountant and two interlocutory hearings, subject to detailed assessment if not agreed.

Duties found breached:

• Integrity
• Act in the client's best interests
• Advise objectively, not a mere conduit
• No own-interest conflict
• Account for interest on client money
• Competence
• Good faith and courtesy to colleagues

Aggravating factors:

• Failure to disclose significant conflicting interests to client Mrs CM
• Personal interest - expected substantial fee (US$150,000-200,000) and being shareholder/director of beneficiary company Westminster Services Limited
• Encouraged client to believe he was competent to advise in an area where he had no knowledge
• Large sum of money at risk (US$1 million); client lost entire investment
• Transaction bore hallmarks of fraud and used phrases warned against in Law Society's Yellow Card
• Use of solicitor's client account lent a cloak of respectability to a fanciful scheme

Mitigating factors:

• Long-standing solicitor with previously unblemished career
• Strong character evidence from multiple witnesses; held in high regard in Greek community
• Co-operated fully with the FIO and handed over client file
• Had not practised since intervention (some 3.5 years), a sanction in itself
• Replaced the cash shortage on the accounts
• Personal and financial hardship - loss of practice, home, health; spent £250,000 defending civil claim
• One-off transaction; he himself believed the funds were secure and was taken in by fraudsters