John U Eni-Uwubame

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

Two partners of Berkeleys Solicitors faced allegations arising from conveyancing transactions involving undisclosed price incentives and source of funds, involvement in a suspicious Swiss bank investment scheme, and misrepresenting fees (bank transfer charges and indemnity insurance contributions) as disbursements to generate secret profit. The Tribunal found all allegations against the First Respondent (Eni-Uwubame) substantiated, including an express finding of dishonesty applying the Twinsectra test regarding the Swiss investment scheme, and struck him off the Roll, ordering £25,000 costs. The Second Respondent was found to have had no involvement in conveyancing or the Swiss scheme; only the secret profit allegation (and related Rule 1 breaches) was substantiated against him as a partner. He was fined £2,000 and ordered to pay £4,000 of the total £29,000 costs, on a several basis.

Duties found breached:

• Proper basis for allegations
• Honesty
• Uphold public trust in the profession
• Act in the client's best interests
• Disclose material information to client
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• First Respondent's conduct caused three hearings before the Tribunal
• Involvement in scheme with hallmarks of bank instrument fraud despite awareness of Law Society Warning Card
• Failure to inform mortgage lenders of material facts including price variations and source of funds
• Use of clients' funds to complete transactions when cheques had not cleared

Mitigating factors:

• Second Respondent was not personally involved in conveyancing or the Swiss investment matters
• Second Respondent benefited only to a modest degree from the secret profit
• Second Respondent's limited means as an assistant solicitor bearing sole responsibility for firm's debts
• Firm amended client care letters and offered refunds when concerns raised