Andrew Roman Pena

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

The Respondent, a director and major shareholder of Cubism Limited, admitted creating or causing to be created invoices that did not reflect work done or costs properly due, and improperly transferring at least £265,128.60 of client funds to the firm's office account to meet expenses, in relation to two client matters (Ms A and the B Group). He also admitted obtaining a £100,000 loan from a family friend (Mrs C) without informing her of the firm's financial events or ensuring she obtained independent advice. The Tribunal found his conduct in relation to allegations 1.1 and 1.2 was dishonest (expressly admitted and found). The matter was dealt with on the papers by Agreed Outcome. Given the dishonesty and seriousness, with no exceptional circumstances, the Tribunal ordered he be struck off the Roll and pay agreed costs of £10,000. The misused client money had been replaced in full by the firm and other directors.

Duties found breached:

• Act in the client's best interests
• No conflict between current clients
• Non-discriminatory acceptance and cab-rank

Aggravating factors:

• Conduct was dishonest
• Misconduct relating to client money took place over a minimum period of nine months
• Respondent held a position of trust to both the firm and his clients
• Respondent had control over all relevant matters
• He knew he was breaching the SRA Accounts Rules

Mitigating factors:

• Self-reported his misconduct to the firm's COLP
• Open and cooperative once he reported, admitting no-one else was aware
• Expressed remorse and shame
• Previously unblemished career
• Misused client money was replaced in full