Mbolokele Nsimba

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

The Respondent, a solicitor admitted in 2009, purchased a conveyancing firm (Cadem Hope Ltd) in December 2017 for £10,000 despite having no conveyancing experience, at the instigation of individuals (Mr M, Mr B, Mr W, Mr H) he had not checked. Between March and May 2018 he made improper payments from the client account to third parties unconnected to conveyancing transactions bearing hallmarks of property fraud, causing a client account shortage of £5,738,657.38 which was never replaced. He relinquished control of the firm to the individuals and failed to carry out due diligence, AML compliance and accounting records. The Tribunal found all three allegations proved, together with recklessness and manifest incompetence, and made an express finding of dishonesty under the Ivey test, concluding he had consciously closed his eyes to fraud. Finding no exceptional circumstances, the Tribunal struck him off the Roll and ordered costs of £33,235.

Duties found breached:

• No taking unfair advantage
• Uphold public trust in the profession
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• Firm governance, systems and compliance
• Cooperate openly with regulators
• AML and crime-prevention compliance

Aggravating factors:

• Dishonesty alleged and proved
• Deliberate, calculated and repeated misconduct over ten transactions (March-May 2018)
• Active participant in a fraudulent enterprise
• Motivated by financial gain
• Breach of position of trust; released client money without checks
• Failed to act on Ms CD's SRA complaints, allowing further transactions
• Enormous harm - approx £5.7 million outstanding and unrecovered
• One of the worst examples of misconduct the Tribunal had seen

Mitigating factors:

• Admissions to all allegations except dishonesty
• Co-operation with the regulator
• Previously unblemished career of ten years with no prior disciplinary findings