Alan Lewis Benstock

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

The Respondent, admitted in 1982 and practising at the Lister Croft partnership in Wakefield, pleaded guilty to nine counts of theft at Leeds Crown Court and was sentenced to 22 months imprisonment. The thefts involved choses in action/credit balances belonging to the LCC Trust totalling sums such as £6,250, £5,750, £2,500, £16,250, £4,000, £1,500, £2,500, £4,300 and £450, committed over a four-and-a-half month period in 2006. The SRA proceeded only on allegation (iii) (the conviction), with allegations (i) and (ii) left to lie on file. The Respondent did not appear or take part. The Tribunal found the allegations substantiated, holding he failed to meet the required standards of probity, integrity and trustworthiness, and ordered him struck off the Roll and to pay costs of £19,040.03.

Duties found breached:

• No conflict between current clients

Aggravating factors:

• Convicted of nine counts of theft and sentenced to 22 months imprisonment
• Theft from estates of deceased clients who trusted his honesty and integrity
• Offending carried out over a period of four and a half months
• Living beyond his means
• Entirely uncooperative with the SRA investigation and did not take part in proceedings
• Held position of trust as executor and deputy coroner

Mitigating factors:

• Pleaded guilty to the criminal charges
• Sentencing judge accepted he was not motivated by greed and there was no planning
• Had injected capital into the firm to keep it afloat