Muhammed Ali Javed

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

Muhammed Ali Javed, admitted 2005, was found to have acted dishonestly in conducting the sale of 14 C Avenue in total disregard of hallmarks of mortgage fraud, defrauding the Bank of Scotland. The Tribunal found six of seven allegations proved (allegation 4, practising uncertificated, was not proved), including breach of an undertaking, failures in closing his practice and failing to cooperate with the SRA. Applying the Twinsectra test, the Tribunal made an express finding of dishonesty on allegations 1 and 2. He was struck off the Roll and ordered to pay costs of £19,389.46, not to be enforced without leave given his financial circumstances. His subsequent appeal was dismissed by Mr Justice Nicol [2012] EWHC 114 (Admin).

Duties found breached:

• Honour professional undertakings
• No conflict between current clients
• No improper communication with the court
• Proper basis for allegations

Aggravating factors:

• Conducted a high-value sale in total disregard of recognised hallmarks of mortgage fraud
• Had prior knowledge of a similar earlier fraudulent transaction (190 L Road) involving Expedited Ltd before acting in the 14 C Avenue matter
• Not found to be a credible witness; evidence confusing, unconvincing and inconsistent
• Inconsistencies between oral evidence and firm's contemporaneous correspondence
• Previous appearance before the Tribunal in October 2009

Mitigating factors:

• Suffering from stress/medical issues since mid-2007
• Claimed no personal financial gain and to have been a victim of fraud
• Difficult financial circumstances