§ discipline
‹ Back

Mbolokele Nsimba

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11996/2019
Date01/01/2019
OutcomeStrike off

Allegation / charges

Breaches, Failures, Solicitors' Accounts Rules

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

SanctionStrike Off
CostsGBP 33,235
Dishonesty foundYes

The Respondent, admitted in 2009 as an immigration solicitor, purchased a conveyancing firm (Cadem Hope Ltd) in December 2017 for £10,000 at the instigation of strangers (Mr M and Mr B) into whom he made no due diligence checks. Between March and May 2018 he made improper payments from client/office account to third parties unconnected to ten 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 unverified individuals and failed to maintain accounting records or comply with AML obligations. Despite Ms CD's complaints to the SRA about dubious transactions, he continued signing cheques. The Tribunal found all three allegations proved and expressly found dishonesty under Ivey, concluding he had consciously closed his eyes to known fraud and the firm had been purchased as a vehicle for fraud. With no exceptional circumstances, the Respondent was struck off the Roll and ordered to pay costs of £33,235.

Duties found breached:

Aggravating factors:

  • Dishonesty alleged and proved
  • Misconduct deliberate, calculated and repeated over ten transactions
  • Active participant in a fraudulent enterprise paying third parties unrelated to transactions
  • Continued involvement despite being put on notice by Ms CD's complaints to the SRA
  • High culpability motivated by personal financial gain
  • Breach of position of trust holding client money
  • Enormous harm with approx £5.7 million outstanding and nothing repaid

Mitigating factors:

  • Admissions to all allegations except dishonesty
  • Co-operation with the Regulator
  • Previously unblemished career with no prior disciplinary findings

Documents

Source: https://solicitorstribunal.org.uk/case/11996/