Michael John Harvey

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

Michael John Harvey, a Luton sole practitioner, faced 12 allegations arising from his work for the Imperial Consolidated Group and related parties. The Solicitors Disciplinary Tribunal found 10 allegations substantiated (allegations vi and xi not proven), including misuse of his firm and client account, acting despite conflicts of interest, inadequate supervision of an unadmitted clerk based at the client's offices, failing to keep proper records and allowing files to go abroad, breaching undertakings, swearing/preparing untrue affidavits, sending untrue letters, suggesting an improper course of action, and improperly releasing £1.576m from client account. Applying the Twinsectra/Royal Brunei test, the Tribunal made an express finding of dishonesty, holding that the Respondent acted knowing his behaviour was dishonest. Given the seriousness and a prior 2000 disciplinary sanction, he was struck off the Roll and ordered to pay costs of £14,724.43.

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• No taking unfair advantage
• Not mislead third parties or opponents
• No conflict between current clients
• Handle inadvertently received material
• No improper use of client money
• Supervise staff and delegated work
• Honour professional undertakings

Aggravating factors:

• Previous appearance before the Tribunal in September 2000 (fined £4,000 for accounts breaches and failure to supervise)
• Ignored a specific Law Society warning letter following inspection of his practice, as well as general profession-wide warnings on prime bank instrument fraud, money laundering and undertakings
• Conduct seriously damaged the reputation of the solicitors' profession
• Involvement in dishonest/suspicious high-value international banking and investment schemes

Mitigating factors:

• No complaints received from any investors
• No financial loss to investors (funds returned with interest in the FBCL matter)
• Letters of support / testimonials from clients
• Severe personal, financial, health and family consequences following intervention