John Harris Muir

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

John Harris Muir, the cashroom partner and Money Laundering Reporting Officer at CRBP, was found guilty of professional misconduct in cumulo for multiple breaches of the Law Society of Scotland Practice Rules 2011, principally relating to failures to comply with the Money Laundering Regulations 2007, failure to keep proper accounting records, failure to return £6,500 of client money promptly, and failure to rectify breaches identified in a 2012 inspection that persisted to a 2017 inspection. He had given an undertaking in 2012 which he failed to honour. The Tribunal censured him and imposed a £1,500 fine plus expenses. No dishonesty or lack of integrity was alleged or found.

Duties found breached:

• AML and crime-prevention compliance
• No improper use of client money
• Not mislead third parties or opponents
• Prompt accounting and return of money

Aggravating factors:

• Number and extent of the breaches
• Breaches drawn to Respondent's attention in 2012 inspection and still unresolved by 2017
• Respondent had given undertaking in 2012 to resolve certain matters which was not obtempered
• Respondent's comment to inspectors in 2017 that carrying out risk assessments had proved too time consuming (had identified what required to be done and chose not to do it)

Mitigating factors:

• 46 year otherwise unblemished career
• No previous disciplinary findings
• Full cooperation with Tribunal procedure and Joint Minute allowing conclusion at first calling
• Now retired with no ongoing risk to public
• Insight and contrition shown, particularly steps taken after 2017 inspection
• All issues addressed and firm reinspected to Law Society's satisfaction in 2018
• No client prejudiced or secondary complainer
• No suggestion of lack of integrity or dishonesty