Kevin Alphonsus Dooley

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

Kevin Alphonsus Dooley, a sole practitioner solicitor, was found to have knowingly participated in numerous dubious/fraudulent Bank Instrument Scheme transactions despite repeated warnings from the Law Society and his bank, and despite knowing his principal introducer, Mr Silver, was dishonest. The Tribunal found allegations (i),(ii),(iii),(v),(vi) and (vii) proved beyond reasonable doubt (allegations iv and viii not proved). It concluded he acted with conscious impropriety amounting to dishonesty, including using US$50,000 of Taipan's funds without authority (creating a client account shortage) and breaching the Solicitors Accounts Rules. He was struck off the Roll and ordered to pay costs (to be assessed). His High Court appeal was dismissed in February 2003.

Duties found breached:

• Proper basis for allegations
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Repeated and specific warnings from the Law Society (1996 warning letter, 1997 Yellow Card) and from his bankers (Midland Bank/Mr Chadwick)
• Knowledge from February 1998 that Mr Silver was wanted by police for dishonesty offences, yet continued to act for him
• Lending credibility to spurious schemes by allowing his name, firm and client account to be used
• 19 transactions bearing hallmarks of fraud; behaviour described as 'recklessly obtuse' and 'wilfully ignoring' evidence
• Substantial experience as a solicitor (admitted 1978); losses including CITCO funds of some US$1.5 million
• Writing misleading letters describing a fraudulent scheme as 'a good investment'

Mitigating factors:

• Numerous glowing character references attesting to high esteem, competence and professionalism
• Generally regarded as a man of honour and integrity in other parts of his practice
• Disadvantaged background and record of achievement
• Strong plea in mitigation advanced by counsel