Decision record
Stefanie Anne O’Bryen
Allegation / charges
Breaches, Code of Conduct for Firms 2019, Code of Conduct for Solicitors, REL's & RFL's 2019, Money Laundering Regulations, Solicitors Accounts Rules 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a sole practitioner and compliance officer (COLP, COFA, MLRO, MLCO) of Watlington Solicitors, admitted eight allegations including failing to keep accurate accounting records, causing client account shortages (£6,079.73 and £3,487.10), failing to have a FWRA and AML policies, making a false and misleading declaration to the SRA regarding a FWRA, failing to conduct adequate CDD/EDD, and failing to carry out due diligence on and supervise consultants (including a disbarred barrister posing as 'Asad Sahi' and a struck-off solicitor posing as 'Edward Elkins'). The conduct was found to lack integrity, but no express finding of dishonesty was made (the false declaration was found careless/unintentional). On an agreed outcome dealt with on the papers, the Tribunal suspended her for 18 months followed by indefinite practising restrictions (barring sole practice, compliance roles, holding client money, and being a signatory on client accounts), and ordered £25,000 costs.
Duties found breached:
- Proper basis for allegations
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- No improper use of client money
- Prompt accounting and return of money
- Account for interest on client money
- Supervise staff and delegated work
- Firm governance, systems and compliance
- Not misrepresent regulated status
Aggravating factors:
- Client account shortage repeated between January 2020 and February 2024
- Misconduct continued over time despite two forensic investigations
- Experienced solicitor holding positions of responsibility (sole manager, sole owner, COLP, COFA, MLRO, MLCO)
- Significant harm or prospect of significant harm to a number of clients
Mitigating factors:
- Full and appropriate admissions and co-operation with the SRA
- Over 20 years running a successful practice with a good regulatory record
- Efforts to mitigate effects of Asad Sahi's failures on clients
- Was herself a victim of a fraudster (Asad Sahi/Yawar Ali Shah) who used false identity and was vouched for by other professionals
- Serious illness (breast cancer diagnosis, operations, radiotherapy) and anxiety during relevant period
- No client suffered loss; sufficient office account funds to cover shortfalls
Codes & rules applied
Duties engaged
- Proper basis for allegations
- Integrity
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- Segregate client money
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Account for interest on client money
- Safeguard documents and limit liens
- Supervise staff and delegated work
- Firm governance, systems and compliance
- AML and crime-prevention compliance
- Not misrepresent regulated status