John Harris Muir

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

John Harris Muir, former cashroom partner and MLRO at CRBP, was found guilty of professional misconduct in cumulo for multiple breaches of the Law Society of Scotland Practice Rules 2011, primarily failures to comply with the Money Laundering Regulations 2007, failure to keep proper accounting records, failure to return client money promptly (£6,500 held inappropriately), and failure to rectify breaches identified in a 2012 inspection which persisted at a 2017 inspection despite an undertaking. The Tribunal found no dishonesty or lack of integrity. He was censured and fined £1,500, and found liable for expenses.

Duties found breached:

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

Aggravating factors:

• Number and extent of the breaches
• Breaches drawn to Respondent's attention in 2012 and still not resolved by 2017
• Undertaking given by Respondent in 2012 to resolve matters not obtempered
• Respondent's comment to inspectors in 2017 that risk assessments had proved too time consuming (identified what was needed but chose not to do it)

Mitigating factors:

• 46 year otherwise unblemished career
• Full cooperation with Tribunal procedure and Joint Minute allowing conclusion at first calling
• No previous disciplinary findings
• No ongoing risk to public given age and retirement
• Insight and contrition shown, particularly steps after 2017 inspection
• All matters addressed by 2018 reinspection
• No client prejudice or loss
• No suggestion of lack of integrity or dishonesty