Howard Neil McCartney

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

Sole practitioner Howard Neil McCartney failed to deliver Accountant's Reports for the years ending 30 June 2001 and 30 June 2002 (or alternatively a final Report on ceasing to hold client money) and failed to retain accounts records for six years, his records reportedly destroyed in a flood. A third allegation was withdrawn. The Respondent did not attend but made written submissions. The Tribunal found the allegations substantiated, stressed the importance of accounts compliance for public protection, and noted a similar 1984 disciplinary finding that led to a two-year suspension. No express finding of dishonesty was made. He was suspended indefinitely from 20 January 2004 and ordered to pay costs subject to detailed assessment (amount unspecified).

Duties found breached:

• Accounting records, reconciliation and reports
• No improper solicitation or touting

Aggravating factors:

• Continuing breach of regulatory requirements following closure of practice
• Prior 1984 disciplinary finding with a similar accounts-reporting allegation, resulting in a two-year suspension
• Failure to learn from previous misconduct
• Lack of cooperation; did not take the alternative step of filing a final Report or seeking records from his former bank

Mitigating factors:

• Records destroyed in a flood, circumstances said to be beyond his control
• Practice was small and had ceased; no record of any client claim or loss
• Respondent had no intention of returning to the profession