David Kelley

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

The respondent, a conveyancing clerk employed by a firm of solicitors from 1989-1991, was convicted on 24 November 1993 at Snaresbrook Crown Court of conspiracy to defraud and sentenced to 18 months' imprisonment. The fraud involved inducing persons to lend money on mortgage security of flats; the respondent received payments totalling £900. The Tribunal found the allegation substantiated and made a Section 43 order restricting his employment within the solicitors' profession, and ordered him to pay costs of £510.51. The respondent did not appear but maintained his innocence by letter. No express finding of dishonesty was made by the Tribunal (it relied on the criminal conviction).

Duties found breached:

• No conflict between current clients

Aggravating factors:

• Conviction for conspiracy to defraud arising from a mortgage fraud
• Fraud committed while undertaking work in the name of the employing firm of solicitors
• Custodial sentence of 18 months imposed

Mitigating factors:

• Respondent had served the custodial term imposed (paid his debt to society)