Duncan Hamish Edward Kerr

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

The Respondent, a cash room and money laundering compliance partner, was found guilty of professional misconduct across 22 back-to-back conveyancing transactions where he repeatedly failed to report to lenders that sellers had not owned the property for six months/were not proprietors, that he did not control the full purchase price, and that balances were not from borrowers' funds (CML Handbook breaches), and failed to comply with Rule 24 of the Accounts Rules regarding money laundering. The Tribunal found he acted wilfully and persistently, lacked integrity, and may have facilitated mortgage fraud. He did not attend. The Tribunal found his conduct disgraceful and dishonourable at the higher end of professional misconduct and ordered him struck off the Roll, liable for expenses, with publicity. Note: the Tribunal expressly found 'lack of integrity' rather than dishonesty.

Duties found breached:

• Act in the client's best interests
• No improper use of client money
• Competence
• Report serious misconduct of others

Aggravating factors:

• 22 transactions involving the same personalities introduced by Mr D with whom Respondent had a personal connection
• Wilful and persistent conduct over a restricted period
• Conduct may well have facilitated mortgage fraud and placed lenders at risk
• Respondent had been alerted by the Guarantee Fund at earlier interviews regarding the particular care required yet took no adequate steps
• Complete lack of remorse or insight
• Wilful breach of Money Laundering Regulations
• No face to face meetings with clients; reliance on mortgage brokers for ML checks