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, acted in 22 back-to-back conveyancing transactions (2007-2008) introduced by the same individual. He repeatedly failed to report to lenders material unusual circumstances required under the CML Lenders Handbook (back-to-back sales, lack of control over the full purchase price, deposits and incentives) and issued unqualified certificates/reports of title. He also breached Rule 24 of the Accounts Rules by failing to identify the source of client funds and carry out proper client identification, despite prior Guarantee Fund warnings. The Tribunal rejected his claim that this was merely a failure to supervise. It found professional misconduct at the higher end of the Sharp scale, describing the conduct as disgraceful and dishonourable and finding he lacked integrity (no express finding of dishonesty). His name was ordered struck off the Roll, with liability for expenses (taxed) and publicity including his name.

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 separate transactions following the same pattern
• All introduced by the same individual (Mr D) with whom the Respondent had a personal connection
• Wilful and persistent conduct; lacked integrity
• Had been previously alerted/warned by the Guarantee Fund about the care required
• Conduct may well have facilitated mortgage fraud and placed lenders at risk
• Complete lack of remorse or insight
• No face-to-face meetings with clients and no money laundering checks on files