Decision record
Alex Rolf Van Der Zwaan
Allegation / charges
Breaches
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, an associate solicitor at Skadden, admitted making materially false statements to the US Special Counsel's Office on 3 November 2017 during its investigation into Russian involvement in the 2016 US presidential election, concealing September 2016 communications and deleting/failing to disclose emails to protect his position at Skadden. He pleaded guilty to a US offence and was sentenced to 30 days imprisonment and a USD 20,000 fine. The Tribunal, dealing with the matter on the papers by way of Agreed Outcome, found his conduct breached Principles 1, 2 and 6 of the SRA Principles 2011 and was dishonest. He was struck off the Roll and ordered to pay costs of £3,095.
Duties found breached:
- No taking unfair advantage
- Uphold public trust in the profession
- Non-discriminatory acceptance and cab-rank
Aggravating factors:
- Misconduct involved dishonesty
- Misconduct was deliberate
- Misconduct was to protect his position at Skadden
- Undertaken in a high-level formal interview where total honesty was required
- Dishonesty led to criminal proceedings and criminal penalties (30 days imprisonment and USD 20,000 fine in US)
- Attracted high level of international publicity
- Breach of a position of trust with nearly 9 years' experience
Mitigating factors:
- Incorrect answers brought no benefit to him and he corrected the position
- He voluntarily came forward to correct his statements, which led to his conviction
- Actions were out of character with previously unblemished career
- Good character references provided
- Under significant personal and professional strain at the time (marital adjustment, health concerns, painful skin lesions, family medical condition, heavy workload)
- Intense 8-hour interview conducted by employer's counsel
- Accepts full responsibility, remorseful and demonstrated high degree of insight
- Clean prior disciplinary record