Decision record
Brian Hoffman
Allegation / charges
Breaches, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Brian Hoffman, an experienced property solicitor and COFA at Hoffman Bokaei, faced six allegations arising largely from a back-to-back share sale transaction for a client (Mr K) who, unknown to him, was bankrupt. Allegation 1.3 (money laundering record-keeping) was withdrawn once documents were located. The Tribunal found allegations 1.1, 1.2 (banking facility breaches of Rule 14.5) and 1.4 (money laundering duties/Principles) NOT proved beyond reasonable doubt, accepting that payments were made on the client's written instructions relating to an underlying transaction under Rule 20.1(f). No dishonesty was alleged or found; a lack of integrity allegation was not proved. Only the discrete accounts-rules breaches (Rules 29.1 and 29.12) were admitted and found proved. The Tribunal imposed a £2,000 fine (reduced for means), an indefinite Restriction Order barring sole practice and COLP/COFA roles, and costs of £16,074 (reduced by one third for means).
Duties found breached:
Aggravating factors:
- Respondent knew or ought reasonably to have known the conduct was in material breach of his obligation to protect the public and the reputation of the profession
- Experienced solicitor and COFA who should have ensured compliance
Mitigating factors:
- Genuine insight
- Open and frank admissions once aware of breaches
- Full cooperation with the SRA
- Deficiencies rectified and no client lost money
- No previous disciplinary matters
- Limited financial means