Matthew David Cohen

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

Matthew David Cohen, cashroom manager and sole practitioner at Matthew Cohen & Associates Ltd, was found guilty of professional misconduct following a 2017 financial compliance inspection which revealed breaches also identified in 2015. Breaches included failing to return client balances promptly, anti-money laundering failures, delay in registering deeds, a 38-day client account deficit, taking fees in excess of quotes and without rendering, and failing to keep proper accounting records. The Tribunal found the case mid-range; dishonesty and lack of integrity were not alleged. He was censured and had his practising certificate restricted for an aggregate five years to acting as a supervised qualified assistant. He was found liable for expenses (amount not stated) and publicity including his name and his partner's name was ordered.

Duties found breached:

• Costs and fee transparency to client
• Fair, reasonable and lawful fees
• Handle inadvertently received material
• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports
• Diligence and timeliness
• AML and crime-prevention compliance

Aggravating factors:

• Course of conduct
• Failure to remedy issues first identified in 2015 inspection
• Conduct could damage reputation of the profession and was likely to be a danger to the public

Mitigating factors:

• Personal and professional circumstances at the time (stress, exhaustion, 'classic burnout')
• Cooperation with the Complainers and entered into joint minute
• Expressed remorse
• Insight into circumstances
• Ability to remedy limited by appointment of Judicial Factor and sequestration
• Positive references
• No prior disciplinary findings
• No client complained