Peter Kenneth Felton Gerber
Solicitor
149188

Decision - Prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 17 March 2024

Published date: 18 August 2024

Firm details

No detail provided:

Outcome details

This outcome was reached by SRA decision.

Reasons/basis

This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal.  This is an independent Tribunal which will reach its own decision after considering all the evidence, including any evidence put forward by the Solicitor.  The Tribunal has certified that there is a case to answer in respect of allegations which are or include that, while in practice as a solicitor at Feltons Law:-

1.On or after 17 September 2021, he provided information to prospective insurers in a professional indemnity insurance proposal form which indicated that all current and former fee-earners/partners/consultants over the past 6 years have received formal anti-money laundering training and that this had been properly documented in accordance with the requirements of the SRA. This information was false, and he knew or ought to have known it was false.

2. Between 26 June 2017 and 11 November 2022, he materially contributed to the Firm's anti-money laundering failures by failing adequately or at all to ensure the Firm had in place:

2.1 A firm wide risk assessment as required by Regulation 18 of the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

2.2 Policies, controls and procedures as required by Regulation 19 of the 2017 MLR's;

2.3 Training as required by Regulation 24 of the 2017 MLR's

2.4 Customer due diligence measures as required by Regulation 28 of the 2017 MLR's.

3. On 9 January 2020, he provided information to the SRA which indicated the Firm had in place a firm wide risk assessment. This information was false, and he knew or ought to have known it was false.

4. Between 1 April 2020 and 30 April 2020, he caused or allowed payments to be made from the Firm's client account in circumstances other than in respect of instructions relating to an underlying transaction being undertaken by the Firm and the funds arising therefrom or in respect of the delivery by the Firm of a service forming part of its normal regulated activities.

5. Between 1 November 2017 and 30 April 2022, he failed to return funds promptly to the client or a third party entitled to the funds in respect of 2 client matters.

The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.