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Review Your SQE 1 Practice Records

Examination Timing: 00H00M49S

After the previous transaction fell through, Mr. Anderson returns to John Edwards, the solicitor, a week later with a new property purchase. Mr. Anderson provides another cheque for the deposit and an additional £20,000 on account of costs. Several weeks later, this deal also falls through, and Mr. Anderson emails John requesting a refund as before. 

What should John do now?

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With the second transaction falling through under similar circumstances, a pattern emerges that suggests potential money laundering. This pattern gives John reasonable grounds to suspect money laundering, making it necessary to report the matter to the firm's MLRO. Under section 330 of the Proceeds of Crime Act 2002, failing to report such suspicions is an offence. By making a disclosure, John avoids the offence of failing to report and protects himself against facilitating money laundering under section 328(1). 

Key Point: This question highlights the importance of recognising patterns that may indicate money laundering and understanding the solicitor's duty to report suspicions to the MLRO to comply with legal obligations and prevent criminal activity.

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