Solicitor struck off for enabling home scheme fraud

A solicitor who helped a fraudster run a £1.6 million scheme to con vulnerable people out of their homes has been struck off by the Scottish Solicitors' Discipline Tribunal.

John Charles Nason Craxton acted for Edwin McLaren, who was sentenced to 11 years in prison after Scotland's longest criminal trial, for targeting householders in financial difficulty and inducing them to sign over ownership of their homes.

The tribunal found Mr Craxton, who gave evidence against McLaren, guilty of professional misconduct in that he acted dishonestly and in breach of his common law obligation not to facilitate fraud, failed in his duties to lenders and withheld information about fraud, and contravened numerous practice rules was well as the Money Laundering Regulations 2007 and s 330 of the Proceeds of Crime Act 2002.

Mr Craxton had already requested that his name be removed from the Roll of Solicitors in Scotland, so the tribunal prohibited the restoration of his name to the roll.

Before the tribunal Mr Craxton admitted that he facilitated McLaren’s fraud. He discussed with McLaren the scheme of buying distressed sellers’ properties in early 2008 and accepted instructions in the knowledge of his plan. At no stage did he meet any of the sellers or purchasers. In two of the transactions, he also acted for the purchasers and their lenders. He admitted being aware that the purchasers were nominees of McLaren, and that part of the loan funds would be ultimately paid on to McLaren.

The tribunal was extremely concerned about the safety of the public and the reputation of the profession. The admitted facts and misconduct demonstrated that the respondent was not a fit and proper person to be a solicitor, and should not be allowed to have his name restored to the roll in future.