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Solicitors group dismayed at DPP stance on Fraud cases


neutral_lurker

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THE SOLICITORS Disciplinary Tribunal has said it is “extremely disappointed” that no action appeared to have been taken by the Director of Public Prosecutions in relation to three cases of suspected fraud referred to him by the President of the High Court at the tribunal’s request.

“The papers furnished by the Law Society are usually prepared with the assistance of forensic accountants and particularise in detail, with the appropriate back-up documents, the allegations of fraud. One would have thought it would be relatively easy for the Director of Public Prosecutions and/or the Garda Síochána to take the matter from there,” he said, adding that nothing appeared to have happened

Solicitors group dismayed at DPP stance on cases - The Irish Times - Tue, Oct 19, 2010


Jeez even their own body thinks the evidence against them is damning!!!
Solicitors appear to get away with murder (figuratively speaking)here why?

How many have been caught recently defrauding their customers and being allowed to still practice.

Any idea whats going on ?
 

DeputyEdo

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The reason they don't get busted is because they're mates with FF TD's.
 

Watcher2

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Perhaps when a precedent is set by one case, sooooooo many people in power in this country (and not just some of the politicians) will fall and the whole deck of cards will come crashing down.
 

ppcoyle

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In many respects Fianna Fail governments act as the Business Development function of the Bar and Law Society that generates revenue for the legal bodies, and help solicitors and barristers protect their own from sanction.

What did the tribunals really achieve other than generate fee income for barristers and solicitors? I understand that there is now a panel of 64 law firms appointed to deal with NAMA cases. Where did public tendering come into this process even though it is the taxpayer who is funding the payment of legal fees?

The AG and DPP are appointed by FF ministers - the same people who appointed Seanie to the board of the Docklands Authority. The current minister for justice is himself a solicitor and commented not so long ago about the revenue raising difficulties being faced by law firms now that the number of property transactions they handle has fallen.

To see that 3 members of the legal profession have been deemed by the DPP not to have engaged in fraud is not one bit surprising. Do people really think that we live in a democracy?
 

Thac0man

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The reason they don't get busted is because they're mates with FF TD's.
I would like to read further into this thread but there is no point, but you have nailed it. Under the current rules though the DPP has to give a reason why a prosecution is not persued, yes? Ironically though the injured and plaintiff party in most of these cases is the state, so FF will get the letter from the DPP explaining the decision not to press charges. At least getting the explanation from sender to reciever will only involve pushing the DPPs letter across the cabinet table, thus will save the taxpayer the cost of a stamp. ;)
 

deiseguy

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Under the current rules though the DPP has to give a reason why a prosecution is not persued, yes? )
I don't think so in fact I believe the opposite is the case. The DPP is precluded from explaining his decisions at all. There is some agitation to change it but it is being rightfully resisted. It would open a pandoras box of public interference in the judicial system with every decision of the dpp being second guessed by grieving relatives and victims groups.
 

Cassandra Syndrome

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Nothing new here



 

DeputyEdo

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. It would open a pandoras box of public interference in the judicial system with every decision of the dpp being second guessed by grieving relatives and victims groups.
You mean the people whom the judicial system was set up to serve would get to have some sort of say about it?
That'd be terrible alright...we can't be having that.
 

WTTR

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Now that "Eternal Damnation" is for the birds; this society appears to be open ground for those without scruples. Fraud reigns supreme among all major establishment groupings. Guess whose dictates we will be in feudal bonding to for the rest of our lives! It's an uphill battle from now on, in this land of unfettered liberalism!

What a deeply stupid and unimaginative comment. Can you not even imagine having scruples without the fear of eternal damnation breathing down yer neck?

Be truthful now. Remember: there'll be no butter in hell! http://www.politics.ie/fine-gael/139912-gay-mitchell-circulating-iona-institute-talking-points-13.html#post3073028
Toland! I hope that you did not mind me using your quote above! You did want the particular thread to continue ;)
 

Libero

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The Garda Bureau of Fraud Investigation seem happy enough to watch the years go by, bathing in the glory of having apprehended such serious fraudsters as the alcoholic who rips off his employer's cheque book, and the low-level crook who obtains a couple of grand credit under false pretences.

Búla bos, lads. You're doing your nation proud.

As for the office of the DPP, it's meant to be a black box to the public. It's also meant to be fully accountable (yet independent from) the Minister for Justice, but when has Dermot Ahern ever voiced his disquiet at the level of non-prosecution of glaring, "caught red handed" cases of fraud, especially in his own profession of solicitor?
(And especially when that fraud causes hikes in compulory professional indemnity insurance, sending solicitors out of jobs and closing practices?)

As ever, it's hard to tell if the inaction comes from general lethargy or an unspoken consensus in Official Ireland that white collar crime is a dangerous concept, and should be left unexplored, even if it means letting odious knackers like Michael Lynn walk free.
 

neutral_lurker

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Solicitor struck off over property loans fraud - The Irish Times - Tue, Jan 19, 2010


Her solicitor Robert Dore said she was consenting to all the orders being sought by the society but was making no admission of criminal wrongdoing.

The judge ordered Ms Miley to make restitution of €225,515 to a former woman client who was left at a loss of that amount because Ms Miley had given undertakings for a loan on two properties in Bray, Wicklow, when she had no instructions to do so.

Ms Miley had represented to the Alliance Credit Company that an undischarged bankrupt was the owner of the properties when in fact they belonged to the woman client, it was stated.

The court further ordered Ms Miley to make restitution to another couple left out of pocket for €9,769 after she failed to comply with undertakings which she gave on their behalf to a lending institution

Mr Murphy said Ms Miley had forged and/or falsified documents provided to the financial institution, including two for which she used her married name to get the loan for €570,000 when she and the “borrower” were one and the same person.

In an affidavit from the Law Society’s deputy head of complaints and client relations section, Anthony Watson said she used a number of false or forged documents to obtain the loans. These included a falsified page from a passport, a forged notification of a grant of planning permission by Wexford County Council for a house in support of the loan application for “Mary Ann Dore” and false payslips and P60 forms in the same name for 2005 and 2006.

She also used a forged AIB bank statement and a fake ESB bill to Mary Dore, he said.

She also fraudulently obtained or assisted in obtaining two loans in 2007 from Secured Property Loans in the name of a builder client for €200,000 and submitted a falsified valuation for a four-bedroom house at Castlebora, Enniscorthy, Co Wexford, he added.


Look at the amount of fraud involved in this case- did she ever go to jail like the man who didn't pay his litter fine
 

neutral_lurker

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Libero stories like these are frequently in the press, sometimes they don't even get struck off.

Whats happening with Michael Lynn- enquiries still ongoing?

"The rogue solicitor Michael Lynn is also enjoying the benefits of being dealt with under civil rather than criminal law. Lynn, whose alleged fraud also involves a figure of around €80 million,

For reasons best known to himself the DPP has decided not to initiate criminal charges against Lynn. This situation makes life very easy for the rogue solicitor; he can come and go as he please so long as he doesn’t return to Ireland.

When the investigation is complete the DPP must then make a decision on whether criminal charges should be brought. According to a report in today’s Irish Independent this will also take several months. We are not told why a decision like this should take so long

Civil rather than criminal proceedings allow Lynn the freedom to continue operating his businesses

Public Inquiry · Solicitors

Last December, the High Court executed a bench warrant for his arrest, but because the warrant relates to civil proceedings only, it is not enforceable in a foreign country.

Although Britain, like Ireland, is a signatory country to the European Arrest Warrant Act, an EU-wide warrant can only be issued if legal proceedings are under way, or if the Director of Public Prosecutions (DPP) gives the go-ahead for criminal charges to be brought.


Gardai powerless as Lynn to testify by video in Irish court - National News, Frontpage - Independent.ie

Why are we putting up with allowing the little people to face criminal charges when an 80 million fraud is not classed as a criminal offence and he does not even have to turn up in court.

Yesterday's proceedings

FOUR PROPERTIES owned by fugitive solicitor Michael Lynn were repossessed at the High Court yesterday.

The court was told notice of the proceedings against Mr Lynn, who left Ireland in late 2007 owing tens of millions of euro, was served by placing advertisements in newspapers in Portugal and Budapest

The judge asked if anybody knew where Mr Lynn was, but this was unknown


I just can't cope, mum tells court as she loses home - Courts, National News - Independent.ie


Ah sure!!!
 
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