Kenny says Anglo Charges are Imminent

[BoyRacer]

Garda report on Anglo and other bank inquiries top Shatter’s agenda - Conor Lally → irishtimes.com/newspaper/ire … 85331.html

Minister for Justice and Defence Alan Shatter has requested a file from the Garda on the investigations into Anglo Irish Bank and other alleged banking irregularities.
In his first day as Minister, Mr Shatter yesterday met Garda Commissioner Martin Callinan for talks.
“It’s an issue I have already raised,” Mr Shatter said when asked about the banking criminal investigations.
“I expect next week to get a report on how the investigations are proceeding in the context of the Garda and the Director of Corporate Enforcement.
“I want to be sure that the gardaí have all the resources they require to ensure the investigation can be completed in an efficient fashion, and all necessary information is available to the DPP.”

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[BoyRacer]

DPP defends length of Anglo investigation - Jim Cusack → independent.ie/national-news … 60672.html

The Director of Public Prosecutions has said “it is not a judicial function” to decide if prosecutions should be brought in the garda investigation into the affairs of Anglo Irish Bank.
James Hamilton yesterday defended the role of his office against recent remarks by High Court Judge Peter Kelly.
“The choice of what charges to prosecute is a function of the prosecutor alone. It is not a judicial function,” he told a conference e in Dublin.
"In selecting offences, care must be taken not to overwhelm a jury by a trial which is longer and more complicated than necessary.
“This is a further reason not to take decisions to prosecute before all the important and relevant evidence is known,” he added.
Mr Hamilton was referring to recent remarks by Judge Kelly, who criticised the progress of the Anglo Irish Bank investigation.

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DPP says office has resources for Anglo cases - Carol Coulter → irishtimes.com/newspaper/bre … ing21.html

The length of time taken to take decisions to prosecute in cases involving Anglo Irish Bank is due to the nature of the adversarial system and not to any lack of resources in his office the Director of Public Prosecutions said today.

James Hamilton told his 12th annual conference yesterday that there were some current misunderstandings about what is happening.

Earlier this month Mr Justice Peter Kelly expressed his concern about the length of time the investigation was taking.“In our system investigators investigate and prosecutors decide whether to prosecute,” Mr Hamilton said. “The prosecutor does not direct the investigation, and, except in minor cases delegated to them, the investigators do not decide whether to prosecute. Only the prosecutor has this function.”

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[BoyRacer]

DPP defends pace of inquiries into Anglo - CAROL COULTER → irishtimes.com/newspaper/ire … 58985.html

“In our system, investigators investigate and prosecutors decide whether to prosecute,” Mr Hamilton said.

“The prosecutor does not direct the investigation and, except in minor cases delegated to them, the investigators do not decide whether to prosecute. Only the prosecutor has this function.”

Following the completion of an investigation, the prosecutor prosecuted, the defence defended and the judge adjudicated between the parties, he said. This was in contrast to inquisitorial systems where the judge supervised the work of the prosecutor.

Mr Hamilton said there was one unusual aspect to the Anglo investigation in that, because of the complex and extensive nature of the investigation, he, the Office of Corporate Enforcement and the Garda authorities had agreed that files might be sent to his office before the investigation was completed.

This was so that the DPP’s office could begin to consider the issues.

Referring to resources, he said that when the scale of the investigation became apparent before the last election, he sought additional resources and was given a small but significant number of lawyers on short-term contract.

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[BoyRacer]

Anglo Irish Bank: court criticises inaction in criminal wrongdoing cases -Frank O’Reilly → internationallawoffice.com/n … d0b9719b46

The judge acknowledged the difficulties of processing the information and that some people had been uncooperative in making statements or had not yet provided them.

He stated:

"*This case may be unique as to its complexity and the volume of material that has to be assimilated but it is certainly not unique in its speed, or rather lack of it. Over the last few years, I have sent papers for consideration by the relevant investigation and prosecution authorities in a number of Commercial Court cases where Judgments for many millions and indeed tens of millions of euros were given against individuals where there was prima facie evidence of criminal wrongdoing on their part. **In some such cases admissions of wrongdoing were made. Despite the fact that years have passed since the papers were referred to the authorities, no prosecutions have ensued and little appears to have been done***."

The judge also stated that he was not alone in his disquiet.

The government has since published a bill(2) to improve procedural matters with the intention of reducing delays associated with the investigation and prosecution of complex crime, in particular white collar crime. The bill provides for court orders to identify and categorise documents to be produced in a particular manner, and for information statements to be made.

The bill also makes it an offence not to disclose to the Gardai (ie, the police) as soon as practicable information believed to be of material assistance in preventing a relevant offence being committed (including business practices of a company with intent to defraud) or in securing the prosecution of a relevant offence.

However, the provision of adequate funding to the authorities is also essential.

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[BoyRacer]

Additional file on Anglo sent to DPP last month - MICHAEL O’REGAN → irishtimes.com/newspaper/ire … 25079.html

The Garda bureau of fraud had submitted a supplementary investigation file relating to Anglo Irish Bank to the Director of Public Prosecutions last month, Minister for Justice Alan Shatter told the Dáil.

This followed the referral of two substantial investigation files to the DPP last December.

“It has been agreed between the DPP, An Garda Síochána and the Director of Corporate Enforcement that additional evidence would continue to be forwarded in such modular form, rather than on completion of the entire investigation, so that consideration by the DPP could begin even as the investigation continued, with a view to speeding up the final decision.’’

Mr Shatter said 10 gardaí were on secondment to the corporate enforcement office.

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[BoyRacer]

Anglo inquiry gets extra time to grill bankers - Tim Healy → herald.ie/news/anglo-inquiry … 34127.html

A High Court judge has agreed to extend an investigation into Anglo Irish Bank to the end of this year.
It is hoped the bulk of the garda and Director of Corporate Enforcement (DCE) investigation will be completed by the end of December, Mr Justice Peter Kelly was told.
The enactment of new laws providing that reluctant witnesses in such investigations can be compelled to give evidence are imminent, the court also heard.
Counsel for the DPP Una Ni Raifeartaigh told the judge she was in court to help it on issues concerning the investigation and the DPP was acutely aware of the need for speed.

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[yoganmahew]

This is a meaning of the word ‘imminent’ that I was not aware of.

Maybe I’m repeating myself

[BoyRacer]

Garda crisis as officers in Anglo probe retire - Tom Brady → independent.ie/national-news … 67290.html

Two of the top gardai involved in the Anglo investigation have retired from the force.
Their early retirements highlight the growing crisis facing the force as senior officers leave early before changes to pension arrangements in the new year.
The head of the fraud bureau, Det Chief Supt Martin McLoughlin, retired at the weekend and one of his two superintendents, Pat Collins, has also left the force. Specialist units in the gardai are being badly hit by the exodus, with vacancies also arising in the national drugs unit, the national bureau of criminal investigation and the national immigration bureau.
And there is no indication yet from the Government that promotions will be sanctioned to allow the Garda Commissioner to appoint replacements.
Some gardai were due for retirement on age grounds but others as young as 51 have decided to leave.

[BoyRacer]

Gardai probe role of more officials in Anglo Irish - Tom Brady → independent.ie/national-news … 31385.html

Another batch of officials from the former Anglo Irish Bank face a potential grilling by gardai investigating alleged financial irregularities.
Officers have completed their inquiries into the roles played by senior executives at the bank over the past few years.
But now discussions are under way on whether officials employed at mid-rank positions at the time should be called in for interview.
“A decision will be made shortly,” a senior officer said.
Gardai completed their existing files for the Director of Public Prosecutions (DPP) after arresting former bank chairman, Sean FitzPatrick, for the second time in December.

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[ps200306]

@Dubhgeannain

@IT

Fine Gael leader Enda Kenny has said the Garda file on the Anglo Irish Bank affair recommends to the Director of Public Prosecutions (DPP) that charges be brought against “less than half a dozen” individuals.

Mr Kenny told reporters in Brussels this morning that he did not know which people were concerned but believes the file was now on its way to the DPP’s office.

“I understand the file is to go to the DPP, that there will be a recommendation there that a number of people would be prosecuted or would be followed through with a view to prosecution,” he said.

“I understand that it’s a small number of individuals. I haven’t obviously seen that file and I don’t have access to the people who are mentioned in it but I understand it’s a small number, less than half a dozen.”

irishtimes.com/newspaper/bre … ing14.html

A man with reliable contacts in the Gardai it seems.

Ok, so as of today we know that “imminent” means “in around two years”.

[BoyRacer]

Anglo Irish Bank criminal cases could run for several years, High Court told - Mary Carolan → irishtimes.com/business/sect … -1.1653989

Criminal proceedings arising from the investigation into the 2008 collapse of the former Anglo Irish Bank could run for several years when the right to appeal is take into account, the High Court has been told.

Further charges arising from the investigation carried out by the Office of the Director of Corporate Enforcement (ODCE) may also be brought, Mr Justice Peter Kelly heard.

The judge said, due to his concern to “ensure impetus is maintained” in the investigation, he would extend it for another year, not for the three years sought by the ODCE, and the court would review the position on January 20th, 2015.

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[BoyRacer]

Jury sworn in for trial of three former Anglo executives - → irishtimes.com/news/crime-an … -1.1675009

Seán FitzPatrick, William McAteer and Pat Whelan to go on trial at Central Criminal Court next week

A jury has been sworn in for the trial of former Anglo Irish Bank chairman Sean FitzPatrick and former executives Pat Whelan and William McAteer.

The jury of eight men and seven women was sworn in over the course of two hours at Dublin Circuit Criminal Court today.

The trial is due to begin in evidence next Wednesday at 11am. It is the first time an enlarged jury of 15 has been used, as provided for by an amendment last year to the 1976 Juries Act. The amendment allows for enlarged juries to be selected for lengthy trials.

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[TheEmigrant]

@dipole

40 minute Sean Fitzpatrick interview from 2007. Only just skimmed through it. He talks a good game, he does.

From 07:08 in that interview:

"The day will come when you are at a dinner party and you say you work in Anglo Irish Bank… there will be silence around the table. Why? Because they wanna see who is that professional, talented person.

It’s like poor satire.

[nosy_parker]

Serious question - who is paying his legal fees? Is he getting Legal Aid? Is his wife paying?

[Punter]

Right thread this time…

rte.ie/news/2014/0409/607762-anglo/

The jury in the Anglo Irish Bank trial has been directed to find Pat Whelan not guilty of seven charges of being privy to the fraudulent alteration of a loan document and to find Seán FitzPatrick not guilty on charges related to the Quinn family loans.

Mr FitzPatrick remains charged with giving illegal loans to the ‘Maple Ten’.

“For good reason I have directed not guilty verdicts,” Judge Nolan told jurors. “It will all be made apparent to you in due course.”

The jury is to return at after lunch when it will hear if the defence intend to call evidence.

Mr FitzPatrick still faces ten charges of illegally loaning money to the Maple Ten Group of investors to buy shares in the bank.

This was part of a plan to unwind Sean Quinn’s 29.4% control of Anglo which officials believed was driving down the share price.

Mr Whelan and former Anglo Director of Finance William McAteer also still face these charges as well as six charges relating to the loaning of money to the Quinn family.

The three accused are charged at Dublin Circuit Criminal Court with breaching Section 60 of the Companies Act 1963 by lending money to investors to buy shares in Anglo.

Mr Whelan, 51, of Malahide, Dublin and Mr McAteer (63) of Rathgar, Dublin are accused of 16 counts of providing unlawful financial assistance to 16 individuals in July 2008 to buy shares in the bank. The 16 individuals are six members of the Quinn family and the Maple Ten group of investors.

Mr FitzPatrick, 65, of Greystones, Co Wicklow, is now charged with loaning money to Maple Ten only.

All three have denied the charges.

[BoyRacer]

ODCE boss: ‘Long-running Anglo probes are a success’ - Geoff Percival → irishexaminer.com/business/o … 70152.html

Director of corporate enforcement Ian Drennan has hailed as a success his office’s long-running investigation into business practices at the former Anglo Irish Bank.

He is heavily constrained by what he can say regarding the issue with another two Anglo-related court cases pending and the formal sentencing of the bank’s former directors, Pat Whelan and Willie McAteer, not due for another two months.

Mr Drennan said yesterday that while sentencing and convictions are the preserve of a judge and jury, the fact that evidence was brought by the Office of the Director of Corporate Enforcement and the recent cases didn’t collapse reflects well on the criminal justice system and should be deemed a success by the organisation.

Mr Drennan — who succeeded Paul Appleby as the ODCE head in late 2012 — said his office will remain involved with some form of Anglo-related investigations for some time to come.

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[FreeFallin]

Good stuff Ian Drennan…I’d say he’d reckon the Titanic’s maiden voyage was a success also, as it nearly made America

[Col_Max_Pyatnitski]

@FreeFallin

Good stuff Ian Drennan…I’d say he’d reckon the Titanic’s maiden voyage was a success also, as it nearly made America

More that they managed to get out of port, without the ship rolling over in port, exploding, and killing all aboard as well as everyone on land within a 100 mile radius.

Of course, he’s half way to being fully on the ball. The court case was a success as it led to an acquittal for Fitzpatrick, it led to non custodial sentences for the other two goons, and all round it hasn’t rocked the boat particularly. If it had collapsed, it would have been a much worse outcome, not because of failing to bring people to justice, but because it would have stripped away much of the pantomimesque shadow-play and made it unambiguously clear there was no intention/ability to punish white-collar wrong-doing. Instead, he and his colleagues got it through the system and give the cover that “process was followed and a result obtained”.

His statements probably trigger the correct responses in those he’ll be looking for a sinecure from in the future.

[BoyRacer]

McAteer and Whelan charged in relation to €8m loan - → businessandleadership.com/le … n-charged/

Former Anglo Irish Bank directors Willie McAteer and Pat Whelan were charged today in relation to an alleged fraudulently obtained loan of more than €8m.

They were arrested by arrangement this morning and brought before Dublin District Court where they were charged with one count each of breaching the Companies Act in 2008.

McAteer is charged with fraudulently securing a personal loan of €8.246m from Anglo to pay off a Bank of Ireland debt the day before the bank guarantee in September 2008. Whelan, meanwhile, is charged with being a party to the loan.

McAteer and Whelan were granted bail and the case has been adjourned until 3 November 2014.

source