A French actor, writer and film director claims he is the victim of an elaborate multi-million-euro fraud allegedly committed by a man who held himself out to be an “Irish lord from an ancient family” and an expert lawyer in maritime law.
The allegation has been made by lawyers representing Daniel (Dany) Boon who have secured a temporary High Court freezing order preventing Thierry Fialek-Birles aka Terry Birles aka Thierry Waterford-Mandeville and several corporate entitles he allegedly either controls or it the ultimate beneficial owner of from reducing their assets below a value of €6 million.
The corporate defendants in the action are South Sea Merchant’s Mariners Ltd Partnership (SSMM), Hibernian Petroleum Limited Partnership, United Irish Estates Limited and Hibernian Yachts Company Limited, which are all Irish registered entities, and the Samoa-registered United Far East Oriental Holdings (Samoa) Ltd.
Mr Boon’s counsel, Rossa Fanning SC, told the court that his client is the victim of an “elaborate fraud” committed by Mr Birles, who told Mr Boon “lie after lie” about a variety of matters.
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Mr Birles, counsel said, had committed the fraud by using a network of companies he appeared to have established in Ireland and other jurisdictions and is somebody who “goes by several different aliases”.
Mr Boon, who is based in Belgium, had not rushed to court and was seeking the freezing order after a thorough and professional investigation was carried out into Mr Birles and the defendants, counsel said.
Mr Fanning said that, following a recommendation from a mutual associate last year, Mr Boon, a keen sailor, engaged Mr Birles to help provide services for the actor’s yacht ‘Umaren’. Mr Birles, it is claimed, advised him to utilise Dublin-registered SSMM.
Mr Birles had represented to Mr Boon that he was a partner of SSMM, which his family established more than 100 years ago, to provide special marine services including maintenance and construction costs associated with the yacht.
Mr Fanning, with Alison Keirse Bl instructed by McCann Fitzgeralds solicitors, said Mr Boon advanced more than €2.2 million through SSMM to cover the costs of running the yacht. Counsel said Mr Boon was led to believe that Mr Birles hailed from an ancient Irish family and believed him to be a member of the Royal Cork Yacht Club.
Investment scheme
Mr Boon also claims that Mr Birles told him last July of an investment scheme with the Irish Central Bank that paid 3.25 per cent annual interest and was tax-free. Counsel said Mr Boon advanced €4.5 million of his funds to SSMM so he could participate in the scheme.
He claims that before making that payment Mr Boon was informed by Mr Birles that SSMM had been taken over by an Italian family called Rossi and that he was staying on as an adviser.
When Mr Boon sought his money back from SSMM, he was informed by a person purporting to be a member of the Rossi family that the money had been transferred to accounts in South Korea and Panama, and would be returned to him in due course. Despite his requests, SSMM has not returned his money, counsel said.
Mr Birles informed Mr Boon last November that the Rossi family had dismissed him as an adviser, owed him money and suggested suing SSMM to get his €4.5 million back. Mr Boon accepted Mr Birles’s version of events and still trusted him. His position changed after he got an anonymous tip-off from a person who claimed to have also been a victim of a fraud committed by Mr Birles, counsel said.
Counsel said that, following the tip-off, Mr Boon instructed lawyers to have matters investigated.
Arising out of that inquiry he discovered that SSMM was a vehicle of the fraud, that the Rossi family did not exist and that any messages from them were actually from Mr Birles. In addition, the purported investment scheme with the Irish Central Bank was also not real, Mr Fanning said.
Counsel said that the investigation revealed that Mr Birles has used various aliases, defrauded others and is also believed to have spent time in prison. Mr Boon, counsel said, advanced Mr Birles a total of €6.7 million between April and July of last year.
Mr Boon does not know how much of the €2.2 million advanced in respect of the yacht has been dissipated, counsel said. The investigation revealed that a company that Mr Birles recommended to insure the yacht, to which Mr Boon paid a five-figure premium, does not exist.
Mr Birles, counsel said, had established a complex network of companies in different countries, a large number of which appeared to be registered in Ireland. The corporate defendants have facilitated the fraud which he claims was committed by Mr Birles, counsel said.
Mr Birles also had a valuable property in Ireland which it is claimed was purchased and renovated with Mr Boon’s money, and a sailboat called the ‘Erin’, which is currently in the jurisdiction to compete in sailing races in Co Cork.
Counsel said Mr Boon confronted Mr Birles with the allegations in a WhatsApp message in recent weeks. He held off confronting the defendant until after the investigation had been completed. However, Mr Boon has not got his money back, counsel said.
Significant assets
Due to the presence of significant assets linked to the defendants in the jurisdiction counsel said that it was decided to seek freezing orders from the Irish courts.
At the High Court on Wednesday, Mr Justice Brian O’Moore granted Mr Boon, on an ex-parte basis, a freezing or Mareva-type injunction restraining the defendants from reducing, moving or dissipating any of their assets below a value of €6 million.
The freezing order prevents Mr Birtles from moving the ‘Erin’ from its current location at Crosshaven. It also prevents the defendants from dissipating or transferring funds in SSMM’s bank accounts with Revolut as well as accounts linked to the defendants in Panama and South Korea.
The order further restrains the defendants from disposing or transferring a property located at Strand Street, Youghal, Co Cork, allegedly beneficially owned by Mr Birles, which Mr Boon believes was acquired with his money
Mr Boon also secured various disclosure orders requiring the defendants to provide him with various documentation, in an attempt to ascertain where his money has gone.
The court placed an embargo on the media reporting the case till Thursday afternoon to allow Mr Boon’s lawyers sufficient time to serve notice of the freezing order on financial institutions.
The matter will return before the court next week.