Dublin man jailed, fined over Eur1m tax liability

A man has been jailed for two years and fined €35,000 for failing to make tax returns with a liability of over €1 million…

A man has been jailed for two years and fined €35,000 for failing to make tax returns with a liability of over €1 million.

Patrick Mitchell (56), of Benbulbin Road, Drimnagh, pleaded guilty at Dublin Circuit Criminal Court to three counts of failing to make returns.

Judge Michael White noted Mitchell had acquired 13 properties in various areas of Dublin from 1980 onwards under fictitious names and under names of his associates.

He rented these out to various tenants but failed to make tax returns for the years 2000, 2001 and 2002.

READ MORE

Judge White said Mitchell had set out deliberately to defraud the State of substantial revenue. He imposed concurrent sentences of two years on each of the three counts and fined him €5,000 on the first count, €10,000 on the second and €20,000 on the third.

He gave Mitchell one year to pay each fine and said he would have to serve an additional three months in prison each for failing to pay the first two fines and an additional six months if he failed to pay the last fine of €20,000.

A Revenue Commissioner officer and Criminal Assets officer, referred to in court as "Officer No 5", said Mitchell signed an agreement this week with CAB agreeing to pay off his tax liabilities by selling six out of the 10 properties that were the focus of the investigation.

Det Insp Shane Fennessey told Judge White that CAB had been running a covert investigation of Mitchell's financial affairs for about six years, starting from 1997, until they eventually confronted him in September 2002 with evidence of his tax liabilities.

Det Insp Fennessey said Mitchell had acquired the various properties under fictitious names and had also bought them under names of his associates.

Investigations had included searching several offices connected with Mitchell's financial affairs.

CAB had recovered valuable information at his solicitor's office in Kilkenny from where the investigation branched out.

Mitchell, who had been a handyman, a used-car salesman and a scrap dealer for most of his working life, had bought several properties in various areas of Dublin, including Palmerstown, Rialto, Ballyfermot and Crumlin, which he then rented out.

He bought his first property in 1980 with what he claimed was money he had saved while working in England. He rented the property out, and went on to buy a total of 13 properties.

Mr Patrick Hunt, for Mitchell, said his client could no longer afford to pay the maximum fine of €126,000 for his crimes and had given power of attorney to CAB to dispose of his six properties to pay the €1 million liabilities plus interest.

"He has already been squeezed to the pips by the bureau," Mr Hunt told Judge White, pleading for a lenient custodial sentence that did not include a fine.