A FORMER solicitor and his client have appeared in court to face criminal charges relating to allegedly obtaining by deception and misappropriating some €8.8 million from a bank for a property transaction in which the money was never repaid.
Anthony McAuliffe (69), French Furze, Kildare, and John Duffy (42). Clogheen, Monasterevin, Co Kildare, yesterday appeared before Judge Desmond Zaidan at Naas District Court.
They both faced the same charges of allegedly obtaining the monies by deception from Investec Bank and allegedly misappropriating the funds. The sum amounts to €8.825 million and the loan dates back to March 6th.
It is alleged that two companies were set up to buy land and that the loan for the purchase was granted on the basis it was being bought by a third party and that a €7 million deposit was being paid.
However, the third party did not buy the land and no deposit was paid. Det Sgt Pat Lenehan of the Garda Bureau of Fraud Investigation told the court that when the charges were put to Mr Duffy he replied “not guilty”.
Det Garda Eamon Kelly gave evidence that when he put the charges to Mr McAuliffe, he replied that he had a buyer for the land on the day he bought it.
It is alleged that when the monies were being loaned to buy the land at the centre of the case, documents were forwarded to Investec to prove a third party buyer was in place and the large deposit was being paid.
Both accused were remanded on bail on their own bond of €10,000 and will appear again before the court in November 5th.
The men are charged under section 7 of the Criminal Justice (Theft and Fraud Offences) Act 2001 and section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001. There is a third party accused who was too ill to attend the hearing. However, that person is expected to be in court on the next hearing date.
