Courts / Clare / Report

Suspended term for company director over €2.5m tax fraud "too lenient"

Date
2018-03-05
Stage
Appeal
Primary locality
Ennis
County
Clare

Summary

Patrick Mahony, 50, former director of Boxform Ltd, pleaded guilty to five revenue offences for failing to remit VAT, PRSI and income tax for 2006‑2007. He was initially given a wholly suspended three‑year sentence and a €10,000 fine by Judge Gerald Keys at Ennis Circuit Criminal Court on 25 April 2017. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". In the Court of Appeal, Mr Justice Alan Mahon reviewed the case, noting the fraud was discovered in March 2008 when former employees sought PRSI and found no records. The company's accountant later submitted an amended return, revealing additional liabilities. Total unpaid taxes amounted to €1,224,329, with a loss to Revenue of €2,594,000 including penalties and interest. Mr Justice Mahon re‑sentenced Mahony to 12 months imprisonment, with the remaining two years suspended, and ordered him to report to a Dublin Garda station to begin serving his term.

Who, what, where, when and why

What: Report matter: Suspended term for company director over €2.5m tax fraud "too lenient". Charges or matters: five revenue offences over the failure of Boxform Ltd to remit VAT, PRSI and income tax for the years 2006 and 2007. Procedural stage: appeal

When:

Case subjects

Patrick Mahony

Appellant

Charges: five revenue offences over the failure of Boxform Ltd to remit VAT, PRSI and income tax for the years 2006 and 2007 (Admitted)

Plea: Guilty

Outcome: The Director of Public Prosecutions successfully sought a review of Mahony's sentence today on grounds that it was "unduly lenient" and he was accordingly jailed for 12 months. Mr Justice Mahon, who sat with Mr Justice George Birmingham and Mr Justice John Hedigan, re-sentenced Mahony to three years imprisonment with the final two years suspended.

Places mentioned

Residence
Court Venue
  • Ennis
  • Ennis Circuit Criminal Court
  • Court of Appeal
Secondary Mention
Garda Station

Topics

Fraud Stage Appeal

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