Courts / Clare / Report
Man behind £20m tax scam to be extradited to UK
Summary
The High Court ordered the extradition of Daniel O'Connell, 65, the alleged "controlling mind" behind a £20 million VAT fraud. O'Connell, who lives in Clare and Limerick, had challenged the extradition on grounds of delay, his right to a fair trial and his indigence. Justice Aileen Donnelly rejected all objections, stating no evidence of a real risk to his rights. O'Connell was convicted in 2000 for five VAT evasion offences and sentenced to eight years, released on licence in 2003. A confiscation order of almost £6 million was imposed, with a seven‑year sentence for default. By 2016 the balance was nearly £6 million plus interest. He was arrested in 2017 under a European Arrest Warrant and will appeal the extradition order next Wednesday.
Who, what, where, when and why
What: Report matter: Man behind £20m tax scam to be extradited to UK. Procedural stage: sentence. Findings: Convicted
When:
- August 9, 2000 Hearing Or Sentence
- August 1, 1996 Hearing Or Sentence
- March 25, 1999 Hearing Or Sentence
- March 2003 Hearing Or Sentence
- January 2003 Hearing Or Sentence
- May 2004 Incident
- September 2016 Incident
- 1997 to 1999 Other
- 2019-02-22 Publication
Why: " Ms Justice Donnelly also said the High Court can only refuse to surrender someone "where there is a real risk that his rights cannot be protected or were not protected in the issuing state because of a defect in the system of justice there such that it would be egregious to surrender him". CNI source report
Case subjects
Defendant
Finding: Convicted
Outcome: Convicted; In addition, in January 2003, Mr O'Connell was also made subject to a confiscation order for almost £6 million to be paid by May 2004 – for which an additional sentence of seven years' imprisonment would be imposed in default of payment. In her written judgement today, Ms Justice Donnelly noted that the EAW stated: "It is important to note that sentence in default is not ancillary, but integral to the overall sentence for the criminal offence." Ms Justice Donnelly, in her judgement, also noted that Mr O'Connell had argued that to be jailed for seven years in addition to the time he has previously served was "disproportionate to the crime" and "disproportionate in circumstances where [Mr O'Connell] was indigent and unable to pay".; He said: "The £13 million that he is now expected to pay and the detention for failure to pay it is grossly disproportionate." The High Court today heard father-of-three Mr O'Connell, who was remanded on continuing bail, will make an application to appeal the extradition order next Wednesday at 10.30am.
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Related court reports
- "Controlling mind" behind £20m tax scam to appeal extradition to Supreme Court
- Extradition of man behind multi-million pound tax fraud "in public interest", court told
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