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Courts / Roscommon / Report

Forestry fraudster gets an extra two years in jail

Date
2020-02-03
Stage
Appeal
Court
Dublin Circuit Criminal Court
Primary locality
Roscommon
County
Roscommon

Summary

The Court of Appeal has adjourned the finalisation of Garret Hevey's appeal, increasing his sentence from five years to six years imprisonment. Hevey, who pleaded guilty to dishonestly inducing investment in Arden FML and three counts of inducing payments by deception, was originally sentenced by Judge Melanie Greally. Mr Justice Patrick McCarthy, sitting with President George Birmingham and Mr Justice Brian McGovern, found the original sentence unduly lenient, describing the company as an "engine of fraud" that sold the same forests repeatedly. The court determined that no portion of the new six-year sentence should be suspended. Hevey's co-accused, David Peile, also known as David Marshall, pleaded guilty to similar charges and was sentenced to four years imprisonment with the final year suspended. No appeal has been lodged regarding Peile's sentence. The appeal process for Hevey is now complete with the revised sentence imposed, while Peile's case remains unchanged.

Who, what, where, when and why

What: Report matter: Forestry fraudster gets an extra two years in jail. Charges or matters: one count of dishonestly inducing investment in Arden FML between January 1, 2014 and June 13, 2016 and three counts of inducing individuals by deception to make payments on dates between September 2015 and May 2016; dishonestly inducing investment in Arden FML between January 1, 2014 and June 13, 2016 and guilty to two charges of of inducing individuals by deception to make payments on dates between September 2015 and May 2016. Procedural stage: appeal

When:

Why: Re-sentencing Hevey to six years imprisonment, Mr Justice Patrick McCarthy said Arden FML could not be regarded as anything other than "an engine of fraud" because false names were used when the business of the company commenced. CNI source report

Case subjects

David Marshall

Appellant

Outcome: David Marshall, was sentenced to four years imprisonment with the final year suspended by Judge Greally.

David Peile

Appellant

Charges: dishonestly inducing investment in Arden FML between January 1, 2014 and June 13, 2016 and guilty to two charges of of inducing individuals by deception to make payments on dates between September 2015 and May 2016 (Admitted)

Plea: Guilty

Outcome: Peile, who was second in charge and who sometimes went by the name David Marshall, was sentenced to four years imprisonment with the final year suspended by Judge Greally. No appeal has been lodged in respect of Peile's sentence.

Garret Hevey

Appellant

Charges: one count of dishonestly inducing investment in Arden FML between January 1, 2014 and June 13, 2016 and three counts of inducing individuals by deception to make payments on dates between September 2015 and May 2016; dishonestly inducing investment in Arden FML between January 1, 2014 and June 13, 2016 and guilty to two charges of of inducing individuals by deception to make payments on dates between September 2015 and May 2016 (Admitted)

Plea: Guilty

Outcome: Re-sentencing Hevey to six years imprisonment, Mr Justice Patrick McCarthy said Arden FML could not be regarded as anything other than "an engine of fraud" because false names were used when the business of the company commenced. Sentencing Hevey to six years imprisonment today, Mr Justice McCarthy said "fraudulent conduct of the present kind" must fall into the most serious category of offending.

Places mentioned

Secondary Mention
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal
Residence

Topics

Fraud Stage Appeal

Related court reports

Read the original CNI report

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