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Breifne O'Brien moves to appeal prison sentence for deception and theft involving millions of euro

Summary

Breifne O'Brien, 54, has lodged an appeal against a seven‑year prison sentence imposed on 8 October 2014 for 14 counts of deception that yielded about €8.5 million between 2003 and 2008. The appeal argues that Judge Patricia Ryan did not adequately consider mitigating factors such as O'Brien's lack of prior convictions, his guilty plea, remorse, cooperation, family circumstances and loss of social standing. Counsel Patrick McGrath SC also cited the negative publicity that turned O'Brien into a "social pariah" and the "Irish Bernie Madoff" label, claiming this public humiliation should have influenced sentencing. He further highlighted O'Brien's restitution efforts, including a €420,000 return and attempts to repay larger sums, and the lack of reference to these in the judge's remarks. The Director of Public Prosecutions, Kerida Naidoo SC, acknowledged the restitution but noted no further repayments were made. Judge George Birmingham, with Justices Garrett Sheehan and John Edwards, will reserve judgment and deliver a decision soon.

Who, what, where, when and why

What: Report matter: Breifne O'Brien moves to appeal prison sentence for deception and theft involving millions of euro. Charges or matters: 14 sample counts of making a gain or causing a loss by deception of around €8.5m between 2003 and 2008. Procedural stage: appeal

When:

• October 8 2014 Hearing Or Sentence
• 2003 and 2008 Other
• 2015-11-16 Publication

Case subjects

Places mentioned

Topics

Fraud Stage Appeal Theft

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Read the original CNI report