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Breifne O'Brien loses appeal against jail sentence over €8.5 million ponzi scheme
Summary
Breifne O'Brien, 54, lost an appeal against a seven‑year jail sentence for a €8.5 million Ponzi scheme. He had pleaded guilty to 14 counts of deception and theft between 2003 and 2008 and was sentenced by Judge Patricia Ryan on 8 October 2014. O'Brien argued that the judge failed to consider mitigating factors such as his lack of prior convictions, his guilty plea, remorse, cooperation, loss of social standing and restitution efforts. Judge Garrett Sheehan dismissed the appeal, stating that adequate consideration had been given to these factors and that the seven‑year term was appropriate. The appeal was heard by Sheehan, George Birmingham and John Edwards. O'Brien made no reaction to the judgment. The case was noted as distinct from most other appeals before the Court of Appeal.
Who, what, where, when and why
What: Report matter: Breifne O'Brien loses appeal against jail sentence over €8.5 million ponzi scheme. Charges or matters: 14 sample counts of making a gain or causing a loss by deception or theft of around €8.5m between 2003 and 2008. Procedural stage: appeal
When:
- October 8 2014 Hearing Or Sentence
- 2003 and 2008 Other
- 2015-12-21 Publication
Why: Had he suffered from an addiction, he would have been unable to commit these crimes because they required the injured parties to place great trust in his integrity and investment skills. CNI source report
Case subjects
Appellant
Charges: 14 sample counts of making a gain or causing a loss by deception or theft of around €8.5m between 2003 and 2008 (Alleged Or Contested)
Outcome: Photo: Collins) Former businessman Breifne O'Brien has lost an appeal his seven year sentence for inducing others to advance millions of euro to him for investment in bogus property deals. He was sentenced to seven years imprisonment by Judge Patricia Ryan on October 8 2014.
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