Courts / Carlow / Report
Solicitor avoids jail for taking out fraudulent mortgage
Summary
A solicitor who admitted to dishonestly obtaining a mortgage with AIB for €297,000 between May 5, 2009, and July 20, 2009, has been given a suspended sentence. Declan McEvoy (50), who was principal at William Early Solicitors in Carlow town, pleaded guilty at Dublin Circuit Criminal Court. His defence counsel highlighted that McEvoy was under extreme financial pressure and that he made a serious error in judgment to resolve issues that were not entirely his creation. Judge Melanie Greally noted that McEvoy's actions brought disgrace upon himself and his profession, which was an aggravating factor. However, she acknowledged his exceptional mitigation and the likelihood that he would not re-offend, leading her to impose an 18-month suspended sentence. The matter was adjourned following the sentence. Another Carlow defendant was also present, but no charges were listed against them, and their plea and sentence details were not provided.
Who, what, where, when and why
What: Report matter: Solicitor avoids jail for taking out fraudulent mortgage. Charges or matters: dishonestly obtaining a mortgage with AIB for €297,000 on dates between May 5, 2009 and July 20, 2009. Procedural stage: sentence
When:
- May 5, 2009 Hearing Or Sentence
- July 20, 2009 Hearing Or Sentence
- December 2009 Hearing Or Sentence
- August 2009 Hearing Or Sentence
- September 2011 Hearing Or Sentence
- 2016-04-27 Publication
Why: Declan McEvoy later used the €297,000 he fraudulently obtained from AIB in order to clear debts in his father's firm. CNI source report
Case subjects
Defendant
Charges: dishonestly obtaining a mortgage with AIB for €297,000 on dates between May 5, 2009 and July 20, 2009 (Admitted)
Plea: Guilty
Outcome: She said such cases would typically warrant a jail term "in the public interest" but that McEvoy's "exceptional" mitigation meant she could impose a suspended sentence.
Places mentioned
- Dublin
- Dublin Circuit Criminal Court
- High Court
Topics
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