Declan McEvoy avoids jail for fraudulent mortgage

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Declan McEvoy received an 18-month suspended sentence at Dublin Circuit Criminal Court on 27 April 2016 for dishonestly obtaining a €297,000 mortgage from AIB. The proceedings were reported on 27 April 2016. The charge covered dates between 5 May 2009 and 20 July 2009 and concerned a property in Castleknock, Dublin. McEvoy had pleaded guilty. He had no previous convictions.

The report said McEvoy used the money to clear debts in his father’s law firm. His defence counsel told Judge Melanie Greally that problems had emerged at the practice and that McEvoy obtained the mortgage to maintain both firms. Felix McEnroy SC said McEvoy had made a serious error of judgment while trying to solve problems that, in many respects, had not been his creation.

Judge Greally said McEvoy’s position as a solicitor was an aggravating factor because it involved a breach of trust. She said his exceptional mitigation allowed her to impose a suspended sentence, noting his extreme financial pressure and efforts to build a new life with his family in Australia. Separately, she said she did not believe he would re-offend, so the aim of sentencing was retribution, not rehabilitation or deterrence.