Giuseppe Diviccaro’s money laundering sentence upheld on appeal

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

The Court of Appeal upheld Giuseppe Diviccaro’s sentence on 28 January 2022, refusing the Director of Public Prosecutions’ application to have it increased. The proceedings were reported on 31 January 2022.

Diviccaro, of Addison Drive, Glasnevin, Dublin, had pleaded guilty to knowingly contributing to the activities of a criminal organisation within the State on dates between 21 June 2018 and 17 July 2020. He also pleaded guilty to money laundering offences on dates between 22 June 2018 and 6 April 2019.

At Dublin Circuit Criminal Court, Judge Melanie Greally sentenced him to five years’ imprisonment, suspending the final 18 months on strict conditions. These included leaving the jurisdiction within 14 days of his release and not returning for 15 years.

The court was told that Diviccaro opened seven accounts with separate banks into which fraudulently obtained funds were transferred and then moved out quickly. More than €200,000 went into the accounts, with approximately 70% quickly transferred or withdrawn. Most accounts were opened using a legitimate Italian ID card, but Diviccaro used a fraudulent utility bill also used by many other persons of interest.

James Dwyer SC, for Diviccaro, said his client was a front man who allowed his identity to be used, rather than the brains of the operation. He said the sentence was appropriate.

For the DPP, Fionnuala O’Sullivan BL argued that the offending was an enterprise lasting two years and that a higher headline sentence should have been considered. Refusing the application, Mr Justice Patrick McCarthy said the sentence was well within Judge Greally’s discretion. He sat with Mr Justice George Birmingham, presiding, and Ms Justice Isobel Kennedy.