Judge will decide next month whether to activate suspended sentence against unlicensed mortgage broker

By Francis Carroll, The Drogheda Independent

A judge has said that he will finalise next month an application to activate a suspended sentence against an unlicensed mortgage broker.

Judge Dara Hayes noted that a further €8,000 compensation which Jimmy Cumiskey (64) had come up with represented “some progress” but is “very far short of what is needed.”

In November 2024 at Dundalk Circuit Court, the defendant, of Sliabh na gCloch, Jenkinstown, Dundalk, received a three-and-half year sentence, the last two years suspended.

He had previously pleaded guilty to seven counts on an amended indictment. There were 21 charges on the original indictment, seventeen of which related to cheques given to the victims in various amounts totalling €25,260 which ‘bounced’.

Mr Cumiskey had taken booking deposits from people for mortgages which never materialised.

In addition to jail time, Judge Dara Hayes gave the defendant a deadline to compensate four individuals in amounts more than they were owed to take account of inflation and the fact that they had not been fully reimbursed after six years.

The court was told of a proposal to sell the defendant’s house to raise more compensation.

Judge Hayes said that before August 31, 2025, the defendant was to pay compensation of €12,500, €5,000, €29,000 and €23,500 to the respective victims.

Today's News in 90 - Thursday January 15

Mr Cumiskey received temporary release from prison on December 23, 2024.

The case was listed as a Section 99 Re-entry at Dundalk Circuit Court in November 2025 when prosecuting counsel Steven Dixon sought to have the suspended portion of the sentence activated for alleged breaches of the conditions of the suspension.

Counsel said that €12,000 of the first amount was paid last July but there has been no further payments.

Judge Hayes adjourned the application to January 13 of this year.

This week counsel for Jimmy Cumiskey said a letter handed into court indicated he was in the process of selling the house.

Two banks drafts in amounts of €5,000 and €3,000 were available.

Mr Dixon said that State Solicitor for Co. Louth, Fergus Mullen received no reply to a letter he had written on November 17, 2025, outlining what was said in court.

There had been an undertaking that the house was in the process of being sold but no subsequent documentation had been provided in respect of that.

There were judgement mortgages on the folio of the property.

Mr Dixon continued that there was a reply to a follow-up letter in January from Mr Cumiskey’s solicitor saying contracts for a €455,000 sale were out and that a letter would be provided outlining progress to date.

Counsel said, “No update has been provided on the sale of this property.”

He added, “At the very last second dribs and drabs of money are being handed over.”

Mr Dixon said that undertakings had been given on multiple occasions, yet still no evidence had been received that the house was at “sale agreed” nor an indication when funds would be in Mr Cumiuskey’s solicitor’s possession.

"He has to live up to his obligations.”

Barrister Eoghan Fagan, standing in for counsel Ronan O’Carroll. submitted that Mr Cumiskey had provided some progress with the money orders.

Mr Fagan said that he could understand the concerns and could relay his client’s intention to discharge the compensation.

Judge Hayes said that he would not finalise the matter in Mr O’Carroll’s absence.

There had been some progress but very far short of what was needed.

If there was no purchaser of the house there needed to be an exploration in the short term for the discharge of monies.

Judge Hayes said he would finalise matters by the end of this court session in late February.

In the meantime, the application was adjourned to January 27.

The judge said that the €8,000 in court could be given to the prosecuting garda.