A MAN WHO fraudulently obtained a mortgage on his parents’ house in order to repay his older brother’s drug debt has avoided jail.
David McGuinness (27) presented a fake pay slip and bank statement during the application process and the bank had already advanced the loan before the fraud was detected.
The money was handed over to a criminal gang to pay a drug debt and McGuinness did not profit personally.
The court heard the €99,000 mortgage was being paid and the bank was not at a loss.
McGuinness, of Decies Road, Ballyfermot, Dublin pleaded guilty at Dublin Circuit Criminal Court to obtaining a mortgage by deception and using false instruments, a Bank of Ireland statement and a payslip, at Permanent TSB, Rathfarnham on June 14, 2013.
He has 21 previous convictions.
‘Sophisticated’
Judge Melanie Greally said it had been a “relatively sophisticated operation” and all the documentation presented to the bank appeared to be legitimate.
She said it seemed his brother’s drug addiction had brought significant trouble to the family and approaches from drug dealers had put a lot of pressure and imposed considerable hardship on them.
Judge Greally said a probation report before the court was largely positive and noted McGuinness appeared to have potential in his work prospects and demonstrated a good work ethic.
She imposed a two year sentence which she suspended in full and also ordered that he carry out 240 hours community service within one year.
Garda Shane Whelan told Fiona McGowan BL, prosecuting, that McGuinness had presented the false documents in order to misrepresent his circumstances while in the process of applying for a €99,000 mortgage on his parents’ home in Clondalkin.
Suspicions
The fraud did not not immediately come to light and gardaí were alerted later after suspicions were raised by bank staff carrying out further checks.
The court heard the loan had already been advanced to McGuinness but that the false documents had made the bank assess the risk differently than it otherwise would have.
Garda Whelan agreed with Rebecca Smith BL, defending, that McGuinness had not come to any further garda attention and that the bank was effectively not out of money but had loaned the money on the basis of false information.
Whelan agreed that the false documents were sophisticated and said he doubted that McGuinness had created them himself.
The officer said he had no reason not to accept that the purpose of the loan was to service a drug debt on behalf of his McGuinness’s older brother.
Ms Smith said the money was handed over to a criminal gang and the family were not keeping it for themselves.
She said the bank had loaned the money on false premises but the mortgage was being paid and if it was not paid in the future the loan was secured on the property and proceedings could be taken.
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