Wednesday, July 30, 2014

US fund Blackstone, Michael O’Flynn, High Court, Grant Thornton

US fund Blackstone, Michael O’Flynn, High Court, Grant Thornton

US fund Blackstone and Michael O’Flynn look poised for a legal battle for control of the developer’s property and construction empire to which an examiner and receivers were appointed yesterday.


Blackstone bought €1.8 billion in loans secured against the Cork-based O’Flynn Construction group from State assets agency Nama, in May for €1.1 billion. The deal made it the business’s principal creditor, giving it the power to call in the security for those debts, namely the group’s assets and companies.

Following an application from Blackstone’s affiliate, Carbon Finance, yesterday, the High Court appointed Michael McAteer of Grant Thornton as interim examiner to its four trading companies, O’Flynn Construction Company, O’Flynn Construction, O’Flynn Construction and Eastgate Developments.

Carbon is also appointing Grant Thornton as receivers over group companies’ shares and assets in Ireland, Britain, m the British Virgin islands and the Isle of Man. The firm’s partners, Paul McCann and Paddy Dillon, will be taking control of assets in the Republic.

The receivers are being appointed on foot of personal debt, said to be just over €20 million, owed by Michael and John O’Flynn and others.

Carbon demanded repayment of this yesterday and said that if that were not forthcoming it would appoint the receivers, giving it control over the assets involved.

Several hearings

However, it looks like yesterday’s hearing could have been the first of several that will ultimately determine who gets control over O’Flynn Construction, which has operations in Ireland, Britain, Spain and Germany.

Mr O’Flynn said in a statement, that he had begun talking to his lawyers, indicating that he is considering a court challenge of his own. Along with this, he will have the opportunity to challenge the examiner’s appointment. This was made only on an interim basis and is due back in the High Court on August 27th for a full hearing.

His statement said that both the O’Flynn Group debts and some personal loans were fully serviced with all payments up to date. However, it is understood that some of the personal debts are repayable on demand.

For its part, Carbon argues that the group is ultimately insolvent and will not be able to repay €235 million that is due at the end of this year. The US fund says that as the O’Flynn group cannot repay its debts, it is the group’s effective owner.

It bases this on the fact that the shares in its British Virgin Island-based parent, Colebridge International, are pledged as part of the security for those debts. It is clear that relations between the two sides have broken down since Blackstone acquired the O’Flynn Group debts in early May.

“Aggressive move”

Mr O’Flynn’s statement said that he had been in talks with representatives of Blackstone to agree a framework to take the business forward. “Today’s development represents a very unexpected and aggressive move on the part of Blackstone Group,” he added.


Carbon claimed in court documents that the O’Flynn Group’s directors and shareholders had not been “co-operative” and had failed to provide audited accounts for the business for 2013.

Saturday, July 26, 2014

NAMA, High Court, Anglo Irish Bank, john flynn, leona flynn

NAMA, John Flynn, Leona Flynn

Leona Flynn, wife of property developer John Flynn, has lost her case against NAMA after the High Court ruled that Mrs Flynn was a borrower of NAMA in respect of the Belfield Office Park loan.



Mrs Flynn, whose family are being pursued by NAMA for €22m, took the legal action against NAMA contending that she was not a debtor of NAMA.

She was asking the court to declare that she was no longer the owner of the Belfield shareholding, having transferred her 10 per cent interest in Belfied Office Park to her husband.

However, in a judgement issued today in the High Court, Mr Justice Cregan ruled that Mrs Flynn is 'indebted' to NAMA in respect of the Belfield Office Park loan.

It also noted that while an agreement between John and Leona Flynn to transfer her interest in Belfast Office Park was entered into in September 2007, it was not binding on Anglo Irish Bank.

The court concluded that there was no evidence that David Drumm, then Chief Executive Officer of Anglo Irish Bank, had agreed to release Mrs Flynn from her guarantees and indemnities to the bank.

The Flynns' submission that NAMA had engaged in deliberate overcharging was also rejected.
However, the judgment found that Nama gave misleading reasons for demanding repayment of loans in two letters it sent to the Flynns.

The Judge concluded in setting out "incorrect and misleading reasons" the agency acted "unfairly and unlawfully in breach of its duty of transparency."

The judge said the agency denied the Flynns the right to be heard.


Keywords: NAMA, High Court, Anglo Irish Bank, john flynn, leona flynn

Friday, July 25, 2014

Ireland Economy, Banking, NAMA, ESM, EU, Department of Finance

Ireland Economy, Banking, NAMA, ESM, EU, Department of Finance

Ireland should not get retrospective bank deal, warns German politician


Ireland should not get a retrospective recapitalisation of its bank debt, one of Germany’s most influential politicians has said:

“The ESM is an instrument for the future” said Dr Joachim Pfeiffer, economic policy spokesman for Angela Merkel’s Christian Democrats party.

“Ireland has to solve this on its own like Greece, Portugal, Spain and Germany” he said. “I don’t see it as a moral obligation”.

Mr Pfeiffer said that the success of NAMA at selling off the assets under its control points to the country’s ability to clear its debts itself.

He added that the extension of EU loans and the promissory note deal have already helped Ireland to reduce its debt burden.

Mr Pfeiffer was speaking on a brief visit to Dublin, after meetings with Taoiseach Enda Kenny and senior NAMA officials as well as Bank of Ireland chief executive Richie Boucher.

His comments pour cold water on hopes for a deal on Ireland’s legacy bank debt, stemming from the government’s decision to pump billions into AIB and Bank of Ireland at the height of the crisis.

The Department of Finance has repeatedly stated that such a deal is not off the table.

Sunday, July 20, 2014

ACC Bank, Department of Finance, Marie Mackle, KPMG, A and L Goodbody Solicitors, Kevin Knightly

ACC Bank, Department of Finance, Marie Mackle, KPMG, A and L Goodbody Solicitors, Kevin Knightly

ACC Bank

ACC Bank has promised to focus on loan recovery, and in particular to pursue Cowboy Builders who continue to profiteer from the very assets that they had put up as collateral for loans that have for a very long time been toxic. The bizarre situation has arisen due to the fact that Cowboy Builders have been able to drag out court proceedings for up to 5 years and during this time of uncertainty they have been able to pay a small rent to the Receivers and continue to profit from assets that should long since have been recovered by the Banks.




Kevin Knightly is leading the charge to ensure that all out-standing loans are satisfied by means of recovering assets held by Cowboy Builders and Developers.

Mr Knightly added: "ACC Bank has remained at the forefront of loan recovery activity in the Irish market. We will continue with our approach to loan recovery but do not need to be a fully licensed bank for this purpose."

Department of Finance

She was a lone voice at the heart of the Department of Finance, warning about the dangers of the overheating property market, but those warnings were ignored.


She now no longer works at the department, but one of those who strove to keep her warnings quiet has just become Michael Noonan's most senior official.

In April 2012, the Sunday Independent introduced the name of Marie Mackle to the country as the whistle-blower who had sought to alert the powers that be, including then minister Brian Cowen, about how the crash was coming.

Oireachtas Banking Inquiry

"I paid the price for being a whistle-blower," she claimed in an official submission to a review panel into the department after her predictions came to pass. She is however to be a star witness at the upcoming Oireachtas Banking Inquiry. Several members of the inquiry have this weekend said she is a witness they must hear from.

Derek Moran has this month been appointed by the Government as Secretary-General of the Department of Finance.

Back in 2005, Ireland was a country in the middle of a property boom. The nation was addicted to cheap money and, based on the belief that prices would keep on rising, demand exploded. The arrival of 100 per cent mortgages and a raft of property-related tax breaks poured fuel on the fire that would two years later destroy the country.

Officially, at the time, the Department of Finance and its then minister Brian Cowen lionised the success story of Ireland's property boom. They said the boom was based on sound fundamentals, a rapidly increasing population and full employment. "There is no reason to believe that any of the fundamental driving factors are about to go into reverse," Cowen said many times in speeches at the time.

However, top-secret internal emails and documents seen by The Irish Observer revealed that Mackle's isolated courageous voice within that department was screaming for the madness to stop. But the warnings were ignored and erased from public statements by senior officials, including Moran.

These secret emails show how her crucial warnings to her superiors, throughout 2005 and 2006 - at the height of the boom - that Ireland was heading for an economic crash were erased from public statements made by Cowen and the department.

Time and time again, always basing her observations on reports from bodies like the ESRI, the OECD, the IMF and the Central Bank, Mackle drafted warnings for her bosses, who noted her objections countless times, to dismiss them.

More alarmingly, the documents catalogue beyond doubt how Mackle's warnings were systematically removed and erased from draft answers to Parliamentary Questions from opposition TDs, who had begun to ask questions about the government's reliance on property-based taxes.

Mackle began raising concerns that Ireland was facing a property crash in January 2005.
The assistant principal officer began to say that evidence from various bodies like the IMF, the OECD and the Central Bank warning of great risks "deserved attention".

A month later, in an email, which was copied to Derek Moran, Mackle again noted her concern about the risks of a housing crash, but conceded that her section head ultimately had the call on what is to be included in the final reply.

"I felt it should acknowledge the risks to the housing market. However, I am new to the area. As head of the section you decide what goes into the final reply and obviously I must do as directed," she wrote. None of her concerns was contained in the final official replies given in Cowen's name, which remain on the Dail record to this day.

In 2006, Mackle's objections became more pronounced. A clearly frustrated Mackle called into question Cowen's "soft stance" on the threat of a crash. "I have difficulties with the line taken on debt, for reasons clear in the CB report. While personal views can't appear in a PQ, the minister appears to perhaps be taking a softer line than the CB on debt."

Mackle produced an alternative reply which she said "is more trenchant but has a zero chance of being passed by the department." In May 2006, an extraordinary series of emails were exchanged around the formation of a reply to a priority question from then Fine Gael TD Paul McGrath.

Again Mackle raised concerns. One email exchange between her and bosses, including Moran, showed clearly how her concerns were ignored and vanished from the official replies and how she was forced to adopt the "official position" which she totally disagreed with.

"Two replies have been drafted. The first contains material which is as close as I can get to the official position. The second represents what I perceive to be a more accurate reply but may be unacceptable to the department. I have serious doubts and reservations about the past official position on the housing market," she wrote starkly. She reiterated her concern in an email to one senior official.

The official replied: "The first reply is acceptable . . . the second reply with reference to consideration given to broadening of the tax base is not appropriate from the tax side."

It is clear that Moran was becoming annoyed at her persistence and delivered a put down to her saying that he did not want a series of emails from her, but just one email per question. "For future reference I want only one reply to each question. . . (official). Answer is okay with me. . ." Moran wrote.

A month later, Mackle was instructed by Moran to issue a highly positive statement extolling the virtues of the broad consensus that there would be a "soft landing" in comparison to her by now well-voiced concerns. "Go back to them and say this . . . the large increase in new housing supply will restore equilibrium to the market . . . There is a broad consensus amongst commentators that the most likely outcome for the housing market is a 'soft landing'. The government continues to run a prudent, stability-orientated budgetary policy . . ." Moran said to Mackle.

Wright Commission

In November 2010 she prepared a 22-page report for a departmental review group into what went so badly wrong inside its Merrion Street walls. In a dossier for the Wright Commission, Mackle said she felt she became an isolated and alienated figure within her department for attempting to speak out.

A spokesman for the Department of Finance said this weekend that Moran was merely reflecting the view of then minister Brian Cowen.

"It is not Derek's view, nor is it Marie Mackle's view; it is the position of the Minister. So the answer has to reflect the position of the minister," the spokesman said. The IRISH OBSERVER has confirmed this weekend that Marie Mackle has since left the department. She did the State some service.

Saturday, July 12, 2014

Anglo Irish Bank, William McAteer, Conspiracy charges

Anglo Irish Bank, William McAteer, Conspiracy charges

FORMER Anglo Irish Bank executive William McAteer and three co-accused will stand trial in 2016 on charges of conspiring to mislead the bank's investors about the true value of its deposit books.



The four men appeared at Dublin Circuit Criminal Court yesterday where a trial date was set for January 11, 2016.

Mr McAteer (63), who has an address at Greenrath, Tipperary town, Co Tipperary, will stand trial alongside three other Anglo and Irish Life and Permanent officials.

They are: John Bowe (50), from Glasnevin in Dublin, who had been head of capital markets at Anglo Irish Bank; Denis Casey (54), from Raheny, Dublin, who was chief executive of Irish Life and Permanent (IL&P) until 2009; and Peter Fitzpatrick (61), from Malahide, Dublin, who had been IL&P's former director of finance.

They have been charged with conspiring to mislead investors by transferring €7.2bn to make the bank appear more valuable between March and September 2008. Mr Bowe and Mr McAteer also face one additional charge each that they falsified accounts contrary to section 10 of the Theft and Fraud Act.

Judge Mary Ellen Ring suggested a trial date for late 2015.

"The longer there is no trial date, the harder it is to get people to concentrate on it," Judge Ring warned. "The longer you put it off, the longer it is in the list, the longer it will hang over all parties."

Counsel for the prosecution, Diane Stuart, assured the judge that "minds are focused" in the matter.

Judge Ring consented to a January 2016 date and put the matter in for November 24, 2014, to deal with any disclosure issues.

Murder of Sophie Tuscan Du Plantier by Vincent McKenna

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