Maman Poulet

Yesterdays Irish Mail on Sunday and today’s Irish Times report that former solicitor Michael Lynn was arrested earlier this month in Budapest. The Hungarian Police wanted to extradite him but couldn’t as there are (still) no criminal charges against him. The only charges outstanding in Ireland are contempt of court.  Lynn therefore had to be released by the police in Budapest.

The arrest in Hungary was on the impetus of the Hungarian authorities.  So what has Michael been up to in Hungary that has brought him to the attention of the police and why are they so anxious to get rid?  They investigated reports on fraud related issues before in early 2008.  Have there been further reports? (I’ve not read the Mail on Sunday so it could be outlined there but I know I have Lynn interested readers all over Europe who might wish to shed some light!)

I suppose we should also be asking the question about why the Irish Authorities 22 months on have not yet prepared charges against Mr. Lynn. (For all related posts – and there are many – on Michael you may care to wade through this).

PS. Michael I’m in Portugal next month if you fancy a chat? You might be spending more time there these days rather than Budapest?

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Did you know there was a tax amnesty last month? Country on it’s knees, social welfare being difficult to claim, cuts in public services, banks being bailed out… but if you owned land and had not paid stamp duty on it don’t worry – a deal was done and there’s been a unseemly rush to get it all sorted and landowners who ‘forgot’ to pay have been let off.

Simon Carswell reports today in the Irish Times about this ’stamp duty incentive scheme’ and the amounts collected by Revenue in the past month.

THE REVENUE Commissioners has collected an additional €7.5 million since the end of last month in stamp duty and interest for the late processing of transactions under a special penalty amnesty.

This brings the total collected by the Revenue to €37.5 million under its “stamp duty incentive scheme” to encourage solicitors to present old deeds for stamping before the introduction of electronic stamping later this year.

Solicitors who availed of the Revenue’s “incentive scheme” avoided penalties of up to 30 per cent of the duty payable.

The Revenue has collected €30.3 million in stamp duty and interest of €7.19 million under the amnesty for solicitors and clients.

Most of the instruments stamped late were deeds for property where, for example, the client may not initially have been able to afford the stamp duty.

Solicitors are normally charged a €25 penalty, interest and a surcharge penalty of up to 30 per cent of the stamp duty owing after 12 months if a deed is not stamped within 44 days of the transaction.

An accountancy source told me last month about Revenue offices staying open till midnight to allow solicitors to pay stamp duty on lands/properties purchased by their clients under a scheme – ok lets call it an amnesty and stop talking in Revenue speak. I’m not a tax accountant or in the property purchasing or legal business so bear with me and join in the comments to help me get around this gift to property developers/magnates.

Electronic conveyancing is coming in later this year – the Land and Conveyancing Bill 2006 having become an act. Things had to be gotten in order for this to happen – someone/everyone bar me knew there was a lot of land deals out there that had not had stamp duty paid on them.

Enter the Finance Act (No.2) 2008 – which brought in a 56 day waiver of penalties from date of enactment for all executed but unstamped documents provided the documents are presented for stamping along with the appropriate stamp duty and interest. So things were very busy in the Revenue Stamp Duty Section in the middle of February when the 56 days were almost up.

Still with me?? Good! I’m going to explain why you should be interested now!

Some of the land we are talking about here was purchased maybe 10 years ago – so how could the sale have been legally completed if the stamp duty had never been paid. We’re talking about a sizeable amount of money – which without an amnesty should have incurred penalties and interest. Also mortgages would have been arranged for many properties/developments and if there is one thing I’ve learnt from Michael Lynn it’s that solicitors have to give undertakings to banks about properties that the purchase is legal and complete.

So I’m wondering
a) How come the Revenue Commissioners allowed this to go on for so long – ie lands being purchased and no stamp duty being paid?
b) Can the Law Society explain how their members conducted sales of property which were not complete and how they could give undertakings to banks on the purchase of land where the stamp duty had not been paid?
c) Can the government explain why property developers and the rest get an amnesty on fines and interest on not paying their stamp duty aka obeying the law?

What else should I be wondering? I know people won’t be surprised that the builders have their paths eased to the taxman under this government – remember that on April 7th when we all being screwed again. The Government can go on about e-conveyancing and getting thing in order all they want – this smells of rotten pork barrel politics Irish style.

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In the midst of the country going belly up Michael Lynn must have been missing all the attention. €80 million going missing is only in the hapenny place in comparison to the €7bn bed and breakfast between Irish Life/Permanent and Anglo Irish Bank and Sean Fitzpatrick’s loans etc. Michael Lynn has given his first interview in hiding to the Irish Mail on Sunday.

I’ve yet to emerge from the hen house to get my personal copy of the interview but from the radio coverage so far this morning it all sounds so familiar! The banks knew what he was doing and lent him the money anyway seemingly!

No grannies lost their savings according to him – well we know thats a load of rubbish - there are loads of small investors who bought properties abroad from him who have lost out, several of whom have been in touch with me. Michael says that it’s all someone else’s problem.

Michael doesn’t think he will be going to jail or that he should.  And if he does go he’ll come back to do a few months porridge according to him. Is the deal already being done?

It seems he’s a bit homesick – ah bless…

In my knowledge of Michael’s back catalogue there is one number from his greatest hits which is so appropriate this morning and I’ll leave it for you to delight in. I may come back later following eggs benedict and a stroll in Dublin’s sunshine to comment more on the latest addition to the fable!

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by the press coverage of late about his indispostion to appear in court. (This is not to appear on any charge against himself you will remember, it’s to give evidence in proceedings between a former client, property developer Brian Cunningham, and building society, First Active. )

If he’s offended at the coverage given by Dearbhail McDonald and her colleagues in the mainstream media one can only imagine how he feels about Maman Poulet??!! Raymond Murphy (ah remember him!) told the court that his client Mr. Lynn has taken exception to it.

And you know spending ages talking about when his birthday actually is and whether he wanted to give evidence or not is only making him happier that someone is talking about him at all! The phrase ‘You Couldn’t Make it up’ rings so true about the case currently before Justice Clarke.

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Michael Lynn has the flu it seems – not sure if it is evidence flu – you know like blue flu.

However what caught my attention was Justice Frank Clarke’s request for a medical certificate. Would you trust any piece of paper put forward by a man who is missing suspected of having debts of €80m worth of fraudulent mortgages? Excuse me if that is too logical for you. After all if in the full of his health, he was supposed to be giving evidence by video link whilst ‘missing’, I’m sure that was something that stuck in the craw of many a former client.

Get well soon!

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Today is Michael Lynn’s Birthday! And it’s almost a year since the matters involving Michael came to public knowledge. (Check out Carol Coulter’s excellent report from last Saturday’s Irish Times on the matters of trust and economic downturn and the legal profession in Ireland.)

Lynn was due to start giving evidence today but Judge Frank Clarke thought he should have the day off it being his birthday (and the video link equipment was also unavailable that day!) So especially for you today Michael – a birthday wish!

Michael is giving evidence in legal proceedings in the High Court this Friday in a case between property developer Brian Cunningham and First Active. Lynn’s evidence will be by video link from London. It is reported that this evidence may extend to the following week. If so I may go have a look work commitments permitting. Lynn does have a High Court bench warrant outstanding which is unenforceable due to it relating to a civil proceedings. It is understood that criminal charges may take months and even years to organise so Michael is free to travel around Europe.

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I know you have probably heard it all before but I thought this weekend I’d give you the chance to play Michael Lynn’s whole album in one go! The widget below should keep the tracks safe for posterity (mores the pity say the musicologists) as I know many people come looking to hear them and the links get broken.  You just need to scroll up and down and click on the track you want to hear! Enjoy!

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I thought I was going delirious from the sick bed today when I heard something about solicitors for IIB bank being told by a judge to put an ad in the Irish Times looking for former solicitor Thomas Byrne.

Why don’t they all get in a bus and go to Skerries rather than relying on newspapers for photo’s of him putting out the bin? The Gardai are little use – they know where he is but it’s a civil matter before the courts and like all things ‘Michael Lynn or dodgy legal person, Thomas is a bit untouchable at the moment.

Unfortunately there is no reward out if you find him…

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Brid Murphy (or Lynn) depending where you read it, settled her case yesterday against ACC bank. If she is very lucky (and hey the dice are rolling her way so far!) she’ll end up with €450,000 if another bank don’t get there first. Even the judge yesterday seemed to step up to the gaming pit in her favour and urge Bank of Scotland Ireland) to settle with her also.

Her marriage remains intact she told the court, but she says she was duped by her former solicitor but very much current husband and the bank should have done his homework. And for her own preparatory exercises? What did Brid Murphy do when she was not signing the paperwork to buy Glenlion with Michael?

Martina Devlin has some tough words on the matter of the Lynn marriage and conjugal rights in today’s Independent.

Following the settlement of the case where to now for another solicitor who worked for Michael Lynn? Court proceedings against Fiona McAleenan continue but she made allegations of fraud in Brid Murphy’s case and they don’t just concern Michael Lynn but also others in Capel Law/Kendar etc.

In proceedings being taken against other clients of Michaell Lynn, Permanent TSB

‘claims that she, acting in her capacity as Mr Mulkearns’ solicitor, had failed to honour undertakings that she would not negotiate the loan cheque unless Mr Mulkearns had good marketable title to the property and had executed a charge over it in favour of the bank. It claims Mr Lynn is vicariously liable for the alleged acts and omissions of Ms McAleenan and it is seeking compensation and damages from both Ms McAleenan and Mr Lynn’

In the case against Brid Murphy the banks did not contest her evidence that her name was attached afterwards to documents and that she did not sign the loan applications and acceptances in the presence of a solicitor. Maybe Ms McAleenan is helped by this acceptance in her battle to clear her name. There are other names that could be thrown into the melting pot here in the operation of the deception that seems to have taken place – I’m not sure why we have not heard much about them yet.

While the soap opera in the High Court makes for good copy in the Indo it’s not getting any of the banks their €80 million or helping the home owners (or people who though they were home owners) that Michael Lynn duped. Sunny there in Portugal Michael? How are the sardines? Where is Brid meeting you this weekend?

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Uopdate – Brid Lynn has settled her case with ACC. I am awaiting news from the High Court on the damages.

Image via WikipediaDid you hear the one about the wife of the former solicitor (yeah that one) who claims that she didn’t know that her husband was getting lots of loans for their properties and is now looking for her half under marriage and property legislation. She told the court that she’s still married to him and indeed she saw him in an EU capital last week. That’s before he flew to an even closer EU capital. He’s not really missing or it seems ‘wanted’.

More wonderment in your newspapers today. Spottings of Michael Lynn and Michael Lynn related stories are of course always welcome. The collected works of the Brothers Grimm would of course not be much use but might be assisting someone at the moment!

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