“Can you tell me something, are there, have there been, any steps taken to have Mr Lynn charged? Whether an international arrest warrant has been served?”

Out of the mouths of Judges comes a bit of disbelief and oh maybe common sense.  Except that Mr. Justice Brian McGovern was asking the question of a lawyer for a bank!

Off in Cabanas de Tavira in Portugal enjoying the sun and sardines when he’s not flitting about Central and Eastern Europe sits Michael Lynn. Yesterday in court another bank got posession of another set of properties he bought using a mortgage awarded by Anglo Irish Bank.

Some might think that given everything else that has happened with banks and developers in the past three years that Michael Lynn’s story is inconsequential. I would argue that that this line of thinking is bullshit.  Lynn didn’t just borrow money and forget to pay it back or become unable to – numerous cases have been through the courts showing that several mortgages were awarded on the same properties without banks being aware. Lynn has been removed from the Law Society as a member - convicted by his peers (eventually).

Why is there no European Arrest Warrant for Lynn? If one could have been drawn up by the PSNI and acted on by the Gardai for Liam Adams in a matter of weeks why is the singing ex solicitor still in the sun?  Surely the Garda Fraud Squad and other units  have enough evidence to get one issued based on the case being built since he went missing in 2007?

Ah sure even to divert attention from NAMA and the like wouldn’t a showtrial help a government in bother? (Deeply cyncial thinking there but you’d think someone would be shouting loudly for a bit of perp walking especially one who didn’t donate to Fianna Fáil or the Vatican…)

(For the bewildered some of the stuff on Lynn over the past few years can be found here.)

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?

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.

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!

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 is going to be a video star!!

That would explain how Maman Poulet heard that he was seen having lunch with his wife Brid in Portugal. (The video evidence was due to be given in Covent Garden in London.)

Mr Justice Clarke said he would review the matter overnight but added ‘that it appeared Mr Lynn may have given a false account of why he would not be able to give evidence.’

The Judge said that there is no reason to doubt Mr. Lynn’s lawyers. I beg to differ! But sure I’m only a humble blogger.

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!

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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Michael Lynn is wanted for contempt of court, struck off from being a solicitor and loads of banks and clients want their money back…but he doesn’t want to come home (poor diddums) but there’s another court case going on where his testimony could help out a bit. So the client who needs a ‘dig out’ decides to chance his arm and say that Michael could do it by video – and the judge agreed!!

Mr Justice Frank Clarke said it was “hardly surprising” that Mr Lynn did not want to return to testify in person given the warrant over his contempt of court for failing to show up for a court appearance last year and that the solicitor could be the subject of Garda enquiries if he returned.

The judge permitted Mr Lynn’s evidence to be heard by video-link, saying it could have relevance on his judgement in the case taken by the Cunningham Group, which is owned by Galway builder Brian Cunningham, against the bank…..

…Counsel for Cunningham had argued that film director Roman Polanski had been allowed to testify via video-link from Paris in a successful libel action in London because he feared that if he returned to England, he would be arrested and extradited to the US where he is wanted on charges of having sex with an underage girl dating back to 1977.

Counsel for the bank had argued that to allow Mr Lynn to give evidence would be “an affront to the public conscience” as the outstanding arrest warrant was issued by the court, from which video-link order was sought, because of his refusal to come attend and give evidence to that court.

Yes I think there will be a lot of conscience’s affronted tonight!

There is no use in saying to the Gardai that they should hang around the venue in Budapest and nab him…it’s not a criminal charge that Michael Lynn is wanted for – no criminal charges have been set yet – if ever! So he’s safe…

Ah who needs the silly season when you have the Irish justice system! Michael is probably relaxing in the Gellert or somewhere as he reads this. Waves…