Quinn Insurance in Administration

Started by An Gaeilgoir, March 30, 2010, 12:15:49 PM

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orangeman

Quote from: supersarsfields on June 25, 2012, 09:42:42 PM
Not sure OM. I'd be nervious. If they're held in contempt it prob nails they're chances of running the cases against Anglo. So the state will be wanting a guilty verdict. As for whether they're going to get charged or not I couldn't tell you. Think Anglo had a strong case but whether they were fit to prove without doubt I don't know.
[/b]

What's the burden of proof in this case ?.

supersarsfields

Couldn't tell ya OM. It's criminal court, so they have to prove without doubt as far as I know that the Quinns took action after the 5th July 2011. Anything before that is irrelevant in this case. I know they had documents they said proved it but turned out to be forgeries after handwriting analysis.

orangeman

Quote from: supersarsfields on June 25, 2012, 10:00:04 PM
Couldn't tell ya OM. It's criminal court, so they have to prove without doubt as far as I know that the Quinns took action after the 5th July 2011. Anything before that is irrelevant in this case. I know they had documents they said proved it but turned out to be forgeries after handwriting analysis.

That being the case, case will be thrown out.

supersarsfields

Naw I wouldn't be so sure. There was other stuff as well. But I don't know enough about it in fairness. I'm sure Anglo are confidence they have a strong case so they must have some stuff against them. 

supersarsfields





High Court to rule on whether Quinns breached court orders
Tuesday, June 26, 2012 - 07:31 AM

The High Court will rule today on whether bankrupt businessman Sean Quinn is in contempt of court orders restraining him and his family from moving valuable international assets.

His son Sean Quinn Jnr and his nephew Peter Darragh Quinn are also accused by the former Anglo Irish Bank of breaching the court rulings.

The restraint orders were made because Anglo claims it has securities on Quinn property assets valued at up to €500m in countries including Ukraine and Russia, and it wants them protected.

The Quinns do not deny every effort was made to put valuable international assets beyond the reach of IBRC, formerly Anglo Irish Bank.

What is in contention is whether these steps were taken after (and therefore in breach of) court orders secured by the bank last summer.

orangeman

Even if found guilty of contempt, I can't see the Quinns going to jail.

Ms Justice Elizabeth Dunne has indicated that she will rule on whether or not there was contempt of court before hearing arguments about what action should be taken.

The possible penalties for breaching High Court orders include imprisonment as well as fines.


orangeman

Big ruling.


Is there leave to appeal ?

AQMP

http://www.bbc.co.uk/news/uk-northern-ireland-18396329

In her ruling, Judge Elizabeth Dunne described Peter Darragh Quinn's evidence as "evasive, uncooperative and, at times, untruthful."  She said he gave the impression that he would do anything to put assets beyond reach.

The judge said Sean Quinn Junior did not give the truth in evidence and overall was not credible.

Sean Quinn Senior's evidence was also evasive and not credible, she said.

The judge said the Quinn family had taken every step possible to frustrate the IRBC as it tried to recover nearly 500m euros of assets in Russia and Ukraine.

It was "impossible to accept the evidence of Sean Quinn Senior that he had no hand, act or part in Quinn business after April 2011", she said.

She said the family's behaviour was deceitful and blatantly dishonest.

The Quinns are expected back in the High Court on Friday, when arguments will be put forward for further action to be taken against them over the contempt.

Judge Dunne warned the Quinns that, given the seriousness of the contempt case, it would be difficult to persuade her against enforcing action with "a punitive element as well as coercive".

Quinn senior hurried from the court and as he got into a car declared: "I am not dishonest."



orangeman

Quote from: AQMP on June 26, 2012, 11:38:37 AM
http://www.bbc.co.uk/news/uk-northern-ireland-18396329

In her ruling, Judge Elizabeth Dunne described Peter Darragh Quinn's evidence as "evasive, uncooperative and, at times, untruthful."  She said he gave the impression that he would do anything to put assets beyond reach.

The judge said Sean Quinn Junior did not give the truth in evidence and overall was not credible.

Sean Quinn Senior's evidence was also evasive and not credible, she said.

The judge said the Quinn family had taken every step possible to frustrate the IRBC as it tried to recover nearly 500m euros of assets in Russia and Ukraine.

It was "impossible to accept the evidence of Sean Quinn Senior that he had no hand, act or part in Quinn business after April 2011", she said.

She said the family's behaviour was deceitful and blatantly dishonest.

The Quinns are expected back in the High Court on Friday, when arguments will be put forward for further action to be taken against them over the contempt.

[b]Judge Dunne warned the Quinns that, given the seriousness of the contempt case, it would be difficult to persuade her against enforcing action with "a punitive element as well as coercive".[/b]Quinn senior hurried from the court and as he got into a car declared: "I am not dishonest."


Jail then !

armaghniac

BILLIONAIRE-turned-bankrupt Sean Quinn, his son Sean and nephew Peter Darragh have all been found in contempt of court for putting assets beyond the reach of the former Anglo-Irish Bank.

Potential punishment for contempt of court in Ireland ranges from fines and seizure of property to a jail sentence.

The former business tycoon, once Ireland's richest man, and his two relatives were found to have defied an order at the High Court in Dublin over the family's international property portfolio.

The lawsuit, brought by the State-owned bank which was rebranded last year to become the Irish Bank Resolution Corporation, claimed they shifted assets from as far afield as Ukraine and Russia into new ownership as it pursued €2.8bn debts.

The contempt ruling was delivered by Mrs Justice Elizabeth Dunne at the Four Courts in Dublin.

Delivering her judgement, Mrs Dunne said given the seriousness of the contempt case, it would be difficult to persuade her against enforcing action with "a punitive element as well as coercive".

Quinn senior hurried from the court and as he got into a car declared: "I am not dishonest."

His son and Peter Darragh were also present for the ruling.

It is the latest court battle the Fermanagh-born businessman has lost after he secured bankruptcy in Northern Ireland only for it to be overturned and a Dublin court then to declare him bankrupt.

The contempt lawsuit is one of a series of cases across several jurisdictions as the zombie bank tries to recover a €500m international property portfolio to cover unprecedented debts run up by Mr Quinn in secret and ill-fated share deals in Anglo.

In a hard-hitting judgment criticising the Quinns, Mrs Justice Dunne ruled that Sean Quinn's evidence was not credible.

She said it was "impossible to accept the evidence of Sean Quinn Senior that he had no hand, act or part in Quinn business after April 2011".

A receiver had been appointed by that time to the Quinn Group after Sean Quinn ran up the huge debts on a stock market gamble that the Anglo share price would keep rising.

The judge went on to say that his son Sean was not telling the truth and that the evidence of nephew Peter Darragh Quinn was "most untruthful".

The Quinns are expected back in the High Court on Friday, when arguments will be put forward for further action to be taken against them over the contempt

Mrs Justice Dunne said the bank had faced considerable obstacles, not to say obstruction, and had been opposed at every step as it chased the Quinn assets.

Mr Quinn Senior was described as evasive and unco-operative and accused of making lengthy criticisms of Anglo rather than answering questions in court.

"I am satisfied that he was au fait with the arrangements taking place to implement the plan," the judge ruled.

Mr Quinn Junior was found to have offered some evidence that was "simply unbelievable", including when pressed on why he was in Kiev on August 30 2011.

"As a general overview I have to say that I was not impressed with the manner in which they gave evidence," she said.

"Peter (Darragh) Quinn was evasive, less than forthright, obstructive, unco-operative and, at times, untruthful.

"He conveyed the impression of someone reluctant to be in court, to say as little as possible and of someone who simply did not tell the whole truth."

He would have said and done anything to keep assets away from the former Anglo, the judge ruled.

The bank's pursuit of assets held by the Quinns has led to a paper trail and court cases in Ireland, Northern Ireland, Russia, the Ukraine, Cyprus, Sweden and Belize.

The contempt case was told that, in the Cypriot court battle, misleading affidavits were sworn by the Quinn family.

The judge said that, during his evidence, Mr Quinn Senior spoke of the Quinn Group and its importance as an employer of 7,000 people.

"One can appreciate the ability that led to the creation of such a business empire," she added.

"Sean Quinn Senior also spoke of the honourable, respectable way in which the businesses comprised in the Quinn Group were run.

"I wish I could say the same about the manner in which the respondents have dealt with the adverse circumstances in which they now find themselves having regard to the collapse of the Quinn business empire."

The dispute between Anglo and the Quinns centres on the bank's attempt to recover €2.8bn.

"Instead of trying to repay the admitted debt due, the Quinn family, and in particular the respondents, have taken every step possible to make it as difficult as can be to recover any amount due," the judge continued.

She described efforts to hide assets as complex, complicated and costly and said they were done in a blatant, dishonest and deceitful manner.

"They have consciously misled courts here and elsewhere," the judge said.

"They have sought to deprive Anglo of the assets which would go some way to discharging an admitted indebtedness.

"The behaviour of the respondents outlined in evidence before me is as far as removed from the concept of honour and respectability as it is possible to be."

In a statement, the Irish Bank Resolution Corporation said it had been frustratingly obstructed in trying to recover the property portfolio.

Mike Aynsley, the bank's chief executive, said: "Bringing this contempt motion was a valid and necessary step for IBRC to take.

"The proven planned, covert and illicit actions taken by the Quinns and connected parties have resulted in millions of euros being lost or put at risk.

"IBRC will continue to seek to remedy this and recover as much of the remaining assets as possible on behalf of the Irish taxpayer."
If at first you don't succeed, then goto Plan B

Pangurban

Typical bloody Ireland, hound a Man who created and used wealth too the benefit of his Community and Country, while allowing the Bankers and Financiers who robbed and stole for personal gain go free and unhindered

Agent Orange

Quote from: Pangurban on June 26, 2012, 08:50:55 PM
Typical bloody Ireland, hound a Man who created and used wealth too the benefit of his Community and Country, while allowing the Bankers and Financiers who robbed and stole for personal gain go free and unhindered

My thoughts exactly. Quinn is as guilty as sin, but no more than the bankers and politicians and none of them will ever end up before the courts.

Capt Pat

#1183
Quote from: Agent Orange on June 26, 2012, 09:34:30 PM
Quote from: Pangurban on June 26, 2012, 08:50:55 PM
Typical bloody Ireland, hound a Man who created and used wealth too the benefit of his Community and Country, while allowing the Bankers and Financiers who robbed and stole for personal gain go free and unhindered
My thoughts exactly. Quinn is as guilty as sin, but no more than the bankers and politicians and none of them will ever end up before the courts.

You forgot the property valuers who valued the property so highly and got paid so well and have carried on regardless. Still claiming to be the best of the best. Not the nicest bunch of people in the world either.

AQMP

Quote from: Agent Orange on June 26, 2012, 09:34:30 PM
Quote from: Pangurban on June 26, 2012, 08:50:55 PM
Typical bloody Ireland, hound a Man who created and used wealth too the benefit of his Community and Country, while allowing the Bankers and Financiers who robbed and stole for personal gain go free and unhindered

My thoughts exactly. Quinn is as guilty as sin, but no more than the bankers and politicians and none of them will ever end up before the courts.

While I have some sympathy with the broad thrust of these posts, creating wealth and jobs does not give you the right to ignore those bits of the law you find a hindrance to your personal and commercial life.  Also, just because all the guilty are not (yet) in court doesn't mean that no-one should face up to what they have done.  In that case you wouldn't prosecute any murderers/rapists on the basis that all rapists haven't yet been caught.