Angry letter from a policeman

A strong, angry letter from the Garda Representative Association in today’s Irish Examiner.

Credibility crisis for politicians

THE Government and our politicians lack the credibility required to lead the country. We’re told the country is in deep financial trouble, yet they continue to draw ridiculously inflated salaries, totally out of proportion to our size as an economy.

If, as the Taoiseach says, we all need to “put our shoulders to the wheel in order to save the economy”, why is it that public sector workers feel Mr Cowen’s weight, in addition to that of all the the other TDs and senators, on top of that wheel.

Where are the swingeing cuts to their salaries and expenses which would lend some credibility to their pronouncements? The public sector, on top of the pension levy, are to be hit with a 25% cut in travel and subsistence expenses while, at the same time, TDs are to receive a 10% cut to their expenses.

Is there something wrong with that? The public sector represents about one- sixth (or 17%) of the population currently in employment. What about the other 83%?

If gardaí, nurses, firemen, teachers, etc, receive a 7% or 8% cut in their wages they may no longer be able to pay their bills and feed their families, yet if the politicians, department mandarins and other fat-cats took a 50% cut across the board, they would still have a lifestyle the rest of us can only dream about.

The financial regulator, on retiring, walked away with more than e600,000 as a thank you.

Thanks for what? Have you seen the state of the banks? On that subject, our pension fund was used to recapitalise the banks.

If the banks needed money, how can the Bank of Ireland pay its workers a 3.5% pay increase which is being denied to both the public and private sectors at large. An all-party committee set up by the Dáil to look at ways of reducing the expenses of TDs and senators has, to date, cost the taxpayer an extra e400,000.

This whole thing is a sick joke on the ordinary people of this country.

When the Taoiseach starts to address that we can make progress and maybe save this country if its not already too late. Leadership. Not self-preservation.

Michael Corcoran
Centra Executive Committee
Garda Representative Association
Anglesea Street
Cork

Groundhog Day (again)

From an Irish point of view there is absolutely nothing new about the recent scandals involving Anglo Irish and other banks. Theft and fraud within the Irish financial sector has long being an integral part of Irish culture.

Such activity is common because the State itself officially accepts such behavior as the norm and, over the years, has developed a whole raft of mechanisms and strategies to protect those in the financial sector who regularly engage in criminal activity.

We only have to look back at any one of the many scandals of the past thirty years or so to confirm the truth of the situation.

In this case I’ve chosen the Ansbacher scandal because, like the Anglo Irish Bank scandal, it involves secret names and a golden circle.

It will be obvious after reading the following quotes, opinions and comments that nothing has or is about to change in corrupt Ireland.

((My comments are in brackets, emphasis mine).

On the 27th September 1999 the then Tanaiste, Mary Harney, gave the following excuse for not publishing the Ansbacher names.

“If the Government were to break the law and publish the names, everybody on the list would walk free and prosecutions would not be brought.”

(During the Ansbacher scandal Harney constantly made the case for secrecy because, she claimed that she was absolutely determined that prosecutions would follow, that justice would be done).

When the Ansbacher report was finally published in 2002, five years after the scandal was first uncovered, Mary Harney’s party colleague and Minister for Justice Michael McDowell cautioned against public expectations that a rash of arrests and prosecutions would follow.

(This is thinly coded message for the crooks – Don’t worry, our strategy of putting things on the very long finger worked, you’re all off the hook).

(Nobody was ever prosecuted for the Ansbacher criminality. Those involved did secret deals with Revenue and a few were banned from acting as company directors. The exact same strategy is being adopted by the present Government to protect the bankers).

Mary Harney (Still in office) must have had a moment of Déjà vu as she listened to Brian Cowen.

“Be assured that the suggestions being made quite frankly by political opponents that I’m in some way not very much in favour of bringing this into the public domain as soon as possible consistent with the proper investigation of this which wouldn’t put anything at risk or compromise any future prosecutions that would be deemed to be appropriate.”

Here are some more quotes from the Ansbacher scandal to confirm that strategies employed by government to protect the corrupt are still the same.

“The Fine Gael motion calls on the Government to ensure that names of all persons who held Ansbacher accounts are made public via a Dail committee.”

(The Opposition made the same suggestion regarding the Anglo Irish Bank names and the Government has rejected it, just like they did in 1999).

The Ansbacher report was finally published in 2002.

“The Director of Public Prosecutions James Hamilton is also considering a copy of the report. Responding to queries yesterday he pointed out that if any criminal offence disclosed by the report requires further investigation for the purpose of prosecution, this will be a matter for gardai, the Revenue Commissioners, the Director of Corporate Enforcement or the Central Bank.”

(As I mentioned, no prosecutions were ever brought).

“The Ansbacher report is not just a damning indictment of those wealthy and powerful individuals who evaded their due taxes, broke company law and engaged in criminal conspiracies from the 1970s to the 1990s, it reflects the failure of Irish regulatory authorities and professional bodies to uphold the standards required of them in the interest of the common good. There is a great deal to be ashamed of in the report and many lessons to be learned. New and rigorous standards must be applied by the authorities.”

(No lessons have been learned because the same corrupt administration is still in place)

“In a series of interviews at the weekend, the Minister for Justice, Mr. McDowell, hoped for a change in Irish attitudes so that people who engaged in multi-million pound tax fraud were not regarded as heroes in their local yacht clubs while those who fiddled their social welfare payments were sent to jail”

(Just recently, we heard Ulick McEvaddy refer to the Anglo Irish ‘names’ as heroes. He’s not the only one who thinks this way).

“Nobody believes it will be easy to successfully prosecute some of the extremely wealthy individuals involved. But, if a determined attempt is not made, the consequences will do lasting damage to our democracy. The belief that there is one law for the rich and another for the poor will grow and flourish.”

(Only the corrupt or the very ignorant would claim that there isn’t, in fact, one law for the rich and another for the poor).

“The Government will face strong opposition demands today for assurances that prosecutions will follow arising from the publication of the Ansbacher report.”

The public must be shown that such behaviour will not be tolerated. The most obvious and public penalty is a jail sentence for the guilty.”

(Nobody went to jail; corruption in the business and political sectors is still rampant).

The following is a statement from the Paul Appleby, Director of Corporate Enforcement, on 6th July 2002, in response to the publication of the Ansbacher report.

It is worth reproducing in full to give an indication of what action we can expect from this toothless tiger regarding the Anglo Irish Bank scandal

6TH JULY 2002

I am determined that action will follow.

Speaking at a press briefing in Dublin on Saturday morning, Mr. Paul Appleby, Director of Corporate Enforcement, said:

“The company, now known as Ansbacher (Cayman) Ltd., secretly operated in this jurisdiction for over twenty years and conducted business which, the Inspectors have found, amounts to evidence tending to show that it contravened prevailing banking, tax, company and other legislation. When its activities came to light in 1997, the nation was shocked that such activity had occurred and had remained effectively hidden from official authorities for so long.

In a sense, these revelations infected our collective psyche in subsequent years, creating suspicions that it was possible to evade legal or other obligations without effective sanction and thereby undermining respect for the rule of law and damaging public confidence in the State’s institutions.

The conclusion of the Ansbacher inquiry and the publication of this Report represent, in my view, the first phase in purging these doubts and regaining lost ground. In defining publicly for the first time the company’s Irish business, the High Court Inspectors (past and present) have done a remarkable public service.

Indeed, the Companies Act 1990, and particularly the company investigation provisions of that Act, have again proved their worth and highlighted the importance of these legal provisions in investigating circumstances suggesting unlawful corporate conduct.

As this important phase of fact-finding investigation concludes, the relevant State Authorities, including my Office, will now examine what remedies are available to address the findings in the Inspectors’ Report.

My staff and I have commenced identifying the matters which fall within our statutory remit. Every line of potentially valuable inquiry will be examined thoroughly, and I am determined that appropriate action will follow. I am mindful, however, of the Inspectors’ comment (at page 18 of their Report) that they foresee some difficulty in bringing prosecutions arising from the matters investigated by them.

(Damn, there’s that Michael McDowell message to the corrupt again)

As early as next Monday, I will be seeking the approval of the High Court to gain access to certain of the Inspectors’ papers, in order to allow us to follow up on a number of issues in the Report. We will also be supporting in due course an application for the recovery of the costs of this Inquiry, in order that the taxpayer does not bear further financial loss as a result of the events described in the Report.

In the coming weeks, I will be considering what further action is warranted to remedy or sanction the conduct which is indicated in the Report and is relevant to my responsibilities under the Companies Acts.

I have no doubt that other relevant State Authorities, such as the Central Bank, the Revenue Commissioners and the Director of Public Prosecutions, will closely evaluate their own legal options in the light of the information contained in this Report.”

(They did indeed evaluate their legal options and, as is the norm in Ireland, did nothing).

Here are some comments on the Regulators in the report. (Note: The Central Bank was the so called financial regulator at the time).

“Failures by the Central Bank meant the Ansbacher scheme went undetected for years”

The bank’s failure to test, appraise and gather information “available to it” resulted in the true nature of the activities going undetected for longer than ought to have been the case.”

“The bank had reservations at all times about the loan-book, but took at face value assurances by the scheme’s mastermind, the late Mr. Des Traynor, that the amount of loans extended to Irish residents was being run down.”

(Just as the present so called financial regulator took the word of Anglo Irish Bank lawyers that its controversial €300 million share deal last summer was above board. This is no accident, it has nothing to do with incompetence, it is, effectively, an official policy).

The Tánaiste, Ms Harney, on the failures of the Central Bank.

“It seems extraordinary that we lived in a time where the culture, even amongst State organisations, was one of ‘let’s pretend we don’t know’ because clearly in some cases where organisations knew or should have known they seemed to take the view that they didn’t want to know.”

(The exact same attitude and practices are still dominant in the Irish regulatory system today).

Writing in the Irish Times 8th July 2002 Mark Brennock made the following comments and observations.

The Government must now reassure the scandal-weary public that this can never happen again.”

(Corruption within the financial sector never stopped, never even waned. That situation will continue for so long as Ireland remains a corrupt entity in itself),

“Governments are responsible for the level of regulation, and there was clearly a massive regulatory failure. This systematic evasion went on for over two decades, unhindered by the Central Bank, the Revenue Commissioners, company law regulators or prosecuting authorities.”

(Hardly an hour passes without some politician, journalist or banker telling the Irish people ‘there was clearly a massive regulatory failure’ regarding Anglo Irish Bank. We will continue to hear this into the future until somebody actually establishes a proper regulatory systems that puts people in jail rather than, effectively, facilitating their crimes)

“The Tánaiste yesterday pointed to a new system for regulating the accountancy profession, new legislation to encourage “whistle-blowers” and enhanced powers which have been given to the Revenue Commissioners.”

(None of this was done and politicians are still waffling on about the ‘urgent’ need for such reform as a result of the Anglo Irish scandal).

“The powers of a new financial services authority are detailed in a Bill currently before the Dáil.”

(This ‘new’ financial services authority was finally established in 2003. It was hailed as a powerful and hard hitting agency that would forever rid Ireland of the corrupt vermin that infects the financial sector – it was a complete failure.

Today this failed ‘authority’ is investigating itself for its part in the Anglo Irish Bank scandal. It will clear itself of all charges and continue to implement policy and secrecy laws that, effectively, protect fraudsters).

Then Tanaiste, Mary Harney on the Ansbacher report.

“The report is a watershed in Irish life” for the clarity of the insight it gives us of how a section of the political and business class in this State used to operate. The political task is to demonstrate to a scandal-weary public that it can’t happen again.”

(Harney is still in power and a scandal-weary public is still waiting).

And finally.

The report showed that there was now the capacity in Ireland to “lift the veil of secrecy” over such activity. The Government had already begun the process of ensuring there was a coherent and comprehensive body of law to ensure “that our society is a fair and just place in which to live and do business“.

There is virtually no prospect that our corrupt system will suddenly decide to reform itself and therefore the only hope we have of ridding ourselves of the rampant corruption that infects our political, business and bureaucratic sectors lies with EU intervention.

I fervently hope, for all our sakes; that we see such an intervention before very long.

Copy to:
Financial Regulator
ODCE
Government

Politicians – Watch your backs

“We share the same concerns as the ordinary members of the public. We see a few people who are in receipt of huge salaries who have mismanaged and driven our economy and our country almost to the edge of bankruptcy and they seem to be getting off scot-free.

Our colleagues and the ordinary workers out there will for years have to pay for this incompetence through pay cuts and levies and we can’t understand how these people have been allowed to get away scot-free

They receive huge salaries that you couldn’t even dream about and huge bonuses and they are motivated by one thing – greed. And we feel this should be dealt with.”

(Morning Ireland, 3rd report).

Is this Joe Higgins talking, is it a radical union leader, is it a revolutionary student?

No, it’s Joe Dirwan, General Secretary of the Association of Garda Sergeants and Inspectors talking about his members participation in the anti government protest march at the weekend and expressing his deep anger towards that same government for allowing greedy bankers to walk away with the loot.

The message? Politicians, watch your backs.

Nothing has changed

1999, September 27th. Tanaiste, Mary Harney, on the Ansbacher scandal names.

“If the Government were to break the law and publish the names, everybody on the list would walk free and prosecutions would not be brought.”

2009 February 20th. ODCE director, Paul Appleby, on the Anglo Irish Bank scandal names (Reported).

“The State’s corporate enforcer may be unable to provide the names of the ‘golden circle’ of investors to the Government for fear of prejudicing criminal proceedings.”

Nobody was ever prosecuted as a result of the Ansbacher scandal. Nobody will be prosecuted as a result of the Anglo Irish Bank scandal.

Minister Ryan – Nothing less than a fool

Anglo Irish Bank has now been sorted by the Government. The directors have all been paid off with massive golden handshakes and the billions owed by property developers will be paid by taxpayers.

Green Party Minister Eamon Ryan has said the top 15 customers in Anglo Irish Bank who each owe €500 million will be pursued to repay the debts in full.

This is not going to happen and the minister is nothing less than a fool to make such an assertion.

The billions owed by property developers to AIB and BOI will now have to be dealt with and the strategy will be the same. The directors will receive massive pay offs and all liabilities will be transferred over to taxpayers.

Manipulation and secrecy

Powerful and ruthless people sat down to consider the best possible moment and manner in which to release the PricewaterhouseCoopers report.

Given the ongoing ferment they knew that a complete suppression of the report was out of the question. There was, however, plenty of scope for manipulation and secrecy to minimise the impact of publication.

The report is censored to such an extent that it tells Irish citizens virtually nothing. It is, as the title states, a ‘summary of extracts’ of the real report.

Next they released it at 9pm on Friday night knowing that all major news programmes had reported and that the media would be concentrating on other news stories over the weekend like the Sinn Féin Ard Fheis and the expected massive protest march in Dublin city centre.

Comment from a victim of Irish corruption

I think this comment from below deserves publication.

I can honestly say that until I started following press articles and blogs after I lost over £80k in Anglo Irish shares as a result of nationalisation, I had no prejudice against any race. However, I must confess that now my eyes have been opened, I will avoid any dealings with the Irish in future.

I thought my son-in-law was talking rubbish when he said the Irish were crooked and that I should sell my Anglo shares. I will never doubt his word again. It is clear that corruption is widespread.

Lorna Lancaster

The exposure of a corrupt state

Even if Fitzpatrick deigned to appear before the Economic and Regulatory Affairs Committee it would make no difference whatsoever, the committee has no power. It was set up after the 1997 general election for the same reason that all Dail committees are set up – jobs for the boys.

None of the 30 or so Dail committees have any power. They are nothing more than cash machines granted to politicians to keep them on side with their parties. They also serve the useful purpose (at least until the present global crisis) of giving the impression that the State is serious about bringing white collar criminals to account.

Politicians are most proud of the Public Accounts Committee (PAC); they waffle on endlessly about the great work done in bringing banks to account over the DIRT scandal. It is, of course, just that – waffle.

The banks only paid back a fraction of the countless millions they robbed from the State in that particular mafia scam and, in keeping with that great Irish tradition, not a single bank or official was investigated by the police never mind actually charged with a crime.

Here are some other so called regulatory agencies that, in theory, are charged with protecting the State and its citizens.

Financial Regulator: This organisation has never taken any serious or effective action against the widespread criminality within the Irish financial sector. The Financial Regulator by its actions and particularly by its inactions, in effect, acts to as a protector of wrongdoers. The Financial Regulator is exempt from the Freedom of Information Act and operates under strict secrecy laws.

Tribunals: Tribunals are useful in uncovering the vast amount of sleaze and corruption that infects Irish public and business life but they have no power whatsoever to prosecute, this is not an accident.

For example, politicians, quite deliberately, introduced a law that prevents any evidence given to a tribunal from being used by the police in any subsequent criminal investigation.

If such an investigation were to take place, (highly improbable) the police would have to start off from scratch ignoring the vast amount of evidence gathered, under oath, by the tribunal. This law didn’t just fall out of the sky.

Comptroller and Auditor General: The C & AG reports once a year invariably highlighting very serious incompetence, waste and often corruption within government departments. He has no power whatsoever to take matters any further, his only ‘power’ is to make recommendations.

Irish citizens are then subjected to the farce of seeing powerless Dail committee members rant and rave about the action they’re going to take to put a stop to all this incompetence, waste and corruption before collecting their expenses and settling down until the next C & AGs report where the whole farce is repeated.

In common with Dail committees and tribunals the C & AG is also useful for giving the impression that the State is actually serious about dealing with the disease of corruption.

From time to time, usually when media pressure is making politicians sweat over some scandal, the C & AG is called in to conduct a ‘special’ investigation. Again, the C & AG has no power to act on his findings; he just publishes his report and makes recommendations.

Recently, the C & AG carried out one such special investigation into the Irish Greyhound Board – Bord na gCon.

Despite uncovering irrefutable evidence of very serious corruption the C & AG concluded:

“In my annual audits of Bord na gCon I have satisfied myself that the broad framework of financial administration and internal control was appropriate.”

“In general the funds of Bord na gCon were properly applied.”

These conclusions came as a great relief to the board of Bord na gCon and, I’m sure, to politicians who could now claim that all was well and no action was required. Incidently, nobody thought it the least bit odd that the C & AG is also the auditor for Bord na gCon.

Office of Corporate Enforcement: In reality, the ODCE is a toothless tiger with a fancy title and, in the main, deals with minor wrong doing by company directors.

The office is seriously understaffed, under funded and possess only weak law enforcement powers. Apart from fines, the most common punishment meted out is a ban on practicing as a company director for a number of years.

But like tribunals, Dail committees and the C & AG office, the ODCE acts as a very useful mechanism whereby allegations against very powerful people can be channeled away from public attention and, more importantly, away from the (remote) possibility of criminal proceedings.

For example, the ODCE, ‘processed’ the people responsible for the very serious fraud at National Irish Bank. These people received nothing more than a slap on the wrist.

Two of the biggest tax cheats in the history of the State, the Bailey brothers, are also being ‘processed’ by the ODCE. The very best we can hope for is that these two gentlemen will be banned from acting as company directors for a couple of years. In other words, another slap on the wrist.

The ODCE has also taken the infamous Jim Flavin of DCC under its gentle wing. The highest court in the land, in a civil case, found that Flavin had committed fraud on the stock exchange to the tune of €83 million. But (lucky) Jim will be treated kindly by the ODCE with perhaps, yes, a gentle slap on the wrist before being sent on his happy and very rich way.

And let’s remember, it is the ODCE that will be ‘processing’ the Anglo Irish/Irish Life and Permanent fraud. Politicians are falling over themselves to assure the Irish people that this is the organisation that will bring these people to account.

Let me say right now, unless there is an actual revolution in the way white collar crime is dealt with in Ireland these people, Sean Fitzpatrick and all the rest will never, ever be brought to account.

The structure and operation of all so called regulatory agencies in Ireland are, effectively, designed to avoid bringing the corrupt to account. Whether it’s by strict secrecy laws, a lack of power, a lack of resources or a deliberate policy of protecting the rich and powerful the consequences are always the same for Ireland and its people – disastrous.

There is, however, some hope. The political, business and bureaucratic reaction to the Anglo Irish Bank/Irish Life and Permanent scandal is nothing more than a desperate scramble to prevent the international community from finding out just how rotten the Irish system really is.

They are unlikely to succeed as the global crisis continues to expose Ireland as the most corrupt country in the Western world.

In the long run that can only be a good thing for Ireland and its people.

Copy to:
All relevant Dail committees
Fianna Fail
Government Press Secetary
Financial Regulator
ODCE
C & AG

No comment required

Texan billionaire Sir Allen Stanford has been charged over an $8bn investment fraud.

The Securities and Exchange Commission (The American equivalent to our Financial Regulator) said the financier had orchestrated “a fraudulent, multi-billion dollar investment scheme”. The charges against Sir Allen followed a raid by US marshalls on the Houston, Texas, offices of Stanford Financial Group.

David Mills has been sentenced to four and a half years in jail after an Italian court found the British tax lawyer guilty of accepting a bribe of about £400,000 from Italian Prime Minister Silvio Berlusconi.

Note: Police, charges, courts, and jail.

Meanwhile, Irish authorities are thinking of asking the Dail for permission to compel Sean Fitzpatrick to appear before a completely powerless Dail committee where he can refuse to answer questions concerning allegations of massive fraud.

Time to throw them out

Sean Fitzpatrick, the man who headed up the bank responsible for the biggest fraud in the history of the State has just given two fingers to the Dail’s Economic and Regulatory Affairs Committee and by extension the people of Ireland. The auditors of the bank also gave the two fingers to the people of Ireland.

These people are 100% confident in their actions because they know that the corrupt regime that governs Ireland will continue to protect them. It is only when that corrupt regime is, literally, overthrown that Ireland can begin to build a system of governance similar to that of all other Western democracies.