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Thread: Michael Lowry charged with knowingly filing incorrect tax returns

  1. #31
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Campaign against corruption? How can a campaigner against corruption simultaneously act as a speculators' poodle?

  2. #32
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    This is going to be a fun case. Staring nicely..


    The Revenue Appeals Commissioners clearly found that Independent TD Michael Lowry misappropriated some €372,000 from his own company in 2002, lawyers for the DPP have told the High Court. The matter had “shades of Father Ted”, Remy Farrell SC, for the DPP, said. The court should cast “ a very jaundiced” eye on Mr Lowry’s argument there was “nothing to see here”, this was “just a mistake and we should all move on”.
    Mr Farrell said Mr Lowry has, in this case aimed at stopping his trial on tax charges, asserted that, following a Revenue Appeals Commissioners hearing last year, he has no personal tax liability, any corporate tax liability was self-corrected and the outstanding liability was a “very modest” surcharge of €2,410.
    The original Revenue assessment was raised on foot of a diversion by Mr Lowry of monies due to his company Garuda for his own use, counsel said. The Appeal Commissioners had considered he had in fact misappropriated monies from his company.
    While Mr Lowry claims he had in 2007 self-corrected and self-declared the “very peculiar” 2002 transaction involving diversion of €372,000 due to Garuda to an account in the Isle of Man, he “did anything but”, counsel said.
    When Mr Lowry sought to reintroduce the monies back into Garuda in 2007, he knew full well they were not earned the previous year and effectively sought to “layer” them back into the company, counsel added.
    Mr Lowry then “stayed silent” until the “Lowry tapes” about the transaction came into the public domain and sparked a Revenue investigation, Mr Farrell said. Mr Lowry did not even tell his accountant about the nature of the 2002 transaction, he added.
    The Revenue Appeals Commissioners last year clearly found Mr Lowry had misappropriated the monies from Garuda, he said.
    There was the “clearest evidence” a bogus invoice was generated to cover up what had happened and to suggest the money at issue was earned in 2006, he added. The proposition Mr Lowry had self-identified and self-corrected the matter, there was no harm arising from the transaction and there could be no prosecution was “simply incorrect”.
    It was unclear what happened to the money between 2002 and 2007 and whether it was “simply resting” in the account, as either Fr Ted or Fr Dougal had said, counsel added.
    Garuda had ended up paying a Revenue assessment for some €38,000 corporation tax, he said.
    Leaving aside other issues including questions of bogus invoices, it was quite clear there was at least a very substantial underpayment of corporation tax, counsel said. Mr Lowry was saying “nothing” about that in these proceedings.
    Mr Farrell has begun his arguments opposing Mr Lowry’s judicial review challenge aimed at halting his forthcoming trial over alleged tax offences.
    http://www.irishtimes.com/news/crime...ears-1.2496724

  3. #33
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by PaddyJoe View Post
    This is going to be a fun case. Starting nicely..



    http://www.irishtimes.com/news/crime...ears-1.2496724

    http://www.thejournal.ie/election-20...michael-lowry/

    He is a candidate in the new Tipperary constituency. God help me! He didn't bother to answer the questions put to him in the link above.

  4. #34
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by Spectabilis View Post
    http://www.thejournal.ie/election-20...michael-lowry/

    He is a candidate in the new Tipperary constituency. God help me! He didn't bother to answer the questions put to him in the link above.
    Could happen across the water. Can you imagine someone standing for Parliament while facing similar charges? Not a hope.

  5. #35
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by PaddyJoe View Post
    Could happen across the water. Can you imagine someone standing for Parliament while facing similar charges? Not a hope.
    We have to start valuing ourselves more and realise we deserve better.

    It really is up to us to ensure our politicians are held to account.

    Proper legislation would ensure politicians of this caliber were forced out of Dail and barred from standing for public office.
    Thomas Jefferson : Banking Establishments are More Dangerous to our Liberties than Standing Armies.

  6. #36
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by ang View Post
    We have to start valuing ourselves more and realise we deserve better.

    It really is up to us to ensure our politicians are held to account.

    Proper legislation would ensure politicians of this caliber were forced out of Dail and barred from standing for public office.
    I'm not sure if that would help. I can see a situation with Paul Murphy barred from standing and Lowry not.
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

  7. #37
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by C. Flower View Post
    I'm not sure if that would help. I can see a situation with Paul Murphy barred from standing and Lowry not.
    Yes that's the other side of the coin.

    I think though if we had applicable conduct procedures we might get somewhere.

    Paul Murphy certainly hasn't been a Minister handing out goodies to Party elite.

    Its quite frightening what our politicians are prepared to do to maintain the status quo.
    Thomas Jefferson : Banking Establishments are More Dangerous to our Liberties than Standing Armies.

  8. #38
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by ang View Post
    Yes that's the other side of the coin.

    I think though if we had applicable conduct procedures we might get somewhere.

    Paul Murphy certainly hasn't been a Minister handing out goodies to Party elite.

    Its quite frightening what our politicians are prepared to do to maintain the status quo.
    I thinking of our politically appointed judiciary, which under FG has noticeably lurched to the right / establishment.

    What would Clare Daly and Mick Wallace's chances be (and those of other left/independents) of combining direct action protest with a Dail presence, if a conviction would knock them out of office ?

    I'm in favour in leaving it to the electorate, even if I don't always agree with their choices.
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

  9. #39
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Joining the dots on the connecting the Lowry tapes and his curious accounting methods. Excellent reporting from Colm Keena:
    Remy Farrell SC, for the Director of Public Prosecutions, put a different complexion on the matter yesterday when he made it clear that a new assessment could yet be raised against Lowry, and that the charges Lowry was facing involved the possibility of jail for up to five years.An inquiry by the Revenue Commissioners into Lowry and his refrigeration company, Garuda Ltd, began in 2013 following the publication of the so-called “Lowry Tapes” in the Sunday Independent.
    The tapes seemingly record Lowry and Northern Ireland businessman Kevin Phelan discussing £250,000 (€372,000) that was lodged to the Isle of Man account of the Glebe Trust, in 2002.
    The payment had not been revealed to the Moriarty tribunal which, in the early 2000s, was investigating links between Lowry and Phelan.“I’m asking you, Kevin, for ******’s sake, will you protect me just a small bit?” Lowry can be heard saying, before adding that he had never put the payment through his accounts.
    Lowry has queried the reliability of the tapes but, as Farrell noted in court, he has not said clearly whether it was him on the tapes or not. Likewise with Phelan.
    Lowry has said the money came from a Finnish company, Norpe OY, and was commission due to Garuda. The diversion of the money to the Glebe Trust created income tax issues, the court has heard.
    Farrell explained that the issue the Appeal Commissioners had to decide concerned how to treat the liability. The Appeal Commissioners, he said, very clearly found that Lowry had “misappropriated” the money from Garuda.
    What they addressed was the discrete issue of whether it was right to treat money misappropriated by a company director as an emolument.
    The commissioners decided no, but it still remained open to the Revenue to raise a new assessment, Farrell said, under a different category of income.
    To present the Appeal Commissioners ruling as a vindication of Lowry’s position “beggars belief”, he said.
    In 2007, Lowry told his accountant Neale O’Hanlon to put the €372,000 into the Garuda books for the 2006 year.
    The associated corporation tax was then paid. Lowry did not explain the nature of the 2002 transaction.
    “Surprisingly, the accountant didn’t ask, but that is another issue,” Farrell said.
    In July 2013, the Revenue got search warrants for Lowry’s home in Holycross, Co Tipperary, as well as the Garuda offices and the offices of accountants Ecovis BBT Ltd and Denis O’Connor, at The Gables, Torquay Road, Foxrock, Dublin. Both had acted as accountants for Lowry and Garuda.The Dublin search found bogus invoices generated to “cover up” what had happened in 2002, Farrell said.
    Nothing was said about how the invoices came to be drafted. Farrell said that the focus of the charges involving Garuda, which concerned the alleged “wilful” filing of incorrect returns, were independent of any tax at issue.
    The latter was an issue for consideration at sentencing if a conviction was secured.
    http://www.irishtimes.com/news/crime...-tax-1.2497199

  10. #40
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    In any other European democracy this would a resignation matter. Lowry knows he has nothing to fear from the toothless Standards in Public Office people.

    Independent TD Michael Lowry did not declare that he had an unfinished appeal against a Revenue Commissioners tax bill when he unsuccessfully tried to change legislation on a new tax appeals regime.In moving his amendment on the Finance (Tax Appeals) Bill at report and final stage on December 11th, Mr Lowry said taking cases to the Appeal Commissioners, who hear appeals against tax assessments, is “hugely expensive” and that once an appeal has been determined, “it should be sacrosanct”.
    Any appeal determination already made by the Appeal Commissioners “should stand and not be capable of being reversed, whether it was won or lost”, he said.
    [QUOTE]A request for a comment from Mr Lowry yesterday met with no response.
    Under Oireachtas rules, TDs who have a material interest in a matter under discussion must make a declaration “before or during the course of your speech”.[/QUOTE
    http://www.irishtimes.com/news/polit...bate-1.2528845

  11. #41
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Nice timing on this decision. Bound to be Item fourteen and a half on the RTE news this evening with about 12 seconds allotted to it.


    Independent TD Michael Lowry has lost his High Court bid to stop his trial on mainly tax related charges. The TD’s arguments for stopping his trial were “devoid of any substance”, Mr Justice Seamus Noonan said.
    The judge today refused Mr Lowry’s application for orders restraining the DPP proceeding with the prosecution of the TD before Dublin Circuit Criminal Court.
    He also refused to order the TD be tried in his native Co Tipperary rather than Dublin.
    The judge said Mr Lowry’s case was based on “a multitude of arguments which are in many instances, ingenious and even superficially attractive but are, in truth, devoid of any substance and “ultimately built on a foundation of sand”.
    http://www.irishtimes.com/news/crime...rges-1.2545182

  12. #42
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Good to see that Lowry is going to have to shell out for his attempts to prevent the criminal case going ahead.
    Tipperary TD Michael Lowry must pay the costs of his failed bid to stop his prosecution on tax offences, the High Court has ruled.Mr Lowry is charged with deliberately filing an incorrect tax return, filing incorrect returns in relation to corporation tax as well as failing to have proper books of account.
    His case is due for mention before the Dublin Circuit Criminal Court tomorrow.
    The High Court found in February that the arguments he made to prevent his trial from going ahead were devoid of any substance or merit.
    His lawyers asked the court this morning to make no order for costs, meaning each side would pay their own.
    They said Mr Lowry was not on legal aid and would incur very significant costs defending himself in his criminal trial.
    They said he had already incurred significant costs defending himself in an appeal to the Appeals Commissioner in relation to a Revenue Commissioners' assessment.
    But Mr Justice Seamus Noonan said Mr Lowry had not established any unusual circumstances or any question of public interest which would justify the court in departing from the usual rule that the loser must pay the costs of a failed court action.
    The court also ruled that the criminal proceedings can now go ahead.
    The court heard Mr Lowry has not yet decided whether or not to appeal against the High Court's ruling.
    http://www.rte.ie/news/2016/0405/779613-michael-lowry/

  13. #43
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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Mick, the convicted criminal, does not like being labeled a convicted criminal. Zookeepers guy

    Michael Lowry, the independent TD for Tipperary, has been circulating a letter from his solicitor which downplays the significance of his conviction for tax offences.

    Lowry and his company Garuda were convicted last June of filing an incorrect tax return and failing to keep proper books of account. The TD is now distributing a note from his solicitor saying the trial judge in the case compared the charges he was facing to a traffic offence that happened early in the morning



    https://www.thetimes.co.uk/article/2...a-1a554b586cbd
    Politics is the gentle art of getting votes from the poor and campaign funds from the rich, by promising to protect each from the other. ~Oscar Ameringer

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