Written answers

Wednesday, 12 January 2011

Department of Finance

State Banking Sector

2:30 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 98: To ask the Minister for Finance his views on progress with investigations into potential wrongdoings or illegalities at Anglo Irish Bank; his further views on the recent findings of the disciplinary committee of the chartered accountants; and if he will make a statement on the matter. [1389/11]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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As the Deputy is aware a number of investigations are ongoing into matters at Anglo Irish Bank. These include investigations by the Garda Bureau of Fraud Investigation, the Office of the Director of Corporate Enforcement and the Chartered Accountants Regulatory Board of the Chartered Accountants of Ireland. The Department of Justice has informed me that two Investigation Files relating to matters in Anglo Irish Bank were submitted to the Director of Public Prosecutions (DPP) by the Garda Bureau of Fraud Investigation on 18th December, 2010 and directions are awaited.

The investigation is ongoing by An Garda Síochána and the Office of the Director of Corporate Enforcement and the Investigation Team in the Garda Bureau of Fraud Investigation continue to conduct necessary follow-up inquiries in respect of both investigations, as well as investigations into separate complaints received regarding other alleged malpractices at Anglo Irish Bank.

As recently as last week Mr. Paul Appleby, the Director of Corporate Enforcement published 'A Review of ODCE Activity in 2010'. An extract from The Summary Review mentions the progress of the investigation into Anglo Irish Bank;

'A major preoccupation in 2010 was our continuing investigations of Anglo Irish Bank. By year-end, we had transmitted to the Director of Public Prosecutions one file and three reports on four aspects of our investigations. Those aspects related to: · the provision by Anglo in 2008 of a loan to one of its directors. (The material sent to the DPP comprised a file of some 400 pages); · the non-disclosure of certain directors' loans in Anglo's published financial statements over a number of years. (The material included a 116 page report supported by about 1,200 pages of additional documents); · the provision by Anglo to a number of persons in 2008 of financial assistance for the purchase of its shares. (The material sent to the DPP comprised a 28 page report supplemented by about 400 pages of extra documents); · the communication of possible false or misleading information in certain Anglo public statements in 2008. (The material included a 98 page report supported by close to 1,300 pages of additional documents).

Further work is ongoing, and this is expected to result in the submission of extra documentation to the DPP in early 2011.'

Regarding the four Reports presented by Special Investigator, Mr. John Purcell to the Complaints Committee of the Chartered Accountants Regulatory Board (CARB) of the Chartered Accountants of Ireland, certified that, in his opinion, there existed certain prima facie cases that Institute members, Mr. David Drumm, Mr. Sean FitzPatrick, Mr. William McAteer and Mr. Peter Fitzpatrick, were liable to disciplinary action under the Bye-Laws of Chartered Accountants Ireland.

The Complaints Committee referred those prima facie cases to CARB's Disciplinary Committee by way of Formal Complaints under the provisions of Bye-Law 72.6 of the Bye-Laws of Chartered Accountants Ireland.

It would not be appropriate for me to comment on those matters until the investigations have been completed except to say that I welcome the fact that the Gardaí and ODCE investigations have now reached a point where the DPP can make an assessment on the matter.

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