State begins proceedings to extradite Drumm

Written By Unknown on Rabu, 07 Januari 2015 | 22.40

The State has begun the process of seeking to extradite David Drumm from the US to face criminal charges here.

RTÉ News has learned that an extradition file has been sent via diplomatic channels to the US authorities outlining the charges to be preferred against the former CEO of Anglo Irish Bank upon his return to Ireland.

The file also contains identification evidence, legal statements and court warrants issued here.

The DPP directed Mr Drumm be charged with up to 30 offences following a joint investigation by the Garda Bureau of Fraud Investigation and the Office of the Director of Corporate Enforcement.

The file, which is over 100 pages, includes an outline of the charges and the law in relation to the alleged offences, statements in relation to their gravity in Irish law, court warrants issued here, identification evidence and information in relation to Mr Drumm's circumstances in the US.

The garda file was forwarded to the Department of Justice, then to Foreign Affairs, before being sent via diplomatic bag to the US.

The file will be examined by the authorities there who will then decide whether Mr Drumm should be arrested and brought before a court in the US as part of the extradition process. 

Last night Mr Drumm failed in his bid to be declared bankrupt in Boston.

In his judgment the US bankruptcy judge Frank Bailey described Mr Drumm as "not remotely credible" and accused him of fraudulent conduct as he refused to discharge his debts of over €10m.

Following the collapse of Anglo Irish Bank, Mr Drumm moved to the US in early 2009 and subsequently filed for bankruptcy in 2010.

He chose to do so in the US, he admitted in the six-day hearing in Boston last year, in order to avoid the bankruptcy process in Ireland.

The Irish Bank Resolution Corporation (formerly Anglo Irish Bank) and the court-appointed bankruptcy trustee Kathleen Dwyer objected to his right to be freed from his debts, claiming that Mr Drumm had knowingly and fraudulently put assets beyond the reach of his creditors, mostly by transferring them to his wife.

They outlined those objections in the Boston court during the six days of hearing last May and June.

They claimed that Mr Drumm had fraudulently transferred cash and proceeds from the sale of property interests and cars totalling over €1m to his wife.

They also alleged that Mr Drumm had lied under oath on numerous occasions about his financial affairs, and had done so knowing he was making false statements and did so "with fraudulent intent".

In total, lawyers for IBRC and Ms Dwyer lodged 52 objections to Mr Drumm's discharge from his debts.

In a 122-page detailed and damning judgment, Mr Bailey agreed with most of their arguments, upholding 30 of the 52 objections, although he explained in his judgment only one finding was required to deny the discharge.

He said Mr Drumm was "not remotely credible" that his conduct was "both knowing and fraudulent", that his statements to the court were filled with "efforts to misdirect and outright lies".

Judge Bailey added Mr Drumm had systematically transferred his assets to his wife to defraud his creditors, and was not a "bumbler," but was "clearly a controlling type" who "knew what he was doing".


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