The Director of Public Prosecutions v Christopher Fagan

Amount Forfeited

€10,500

Court Date

7 October 2014

Venue

Dublin Circuit Criminal Court

Judge

Martin E. Nolan

Summary

On 7 October 2014 Dublin Circuit Criminal Court ordered the forfeiture to the Exchequer of cash amounting to €10,500 pursuant to Section 39, Criminal Justice Act 1994, as amended by Section 21, Proceeds of Crime (Amendment) Act 2005, on the grounds that it was proven on the balance of probabilities to represent the proceeds of crime, or was intended for use in criminal conduct. On 1 April 2013 Revenue Enforcement Officers at Dublin Airport seized and detained the cash from an Irish national, Christopher Fagan, as he was about to board a flight to Charleroi, Belgium. Mr Fagan claimed to be travelling alone, however it was later proven that he was travelling with a Bernard Hogan, from whom €9,000 was also detained and subsequently forfeited to the Exchequer.

Following an investigation by Revenue's Investigations and Prosecutions Division, a file on the matter was referred to the Director of Public Prosecutions who ordered the forfeiture proceedings.

Mr Fagan claimed that he was travelling to Belgium on a holiday for one night and that the cash was his savings but he did not provide any further details or documents in support of these claims. Mr Fagan later claimed that the cash was winnings from gambling. It was proven to the Court that these claims did not stand up to scrutiny. It was also shown that Mr Fagan did not have the financial capacity to have this sum from a legitimate source.

Mr Fagan did not attend, nor was he represented at the Circuit Criminal Court, and the application was unopposed.