The Director of Public Prosecutions v Bernard Hogan

Amount Forfeited

€9,000

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 €9,000 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, Bernard Hogan, as he was about to board a flight to Charleroi, Belgium. Mr Hogan claimed to be travelling alone. However, it was later proven that he was travelling with a Christopher Fagan, from whom €10,500 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 Hogan claimed that he was travelling to the German border area to purchase motorbikes. Mr Hogan initially claimed that the cash was savings, he then claimed that €5,000 was withdrawn from a bank and that €5,000 was from the sale of a car. Mr Hogan later claimed that the cash was winnings from gambling and that he was travelling to Belgium to gamble. It was proven to the Court that these claims did not stand up to scrutiny. It was also shown that Mr Hogan did not have the financial capacity to have this sum from a legitimate source.

Counsel on behalf of Mr Hogan consented to the forfeiture application at the Circuit Criminal Court.