The Director of Public Prosecutions v Thomas Fitzgerald

Amount Forfeited

€9,000

Court Date

20 March 2015

Venue

Cork Circuit Court

Judge

S. O'Donnabhain

Summary

On 20 March 2015 Cork Circuit 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 12 August 2014 Revenue Enforcement Officers at Cork Airport seized and detained the cash from Thomas Fitzgerald as he was about to board a flight to Malaga, Spain. Mr Fitzgerald was travelling with a Joseph Cahill, from whom €10,120 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 Fitzgerald claimed that the cash was from a back payment from the Department of Social Protection and was to be used to purchase a watch. It was proven to the Court that these claims did not stand up to scrutiny.

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