The Director of Public Prosecutions v Derek Floyd

Venue

Ennis Circuit Criminal Court

Judge

Judge Ray Fulham

Summary

Derek Floyd with an address at 21 Lower Main Street, Tulla, Co. Clare was charged with 15 offences contrary to section 1078(2)(a) of the Taxes Consolidation Act 1997 (knowingly or wilfully delivering incorrect VAT returns) and 12 offences contrary to section 1078(2)(c) of the Taxes Consolidation Act 1997 (knowingly claiming repayments of VAT without entitlement). The total amount of repayments claimed was €683,138.84. Mr Floyd pleaded not guilty on all counts.

On 29 March 2012, following jury deliberation, Mr. Floyd was found guilty in respect of all 27 offences.

Today (21/05/12) at Ennis Circuit Criminal Court, Judge Ray Fulham sentenced Mr. Floyd as follows:

• 3 years imprisonment on count 17 - knowingly claiming a repayment of VAT without entitlement - contrary to section 1078(2)(c) of the Taxes Consolidation Act 1997 in the amount of €156,136.
• 3 years imprisonment with the final year suspended, on count 27 - knowingly claiming a repayment of VAT without entitlement - contrary to section 1078(2) (c ) of the Taxes Consolidation Act 1997 in the amount of €143,682. This sentence is to run consecutive to the sentence on count 17.
• On all remaining 25 offences, 3 years imprisonment to run concurrently with the sentence on count 17.

This means that Mr. Floyd is due to serve a total of 5 years in prison.

Judge Fulham commented that Mr. Justice Finnegan's judgement in the Court of Criminal Appeal was worth repeating - revenue fraud is not a victimless crime.

[Ends 21/05/12]