The Gazette 1996

GAZETTE

JANUARY/FEBRUARY 1996

Compensation Fund Payments Out - December, 1995 The following claim amounts were admitted by the Compensation Fund Committee and approved for payment by the Council at its meeting in December 1995. IR£ Michael Dunne, 1,150.00 63/65 Main Street, Blackrock, Co. Dublin. 1,150.00 Compensation Fund Payments Out - January, 1996 The following claim amounts were admitted by the Compensation Fund Committee and approved for payment by the Council at its meeting in January 1996. IR£ Francis G. Costello, 6,125.00 51 Donnybrook Road, Donnybrook, Dublin 4. 6,125.00 • a Stamp Duty Public Office - New Procedures Following a review of the cash handling arrangements in the Stamp Duty Public Office, new procedures will take place from 5 February, 1996. On and from that date, any cash payments for Stamp Duty or Companies Capital Duty must be made direct to the Cash Office. An explanatory leaflet is available from the Stamp Duty Office, Dublin 2 or by telephoning the Stamp Duty Office at (01) 679 2777. Brendan Costigan , extn. 4574 or Donal Savage, extn. 4567, will be available to deal with queries. •

(ii) withdrawing from the client account substantial monies purportedly in respect of costs when either no bill of costs or written intimation of costs had been furnished to the client or the monies withdrawn were substantially in excess of the costs intimated to the client by bill or otherwise (Reg. 7 (iv)); (iii) wrongfully transferred client monies from the ledger accounts of various clients to the ledger cards of other clients (Reg. 9); (iv) wrongfully withdrew client monies so as to cause the client account to become overdrawn (Reg. 7); (vi) failed to keep proper books of account in relation to his practice (Reg. 10). e. through his dishonesty in his practice had caused the Society to make payments out of its Compensation Fund totalling £814,372.41 as of the 31 st day of July 1994; f. produced to the Society accountant's reports in respect of his Enniscorthy and Wexford practices for his financial year ended 31st December 1990 showing a surplus of clients funds when he knew that the true situation was that there was a substantial deficit in his clients funds; g. produced the said certificates to the Society in respect of his practice for the financial year ended the 31 st of December 1990 for the purpose of misrepresenting to the Society that he had complied with the Solicitors Accounts Regulations and so misleading the (v) wrongfully withdrew client monies from the client account (Reg. 7);

h. concealed from the Society's investigating accountant the deficit in clients funds during the course of the investigation of his practice pursuant to the Solicitors Accounts Regulations; i. prevailed upon a client to withdraw a complaint to the Society, which complaint disclosed receipt by the Solicitor of £44,045.00 on behalf of the client which had not been recorded in the books of account by the Solicitor; j. misled the Society's Compensation Fund Committee at its meeting on 19 September 1991 by representing to the Committee that he was not in a position to provide an explanation in relation to the deficit recorded in the investigation informed that the estimated deficit in relation to his practice as of 31 October 1991 amounted to £594,751.04; 1. misled the High Court in representing to the High Court in an affidavit sworn 25 October 1991 that the deficit in client funds was between £150,000 and £250,000; m. falsified the books of account of his practice in relation to nine clients named in the report of the Disciplinary Committee to conceal a deficit in client funds; n. misappropriated the monies of four clients named in the report of the Disciplinary Committee in the amounts of £85,575.68, £82,366.77, £29,266.23 and £56,905.70 respectively causing the Society to have to pay the report of 3 September 1991 because he did not devote sufficient time to the accounting side of his practice; k. failed to attend the meeting of the Compensation Fund Committee of 13 February 1992 when required to do so and when

said amounts out of its Compensation Fund.

Society into believing he had complied with the Solicitors Accounts Regulations and so misleading the Society;

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