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Tuesday 4 November 2014

Former Anglo Irish Bank executives sent to trial on €8m fraud charges

Former Anglo directors Willie McAteer and (inset) Pat Whelan
TWO former Anglo Irish Bank executives have been sent for trial on charges connected to the alleged fraudulent securing of a loan for more than €8 million.
Willie McAteer (63) and Pat Whelan (52) both had books of evidence served on them at Dublin District Court today.
They are charged with one count each of breaching the Companies Act at the now-defunct bank in 2008.
Mr McAteer, of Green Rath, Tipperaray Town and Mr Whelan, with an address at Coast Road, Malahide, Co Dublin were before the court for the second time since they were arrested by arrangement and charged last August.
The charge against Mr McAteer is that he was knowingly a party to the carrying out of the business of a company for a fraudulent purpose, namely the granting by Anglo Irish Bank to him in an amount of €8.246m, secured only upon his own shares in Anglo Irish Bank so he could discharge a loan to Bank of Ireland in that amount, for which he was personally liable.
In the then circumstances pertaining to Anglo Irish Bank, the charge alleges, this caused a gain to Mr McAteer and a loss to the bank.
A similar charge against Mr Whelan alleges he was party to the granting of the same loan to Mr McAteer, causing a gain to Mr McAteer.
Pat Whelan is former director of lending in Ireland at Anglo Irish Bank and Mr McAteer is former finance director.
A State Solicitor told Judge Anthony Halpin the books of evidence were ready and the DPP was consenting to the accused being returned for trial to the present sittings of Dublin Circuit Criminal Court.
The books were then served on each defendant.
The judge gave the accused the formal notice that they must provide within 14 days to the prosecution details of any alibis they intend to rely on in the course of their trial.
He sent them forward on existing bail conditions.
Judge Halpin also made an order for disclosure a copy of the video of the accused’s garda interviews.
Mr McAteer, wearing a dark suit, white shirt and blue tie and Mr Whelan, dressed in a dark suit and open-necked blue shirt confirmed that they understood the alibi notice when read out to them, but did not otherwise address the court.
Their cases will be next before the Circuit Court on November 28.
Previously, the court was told neither defendant made any reply to the charges after caution.
Bail had been set in the defendants’ own bond of €1,000 each, and independent sureties of €10,000. No cash lodgements were required in either case.
Conditions were that they notify the gardai within 48 hours of any intention to leave Ireland or the UK. They must also give the same notice to gardai if they intend to change address.
Mr McAteer is to sign on once per month at Tipperary Town Garda Station, while Mr Whelan must also sign on monthly at Malahide Station.

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