Former lawyer jailed for three years for robbery

A former lawyer who stole € 235,000 from a businessman pretending to buy a warehouse from him in Co Kildare has been jailed for three years.

Patrick Russell (57), residing in Teach Daingain, Steelstown, Rathcoole, Co Dublin, pleaded guilty to the theft of € 215,000 from businessman Paul O’Connell at Anglesea St, Temple Bar in Dublin on July 23, 2015. Russell was struck off the bar in 2012 for professional misconduct.

Six more charges were taken into consideration, including the theft of € 20,000 from Mr O’Connell and the use of false instruments, such as forged deeds from the Property Registration Authority.

In sentencing today, Judge Melanie Greally said Russell had been acting as a financial advisor and had built a trusting relationship with O’Connell. “Therefore, he committed a very substantial breach of trust,” the judge said.

He added that the crime involved a “considerable amount of premeditation and planning” and described Russell’s action as representing “considerable deception and dishonesty.”

Judge Greally noted that AIB still had 215,000 euros that was stolen from O’Connell and said she hoped that now that the criminal process is complete, the money will be returned to her.

She acknowledged that Russell had a “limited criminal record, confined to the Traffic Law” and that he was a married man with two adopted children who continue to support him.

The judge further acknowledged that Russell has a significant heart problem that will require “ongoing therapeutic intervention.”

Imprisonment

Judge Greally said the case deserved a custodial sentence because Russell “had made no tangible efforts” to address the significant loss of the victim, other than the 2,000 euros that “arrived at the 11th hour.”

“Therefore, I have no real assurance that the money will ever be restored,” he continued.

He sentenced Russell to four years with the last 12 months suspended on a strict condition that included committing to the Probation Service for 12 months and having the € 2,000 handed over to the garda for Mr. O’Connell.

Judge Greally said she could not agree to a defense request to allow Russell some time to get his affairs in order before going to prison.

She said Russell “must have contemplated that there was a distinct possibility” of this happening, given his previous profession before referring to the fact that the case had been postponed multiple times.

At a sentencing hearing in June last year, Garda Shane Behan told Kerida Naidoo SC, prosecuting, that Russell was introduced to Mr. O’Connell in 2014.

Russell claimed to be an arbitrator and financial consultant and offered to facilitate the purchase of a commercial warehouse at Clane Business Park in Co Kildare for Mr. O’Connell for an agreed sum of 235,000 euros.

The court heard that Russell gained the trust of Mr. O’Connell and his family, made regular visits to their home and invited them in turn to his home, all to discuss the planned purchase of the store.

Forged documents

O’Connell followed Russell’s instructions and transferred € 15,000 and then € 5,000 from his bank account to an account in the UK and to an account in the name of Russell’s wife.

Russell told Mr. O’Connell that these funds were for stamp duty and other associated fees.

Acting at Russell’s request, O’Connell paid an additional € 215,000 to lawyers who accepted it in good faith. However, the prosecutors later became suspicious and went to gardaí to file a complaint against Russell. O’Connell and his family members also alerted Gardaí to the matter.

Russell had presented Mr. O’Connell and members of the O’Connell family with a series of falsified and altered Property Registration Authority documents, which gave the impression that the mortgage on the warehouse had been canceled and that the ownership of the property had been canceled. been transferred to Mr. O’Connell.

The court heard that the warehouse in question was never actually bought and that O’Connell continues to lose € 235,000.

Garda Behan said Russell was interviewed five times by gardaí and initially denied having stolen or embezzled money, but pleaded guilty to theft in March 2019.

Before sentencing, Bernard Condon SC, in defense, told Judge Greally that his client has a significant heart problem and was recommended to take an eight-week cardiac rehabilitation course at Tallaght Hospital. He said Russell is “very eager to take the course” and asked that the case be postponed to allow him to complete it. Judge Greally refused to postpone the case and proceeded to pass judgment.