Tuesday, 24 April 2012

Evicted Kelly Couple Are Small Fry - Not Sharks

by Kathy McMahon - 24th April, 2012

For all the opprobrium heaped on the Kelly couple who were evicted from their Killiney home, they are mere amateur small fish when compared to some nearby property sharks : another Killiney couple who are in the news.


Brian O'Donnell and his psychiatrist wife, Mary Patricia, of Vico Road, Killiney are being pursued for €75m in the High Court by Bank of Ireland. The O'Donnell residence being a stone's throw from where the Kelly's once lived in their now-repossessed home.


GLOBAL EMPIRE

But unlike the Kelly's, no bailiff's boots have yet stained the pleasant interior of the O'Donnell's palatial, seaside residence --which not only has a swimming pool, sauna and a gym, but also tennis courts and stables dotting the generous grounds.

High end property is the mark of the O'Donnells, whose Irish property empire included houses on Ailesbury Road, a country estate on Lough Corrib and ski chalet in the French resort of Courchevel.

Their property company, Vico Capital, bought Sanctuary Buildings, in London for £170m in 2006. And in 2008 the O'Donnell's paid a record-setting $172.5million for a 199,000 sq ft property on Pennsylvania Avenue - just a.few blocks from the White House.

Various banks are now seeking to recover borrowings of €457 million to Morgan Stanley, and €235m to German property bank Aareal. The O'Donnells' overall debt is about €886m.


LEGAL EAGLES

But you won't find the O'Donnells camping in a tent in Killiney. They now live in the UK - where they are seeking bankruptcy protection. It's an astute move by the O'Donnells. And not their first.

Even as the relatively naive Kelly couple were being roughly evicted, the sheriff was abandoning a plan to raid the O'Donnell home on Vico Road for valuables like works of art.

The hitch: the O'Donnell family home has been defensively placed in trust for the couple's four children. Who knew! Apparently not even the High Court, which appeared to have been misled (unintentionally, of course) by filings which failed to reveal the trust.

Explaining in court this week, Mr O'Donnell said he used "loose language" not intended to mislead the court. He also used misleading language when describing his investment company as a limited liability firm. It's not.

Mr Justice Kelly said that O'Donnell's Vico Capital entity was "very shadowy indeed" and that O'Donnell gave a "skewed and inaccurate picture" of his worth.

Bear in mind that there's no such slur attaching to the Kelly couple.

Despite this, Irish Finance minister, Michael Noonan failed to emerge to castigate O'Donnell's many attempts to delay or evade his creditors.

Not that there's one rule for the evicted Kelly couple and another for far wealthier and better connected Irish solicitors like O'Donnell. Perish the thought.

By the way, Brian O'Donnell was a former partner with top Dublin law firm William Fry, and as principal in Brian O'Donnell and Partners, was one of 64 firms appointed by NAMA to its panel of potential legal advisers.


ONE LAW?

Were the Kelly's as adept at gaming the system, their Killiney house would have been held in trust by some offshore entity and they would be still inside - not out on their ears.

Were they as media savvy, they might have gone on the Marian Finucane Show as O'Donnell did last December, to put a case to the public which he had avoided pleading in court.

That interview prompted an Irish Independent article which reported a friend of the O'Donnells saying that when family saw the children's names published in the media they "felt as if they had been criminalised."

Not really. If you want to see "criminalized," see Noonan's attack on the Kelly's for the crime of having 21 properties.

Unfortunately, the Kelly's lacked high protection factor, repossession-blocking cream.

It's used by all the best people:

Simply apply a generous coating of legal snake oil.
 

Monday, 23 April 2012

Your Chance To Send The Troika a Message


It's your opportunity to send a message to the international banker 'Troika' during their current quarterly review of Ireland's austerity program.

Occupy Dame Street have been harrying the Troika to let them know that the people of Ireland have had enough of being debt patsies for a busted and corrupted financial system.

Now it's your chance!

Compose a slogan in ten words or less and we will use it to Send The Troika A Message!

We will placard your best five responses as we continue to dog the Troika's heels during April.

Post your slogan as a comment or on the ODS Facebook page. You can also tweet your slogan with hashtag #troikaslogan.




Saturday, 21 April 2012

Noonan Cheers Bank Robbery Of Evicted Kelly's

Judging from the government-sanctioned hysteria over the property portfolio of evicted Killiney residents, Brendan and Asta Kelly - you'd think the couple's biggest problem is their relative wealth. Not really.

Their biggest problem is: they aren't wealthy enough. Nor connected enough.

The government is not in the business of keeping "people in 21 different homes," Michael Noonan told the Dail.

Unless, of course, the person resides in 21 different homes on four continents and jets privately all the time.

That real top tier don't sweat for a lifetime to finally aspire to invest in a dream €3million-ish house.

That real top tier earn €3million-ish every month - or at least every year if a lesser cog.

That real top tier are off Michael Noonan's map entirely. And Phil Hogan's too.

"We must distinguish between people who can’t pay and people who won’t pay," Michael Noonan told the Dail.

Guess who won't pay?

Top bankers won't pay. Bondholders won't pay. Tycoons won't pay. Cronies won't pay. Cosy cartels won't pay. Government-pensioned, ex-insiders won't pay.

You'll pay. Even if you can't pay. Brendan and Asta Kelly will pay. Even if they can't pay. So, the Kelly's lose their houses while the bankers keep theirs. They keep their jobs with perks - and get the Kelly's houses to boot. It's like a bank robbery - but the bank does the robbing. There's a lot of it about.

Remember, Michael Noonan can easily distinguish between people who won’t pay. Ever. And people whose only plea is that they can’t pay.

Kicking the Kelly's when they're down (from the defamation-proof benches of the Dail) shows us that Michael Noonan has learned nothing down the years. Go dance on Bridget McCole's grave.

Gutter populism from Fine Gael is a poisoned chalice. Don't drink from it.

Brendan and Asta Kelly aren't connected. Neither are you. You're just common people.

And as common people --unless modest wealth is now a stain of guilt-- the Kelly couple are entitled to aspire, and entitled to a presumption that they are decent people in trouble.

That's how we do things in a decent society. No matter how troubled the times.

Accord the Kelly's due process and fairness or Phil, Michael and Enda will be coming for you and yours soon enough.

Thursday, 19 April 2012

Occupy Dame St Meets The Troika

EU - ECB - IMF Troika members in Dublin
ACTION: 'MEET THE TROIKA'

WHO: OCCUPY DAME ST AND
OTHER ANTI-BAILOUT GROUPS

WHEN: 19th - 20th April, 2012

WHERE: Merrion Hotel - Dept. Finance
and environs, Dublin, Ireland.

Activists from Occupy Dame St. and other groups opposed to bank bailouts have begun a 48 hour protest campaign to dog the footsteps of the three EU-IMF-ECB 'Troika' members during their quarterly review of Ireland's austerity program in Dublin on the 19th - 20th April, 2012.

Our aim is to highlight the Troika's refusal to meet with the Irish people or media on this trip - apparently to avoid 'political sensitivities' ahead of the May 31st Irish vote on the so-called EU Fiscal Treaty.

This conveniently allows the Troika to avoid explaining their own internal split on policy - the IMF has recently indicated it knows Ireland's debt burden is unsustainable.

Their lack of engagement also insulates them from this vital feedback:

1) Ireland is sinking fast into dire domestic GNP collapse - despite our higher (export-led) GDP figures. Fiscal austerity has already failed in Ireland -as in Greece and Spain before.

2) As the recent rejection of the property tax farce has shown, the people of Ireland have had enough of being debt patsies who enable the loaning of more money to a busted and corrupted financial system --and then end up carrying the debt can.

We will be ensuring the Troika get these messages:

-NO BANK BAILOUTS- -END THE AUSTERITY-
-INVEST FOR JOBS- -CANCEL ODIOUS DEBTS-

Action Hashtag: #MeetTheTroika

Wednesday, 18 April 2012

Are Troika Moneylenders Breaking Our Laws?


by Kathy McMahon - 18th April 2012

Folks, the money lenders (Troika) are back in town.

Even as one Irish child in five goes to bed hungry, these folks are wining and dining like lords in Unicorn Restaurant, Upper Merrion Street, Dublin:
http://g.co/maps/v47tg 

So, as a matter of interest (excuse the pun) I came across this article from 2010 about Licensed Money Lenders in Ireland and families paying e
xorbitant interest on loans:
 
"Surge in families turning to money lenders"

There are 50 licensed money lenders... operating in the country with rates which range from 35% to 188.45%, the highest rate being charged by Southside Finance Ltd with an address in Stillorgan, Co Dublin."
http://www.irishexaminer.com/ireland/surge-in-families-turning-to-money-lenders-133807.html#ixzz1sOeCDxmR
And another interesting article from wayyyyyy back in 2002 from the Independent :

"Meet Ireland's new breed of licensed moneylender"

...Today, moneylending at high interest rates is very big business and your local lender is likely to be well-dressed and well-spoken, and operating from a modern office in the city centre."
http://www.independent.ie/business/meet-irelands-new-breed-of-licensed-moneylender-298029.html
Interesting to read on www.citizensinformation.ie the following:

"Under Section 11 of the Non-Fatal Offences Against the Person Act 1997 it is an offence to demand payment of a debt in a way designed to alarm, distress or humiliate. This also covers both blackmail and extortion. (Extortion means using intimidation or the threat of violence to obtain money, information or anything else of value from another person).

If someone is charged with this offence and it is tried as a summary offence... the maximum penalty is a fine and/or 12 months imprisonment. If tried as an indictable offence... the maximum penalty is a fine and/or 14 years imprisonment. "
Now would you say that people are being bullied, intimidated, humiliated by the politicians, the Troika and the EU? I would.!! 

Furthermore here is "Section 11 of the Non-Fatal Offences Against the Person Act 1997"

11.—(1) A person who makes any demand for payment of a debt shall be guilty of an offence if—

(a) the demands by reason of their frequency are calculated to subject the debtor or a member of the family of the debtor to alarm, distress or humiliation, or

(b) the person falsely represents that criminal proceedings lie for non-payment of the debt, or

(c) the person falsely represents that he or she is authorised in some official capacity to enforce payment, or

(d) the person utters a document falsely represented to have an official character
.
http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0011.html#zza26y1997s11
I rest my case for now :)