There was something surreal about lawyers in the High Court last October, 2010 acting for Paddy McKillen, casually referring to the €45m loan provided by Anglo to the developer as a participant in what has become known as the “Anglo Golden Circle” or “Anglo Maple 10” transaction whereby a group, reported to have been 10 of Anglo’s customers, were advanced some €450m in allegedly non-recourse loans to purchase shares being disposed of by tycoon, Sean Quinn. The reference to the loan in open court last October, 2010 had nothing to do with the probity/legality of the transaction, the purpose was to examine if the loans were performing or not in the context of NAMA’s rights to acquire the loans. At the time, it seemed decidedly surreal.
Surreal, because there have been several investigations into the so-called “Anglo Golden Circle” transaction over the past 28 months. Two of the investigations have been by the Gardai (Irish police service) and the Office of the Director of Corporate Enforcement. Just before Christmas 2010, there was an indication that files were being sent to the Director of Public Prosecutions, but four months later, there doesn’t appear to be any progress.
Of interest therefore is that a judge in Northern Irelandhas referred to the scheme in a judgment (not yet available online seemingly) reported yesterday by the BBC. The case inBelfast involves a company controlled by prominent Northern Irish developer, Peter Curistan on one side and Anglo Irish Bank on the other. There is a contention that another Northern Irish property company, PBN Property (now in NAMA incidentally) was favoured in a transaction involving Anglo and Peter Curistan. PBN Property is partly controlled by Paddy Kearney who is alleged to be one of the “Anglo Golden Circle”. The judge is reported to have called theGolden Circle transaction “a prima facie improper and unlawful proceeding”. One wonders what the process is inNorthern Ireland whereby a judge’s assessment of something as unlawful leads to a police inquiry. And on this side of the border, we continue to wonder when or even if, we will ever get legal clarity on what seems to have been a share support scheme.
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Insider trading is the trading of a corporation‘s stock or other securities (e.g. bonds or stock options) by individuals with potential access to non-public information about the company. In most countries, trading by corporate insiders such as officers, key employees, directors, and large shareholders may be legal, if this trading is done in a way that does not take advantage of non-public information. However, the term is frequently used to refer to a practice in which an insider or a related party trades based on material non-public information obtained during the performance of the insider’s duties at the corporation, or otherwise in breach of a fiduciary or other relationship of trust and confidence or where the non-public information was misappropriated from the company
Irish Law on Insider trading :Insider%20Trading%20Law%20in%20Ireland
The Golden Circle: There are a few different branches in the republic ,some in the financial sector and some are within the political elite of the country. Then there are the rest in prominent positions around the state guanos and the State media, illegal insider trading was carried out by one branch of the golden circle In the case of Anglo Irish Bank but we must also not forget that Irish Life and Permanent senior directors and other bank officials from the Department of Finance and the then financial regulator. None of the Golden circle has been brought before the courts for this specific crime why??? Now that we have a new Government what is taking them so long to bring these crooks to justice ?
- What now for the Sean Quinn property empire? (thepressnet.com)
- What legal constraints will be found to keep the same old codgers’ in place? (thepressnet.com)