Court of Appeal dismisses appeal of conspiracy to defraud convictions imposed on former executives of Anglo-Irish Bank Corporation arising from the deception of potential and actual investors, depositors and lenders following the global banking catastrophe of 2007/2008, on the grounds that: 1) the defence of entrapment was not made out; 2) the mens rea of the crime was not affected by any actions or words or behaviour of the Regulator; 3) expert evidence regarding whether the transaction lacked commercial substance did not amount to an impermissible encroachment on the jury’s function; and 4) the manner in which the trial judge approached the charge to the jury on the issue of the mens rea for the common law offence of conspiracy to defraud was satisfactory.
Criminal law – conspiracy to defraud – global banking catastrophe of 2007/2008 – Anglo-Irish Bank Corporation – deception of potential and actual investors, depositors and lenders – the financial regulator – admissibility of the expert evidence – trial judge’s directions to the jury and other rulings – the intent required for the offence charged – acquittal of the co-accused – issues concerning telecommunications evidence – entrapment – officially induced error – entrapment by estoppel – mens rea for the offence of conspiracy to defraud – whether the expert's evidence that the transaction lacked commercial substance amounted to an impermissible encroachment on the jury’s function – whether the trial judge erred in admitting evidence of the accountancy treatment of the deposits after 30th September, 2008 – jury had ample evidence in order to consider whether the appellant was involved in negotiating, agreeing, instructing, authorising the September transactions or was engaged in executing them – false accounting charge pursuant to the provisions of s. 10 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 – Elliot, Dishonesty in Theft: A Dispensable Concept [1982] Crim L.R.395 – whether the appellant knew or believed the scheme to be dishonest – Section 53 of the Central Bank Act, 1989 – Credit Institutions (Financial Support) Scheme, 2008 – adequate and fair summary of the defence position with respect to the nature and form of the deposits in controversy was given to the jury – s. 52(6)(a)(ii) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 – s. 98 of the Postal and Telecommunication Services Act, 1983 as amended by the Interception of Postal Packets and Communication Messages (Regulation) Act, 1993 – appeals against convictions dismissed.