Prosecution Cases 2008

The Director of Corporate Enforcement v Sean Crowe and Gary O’Brien

07 January 2008


Details of Defendants: 
Sean Crowe
9 The Grove,
Haydens Park,
Lucan,
Co. Dublin.

Gary O’Brien
11 The Rise,
Ellensborough,
Kiltipper Road,
Tallaght,
Dublin 24. 

Venue: 
Dublin District Court 

Judge: 
District Judge Lindsay 

Alleged Offence: 
The defendants were charged with separate contraventions of Section 161(1) of the Companies Act 1990 in that they were concerned or took part in the formation of a company Ultimate 2 Euro Limited, Company No. 400396, which said company did not meet the requirements set out in Section 150(3) of the Companies Act 1990 (as amended by Section 41(1) of the Company Law Enforcement Act 2001) while subject to a restriction declaration made by the High Court. 

Outcome: 
On a plea of guilty, both defendants were convicted on the charge of being concerned or taking part in the formation of a company, fined €500 each and ordered to pay prosecution costs of €228. 

Having been convicted of an offence under Section 161(1) of the Companies Act 1990, Sean Crowe and Gary O’Brien are deemed, pursuant to Section 161(2) of the same Act, to be the subject of a disqualification order. The Court granted an application from the prosecutor pursuant to Section 162 of the Companies Act 1990 that the period of disqualification to which both Sean Crowe and Gary O’Brien are subject should be from the date of conviction 7th January 2008 to the 6th January 2010. The effect of this provision is that both Sean Crowe and Gary O’Brien are disqualified from being appointed or acting as auditor, director or other officer, receiver, liquidator or examiner or being in any way, whether directly or indirectly, concerned or taking part in the promotion, formation or management of any company or society registered under the Industrial and Provident Societies Acts 1893 to 1978 for a period commencing 7th January 2008 and expiring on 6th January 2010.

Court Rulings

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