Prosecution Cases 2012

The Director of Corporate Enforcement V Frank Houlihan

12 July 2012


Details of Defendant:
Frank Houlihan

Address:
56 Hazelwood Court, Glanmire, Co Cork.

Venue: Midleton District Court

Judge:
District Judge Brian Sheridan

Alleged Offences:
Contrary to Section 187(1) of the Companies Act 1990, Mr Houlihan acted as auditor of three companies whilst not qualified to do so. A total of four charges were before the Court relating to Mr Houlihan having acted as auditor for one financial year in the case of two companies and for two financial years in the case of one other company.
Contrary to Section 242(1) of the Companies Act 1990, Mr Houlihan did, in purported compliance with Section 193 of the Companies Act 1990, produce a report purporting to have been signed by a firm of auditors which he knew was false in a material particular. A total of five charges were before the Court relating to this alleged offence for one financial year in the case of three companies and for two financial years in the case of one other company.

Outcome:
On a plea of guilty, the Court convicted the Defendant of two charges pursuant to both Sections 187(6) and (9) and Section 242(1) of the Companies Act 1990, details of which are set out below.
The Court imposed fines totalling €3,808.00 (€1.904.00 on one charge under Section 187(6) and (9), and €1904.00 on one charge under Section 242(1)), took into consideration three further charges under Section 187(6) and (9) and four further charges under Section 242(1) and directed the Defendant to pay a sum of €1,250 as a contribution towards the Prosecutor’s Cost, such sum to be paid within a period of six months from the date of the Court Order.

Court Rulings

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