Prosecution Cases 2003

The Director of Corporate Enforcement v. Stuart Fogarty

08 July 2003


Details of Defendant(s):
Stuart Fogarty, Director of Aubrey Fogarty Associates Limited

Company Number: 24806

Registered Office: 46, James Place East, Dublin 2. 

Venue:
District Court 45 DMD 

Judge:
District Judge Brian Kelly 

Alleged Offence(s):
The defendant was charged on 16 separate counts of having, as a Director of Aubrey Fogarty Limited, authorised or permitted that company to lend sums of money to himself (then being a Director of that company) knowing or having reasonable cause to believe that the company was thereby contravening Section 31 of the Companies Act, 1990. These are indictable offences under Section 40(1) of the Companies Act, 1990. 

Outcome:
The defendant having pleaded guilty, and the Court having thought the charge proven, the Court proceeded (under Section 1(1) of the Probation of Offenders Act, 1907) to dismiss the charges having noted the defendant's contribution of €3,000 to charity.

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