Receiver is biased against us, say Quinns

Family members of bankrupt businessman Seán Quinn claim a receiver appointed over their pers-onal assets is not independent but biased towards Anglo Irish Bank.

They say some of the receiver’s staff worked for Anglo at a senior level before and since its nationalisation.

They are also objecting to requests by receiver Declan Taite of accountancy firm RSMFGS to disclose information about their assets and financial and tax affairs, including email accounts and phones or any devices on which information about assets may be stored.

The receiver is engaged in “an excessively voyeuristic intrusion into our personal lives”, they say.

They feared Mr Taite would pass on information to Anglo that could assist it in defending the family’s forthcoming action aimed at avoiding liability for loans of some €2.34bn, they added.

The family also wants the court to discharge Mr Taite’s solicitors, Arthur Cox, alleging the firm is “heavily conflicted” on grounds including its involvement in restructuring Quinn companies. Other concerns include that Cox’s is acting for the bank in its action against former Anglo head of lending, Thomas Browne, which would address issues concerning the building up of contract for difference positions by Mr Quinn in Anglo, they said.

“Multiple partners” in Cox’s had undertaken work for Anglo and it was clear Cox’s was getting substantial work from Anglo and/or its shareholder, the Department of Finance, said the family.

They cited “overlapping” of senior staff between RSMFGS, Anglo, and IBRC. Ian Duffy, former managing partner of RSMFGS, is a former director of Anglo; Anthony Carroll of RSMFGS’s insolvency division since Nov 2011 was an Anglo assistant manager for five years; and David Crotty, RSMFGS assistant manager, was employed for five years by Anglo/Irish Nationwide. Paul Brady, a solicitor with RSMFGS since Sep 2011, also worked by Anglo.

The family denied their application was a bid to derail the receiver’s work.

Lawyers for Mr Taite, Arthur Cox, and IBRC argued the family raised no grounds requiring the court to discharge either the receiver or his lawyers.

Michael Collins SC, for Mr Taite and Arthur Cox, said “not a single material document” had been provided in three months by the family, despite the court requiring them to co-operate with the receiver.