Apartment conman given time to compensate victims

A Polish national whose €28,100 Dublin city centre "apartment scam" left some foreign nationals living on the streets has been given time to allow him compensate his 14 victims before he is sentenced.

Leszek Mikulski (aged 27) who was given bail in August on condition that he reside at Jamestown Park, Ratoath, Co Meath, pleaded guilty to 14 charges of theft on dates between February and March 2007 at two Dublin city centre apartments on Usher’s Quay and Wellington Quay.

Judge Patricia Ryan at Dublin Circuit Criminal Court said it was clear that the loss of money to those affected by Mikulski’s crime must have an ongoing effect on them and a monetary value could not be placed on that and the court was not made aware of how they were affected.

Detective Garda Desmond Rogers told Judge Petria McDonnell when Mikulski applied for bail at a vacation hearing in August, that some of his victims had been left living on the streets.

He said Mikulski used two different bogus names and contact details on lease agreements for the two apartments. He took a month’s rent in advance and a month’s rent in deposit from each person before handing over keys that were not for those apartments.

He was never in a position to lease either apartment which he himself had been renting after signing lease agreements with a one of his false names.

Det Gda Rogers told Mr Shane Costelloe BL, prosecuting, that a foreign national called to Pearse Street Garda Station on March 20 last to complain that money had been taken from him.

He said he had signed a lease agreement for an apartment on Wellington Quay and handed over a deposit as well as a month’s rent in advance.

He said he was given keys for the apartment and told to return a few days later to move in but when he arrived he could not gain access to it.

Det Gda Rogers said the complainant told gardaí that his friend was due to meet a man they believed was the same person in relation to the same apartment after seeing an advertisement on a website.

Gardaí went to the apartment with the two men and Mikulski answered the door. He was arrested for theft after he admitted he was in the process of falsely letting an apartment in Dublin.

Det Gda Rogers told Mr Costelloe that a large number of leasing agreements were found in the apartment and Mikulski was told to bring these with him to the station.

Mikulski told gardaí that it was his intention to see how many people would be interested in the apartment, lease it to one and then try and find other similar apartments for the unsuccessful tenants.

Det Gda Rogers said that nine other people came to the Garda station on the same day complaining that they too had handed over a deposit and a month’s rent in advance after signing a lease agreement but when they arrived at the apartment to move in the keys would not work.

The registered landlord of the apartment had advised them to go to the gardaí.

Det Gda Rogers said that the bogus name and contact details on the lease agreements meant that none of the people were able to get in touch with Mikulski. A total of €17,200 was taken from nine people in relation to the apartment on Usher’s Quay.

Garda Wesley Kelly told Mr Costello that he took complaints from five different people who had handed over a total of €10,900 to Mikulski for the apartment on Wellington Quay.

They had contacted the Garda station in February but because Mikulski used another false name and address on their lease agreements gardai were not able to track him down at the time.

Mikulski made no admissions in relation to the apartment in Wellington Quay but was later identified by his victims after gardaí showed them a number of different ‘photo fits’.

Gda Kelly agreed with Mr Michael Bowman BL, defending, that Mikulski then told him it was never his intention to harm these people and he agreed to pay them back "if they are out of pocket because of my actions".

Det Gda Rogers told Mr Costello that €16,810, in relation to the lease agreements from the apartment on Usher’s Quay, was later found in Mikulski luggage after he told them they could find the money there.

He said that Mikulski was remanded in custody in March but was granted bail in August when Judge McDonnell was told he would reside at a Ratoath address and a restaurant owner gave evidence of having a job for him so that he could raise compensation.

Mikulski also handed over false identity papers he used to come to Ireland. He had no previous convictions and had come to Ireland from Poland three and half years ago.

Det Gda Rogers agreed with Mr Bowman that Mikulski claimed it was never his intention to leave Ireland after he had "scammed" the money because he had a €6,000 credit card debt in Poland.

He accepted that Mikulski told gardaí it was his plan to rent out as many apartments as possible and take a cut from it to help pay off his debts and cover his own rent.

Det Gda Rogers further agreed that Mikulski had suggested that this represented more of "a half-baked business plan" because he only tried to lease out two apartments.

Mr Bowman told Judge Ryan that Mikulski had trained in the Polish Air Force for three and half years before coming to Ireland. He wished to apologise to his victims and the gardaí and had €2,000 in court in a bid to compensate his victims for his crimes.

Mr Bowman handed in documents which indicated that Mikulski owed €14,800 and had a phone bill of €7,329 in addition to his credit card debt. He had run up debts with DJs and a security company after holding a number of events for the Polish community in Ireland.

Mr Bowman said his client’s behaviour was "ill-informed, ill-advised and ultimately illegal" and he asked Judge Ryan to adjourn the case to allow Mikulski to continue his employment so he could raise more money to fully pay back his victims for their loss.