Ennis solicitor stole €150,000 from 11 clients in 'robbing Peter to pay Paul' exercise, court hears

An Ennis solicitor stole €149,830 from 11 clients over a five-year period “in a robbing Peter to pay Paul’ enterprise, Ennis Circuit Court heard today.

Michelle O’Keeffe (aged 55) of Fionn Oir, Lahinch Road, Ennis, today pleaded guilty to sample counts from 19 separate counts of theft between January 2006 and December 2011.

Counsel for Ms O’Keeffe, John O’Sullivan BL said that the thefts occurred as Ms O’Keeffe’s legal practice was in a perilous financial state and she carried out "a robbing Peter to pay Paul" scheme.

He said: “Things got on top of her and she made very foolish misjudgements.”

The thefts to which Ms O’Keeffe has pleaded guilty to ranged from €22,413 to €1,452.

Ms O'Keeffe's thefts were from clients involved in property deals where she was carrying out the conveyancing work for them.

Counsel for the State, Philip Rahn BL, said that Ms O’Keeffe’s firm’s accountant, Pat Reidy, alerted the Law Society to discrepancies in the accounts and expressed concerns that the matter should be dealt with some urgency.

As a result, the Law Society sent in a forensic accountant, Edward Sheehan, to see what happened to the money.

Mr Rahn said that Mr Sheehan’s report revealed the various thefts that have been set out in the indictment before the court.

Arising from the Law Society investigation, Ms O’Keeffe was brought before a Solicitors' Disciplinary Tribunal in October 2013 and on foot of its recommendation, the President of the High Court struck off Ms O’Keeffe as a solicitor in January 2014.

Mr Rahn said that the Law Society’s Compensation Fund recompensed all of Ms O’Keeffe’s clients in 2012.

Mr O’Sullivan said that Ms O’Keeffe has since fully recompensed the Law Society for all of its costs in the case through financial assistance from family members and a partial inheritance.

Mr O’Sullivan said that Ms O’Keeffe is from a well-respected family "and feels a great sense of shame and dishonour that she has brought upon herself but even more significantly members of her family”.

Mr O’Sullivan said that as a result, Ms O’Keeffe spends most her time in her own home, which he said is on the verge of being repossessed.

Mr O’Sullivan said that “in terms of dishonesty", Ms O’Keeffe’s thefts were “not sophisticated or complex”.

In one example, Mr Rahn said that in 2006, Terence Kelly purchased a property in Ennis and engaged Ms O’Keeffe to handle the purchase and paid the stamp duty of €20,580 by way of cheque.

He said that Mr Kelly was later contacted by Revenue concerning the non-payment of the stamp duty and the Law Society directed that Ms O’Keeffe pay the €20,580 in stamp duty, but she only did this by misappropriating money from another client account.

Det. Sgt Brian Howard told the court that injured parties in the case “would have great respect and time for Ms O’Keeffe”. He said that she has no previous convictions.

He said that the prosecution arose from a complaint by the Law Society in 2014. Mr O’Sullivan said that his client’s health has been poor concerning psychiatric matters.

He said: “She was particularly ill-suited to practising as a sole practitioner. She did wrong and has admitted her wrong-doing and she is remorseful.”

Mr O’Sullivan asked that Judge Gerald Keys not impose a custodial sentence.

Judge Keys remanded Ms O’Keeffe on continuing bail to September 30th for sentence.