To become 'Irish version of FBI' corporate enforcer needs 'major staffing increase'

A new vision of the Office of the Director of Corporate Enforcement as “an Irish version of the FBI” would bring a requirement for the recruitment of both administrative staff and specialist staff.

Ireland's corporate enforcer said it would need a major increase in manpower to deal with “very well-resourced” white-collar suspects, technological advances that the law struggles to keep up with, and increased insolvency cases from the pandemic’s fallout.

The Office of the Director of Corporate Enforcement (ODCE) is to be set up as a stand-alone agency, which had been compared to an “Irish version of the FBI” by then Taoiseach Leo Varadkar according to internal records.

A detailed submission to the Department of Enterprise described how the ODCE had in recent years been working on crime and wrongdoing at the “more serious end of the spectrum”.

These investigations were resource-intensive and getting ever more complex according to the assessment, which was prepared by ODCE Director Ian Drennan.

He warned of technological advances that legislation “is unable to keep pace with”, and the number of different parties routinely involved in investigations as both witnesses and suspects.

Mr Drennan said there was a growing “propensity” for targets to take legal cases relating to things like privilege or privacy before the civil courts.

He also said, “many of the persons/entities with which the ODCE has to engage are very well resourced – as are their professional advisers”.

The submission warned as well of a major increase in work for their Head of Insolvency in the near future.

It said this was likely to become a substantially more demanding brief over the coming years “as the effects of the Covid-19 pandemic permeate through the economy”.

Mr Drennan also said there was a distinct possibility his office could be given a new role in the “rescue” regime to help small and medium businesses survive.

Staff requirements

The submission said the new vision of the authority as “an Irish version of the FBI” would bring a requirement for the recruitment of both administrative staff and specialist staff.

The new ODCE would have to fulfil a host of administrative functions, a number of which had up until now been taken care of by the department.

Mr Drennan said: “The ODCE is not currently equipped to assume or discharge these additional, and onerous, responsibilities.” 

For investigative purposes, they would need new garda staff for search warrants, the taking of witness statements, interviewing suspects, and management of evidence.

“Witness statements in a so-called ‘white collar’ investigation are typically lengthy and complex,” said the assessment, “often being taken from professionals and involving complex and technical concepts and content.” New specialist civilian staff would also be needed, including forensic accountants and digital forensic specialists, according to the document.

These would accompany gardaí during interviews especially where the witnesses were “accountants, auditors, liquidators and, as such, the statements are likely to contain specialist material”.

They would also be needed during the execution of search warrants and examination of documents to give their expert input on the relevance of material.

Mr Drennan highlighted in particular the massive demands already being placed on the ODCE’s digital forensics capability.

He wrote: “Every investigation now routinely involves the seizures of electronic devices – be that laptops, desktops, servers, smart phones, tablets, hard drives, USB keys etc.” In summary, Mr Drennan said the new agency version of the ODCE would need 14 new civilian staff. An unknown number of garda officers – the figures have been redacted under FOI law – would also be required.

A spokesman for the Office said: “In the context of the transition to agency status, the ODCE conducted a detailed assessment of the resource implications and shared same, together with underlying rationale, with the Department of Enterprise, Trade and Employment.

“Following Departmental assessment of the document, all the additional civilian resources sought have been sanctioned. Preparations for recruitment are now underway and advertisements are expected shortly. The Department … is liaising with the Department of Justice on the garda aspects.”