Parties to fully contest €6m fraud charges brought by French actor Dany Boon
Dany Boon (pictured) claims that the Rossi family does not exist, and that any contention that they purchased SSMM forms part of the fraud committed against him by Mr Birles and the other defendants. Picture via Wikipedia
Several parties accused of defrauding the well-known French actor, writer and film director Dany Boon out of millions of euro are to "fully oppose" the claims against them, the High Court has heard.
Earlier this month, lawyers representing Daniel or Dany Boon secured a temporary High Court freezing order preventing Thierry Fialek-Birles aka Terry Birles aka Thierry Waterford-Mandeville and several corporate entities he allegedly either controls or is the ultimate beneficial owner of from reducing their assets below a value of €6m.
The corporate defendants in the action are South Sea Merchant's Mariners Ltd Partnership (SSMM), Hibernian Petroleum Limited Partnership, United Irish Estates Limited and Hibernian Yachts Company Limited which are all Irish-registered entities, and the Samoa-registered United Far East Oriental Holdings (Samoa) Ltd.
Rossa Fanning SC for Mr Boon said his client is the victim of "a systemic and elaborate fraud with an international dimension".
Mr Justice Brian O'Moore heard on Thursday that a letter on behalf of Mr Birles and several other defendants, except SSMM, stated that while they were consenting to the freezing order remaining in place pending the full hearing of the claim, they intend to "fully oppose" the action.
Those defendants said they wanted the matter heard as soon as possible and added that as part of their defence they will be raising the Belgium-based Mr Boon's alleged difficulties with the French tax authorities.
Previously, the court ordered that the orders obtained against SSMM, which to date has not had anyone appear in court to represent it, also be continued until the dispute is resolved. SSMM is the entity to which Mr Birles claims he paid €6.7m for various purposes, but now says it was used by Mr Birles to defraud him.
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The judge was also informed that lawyers representing Mr Birles and several other defendants intend to join the 'Rossi family', who allegedly purchased SSMM, as third parties to the proceedings.
Mr Boon claims that the Rossi family does not exist, and that any contention that they purchased SSMM forms part of the fraud committed against him by Mr Birles and the other defendants.
The court heard that Mr Birles and the other represented defendants intend to provide documentation and witness evidence to substantiate the purported sale of SSMM to the Rossi family. When that information is received those defendants intend to ask the court to lift the freezing orders against them, the court further heard.
Mr Fanning told the court that his client welcomed the fact that there was consent to his client's application to extend the freezing orders. Counsel said he would be very surprised if the Rossi family were joined or if any evidence was put before the court to support claims that such an entity bought SSMM as alleged.
Counsel added that investigations into the defendants and other entities were ongoing and that his client may have to bring further matters before the courts in the coming weeks and months should the need arise.
After extending the freezing order, Mr Justice O'Moore made directions regarding the exchange of legal documents between the parties. The case was adjourned to a date in November.
In his action, Mr Boon alleges that last year he advanced monies to entities linked to Mr Birles, whom it is alleged had represented himself to be an "Irish Lord from an ancient family" and an expert lawyer in maritime law.
Mr Boon claims that based on Mr Birles' advice he invested €4.5m of his money through SSMM in a scheme with the Irish Central Bank he alleges Mr Birles told him paid 3.25% annual interest that was tax free.
Mr Boon said he subsequently discovered that no such scheme exists and, despite making several requests, the funds have not been returned to him. Mr Boon also claims that he advanced a further €2.2m, through SSMM, to cover the costs of running yacht but does not yet know how much of that sum has been misappropriated.
Earlier this month, Mr Justice O'Moore granted Mr Boon a freezing or Mareva-type injunction restraining the defendants from reducing, moving or dissipating any of their assets below a value of €6m.
The freezing order prevents Mr Birles from moving a sailboat he allegedly owns called the 'Erin' from its current location at Crosshaven in Co. Cork. The order also prevents the defendants from dissipating or transferring funds allegedly held in various bank accounts.
The order further restrains the defendants from disposing or transferring a property located at Strand Street, Youghal, Co. Cork, allegedly beneficially owned by Mr Birles, that Mr Boon believes was acquired with his money. Mr Boon also secured various disclosure orders requiring the defendants to provide him with various documentation in an attempt to ascertain where his money has gone.
It is claimed Mr Birles, a French citizen aged in his thirties, committed the fraud by using a network of companies he had appeared to have established in Ireland and other jurisdictions and is somebody who goes by various aliases.
Mr Boon's claims are based on findings made by a private firm of investigators he hired over his concerns about Mr Birles.
His investigation was sparked off following an anonymous tip-off from a person who claimed to have also been a victim of an alleged fraud committed by Mr Birles, the court heard.
Mr Boon, a keen sailor, engaged Mr Birles to help provide services for the actor's yacht 'Umaren'. Mr Birles, it is claimed advised him to utilise the Dublin-registered SSMM following a recommendation from a mutual contact.
Mr Birles allegedly told Mr Boon that he was a partner of SSMM which his family established over 100 years ago, to provide special marine services for Mr Boon's yacht, it is claimed. Mr Boon advanced over €2.2m through SSMM to cover the costs of running the yacht.
He claims he was later informed by Mr Birles that SSMM had been taken over by an Italian family called Rossi, and that he was staying on with the firm as an advisor.
When Mr Boon sought his money back from SSMM he was informed by a person purporting to be a member of the Rossi family that the money had been transferred to accounts in South Korea and Panama and would be returned to him in due course.
Despite his requests SSMM, who Mr Birles later said had dispensed with his services, has not returned his money.
He claims that the investigation revealed that SSMM was a vehicle of the fraud, that the Rossi family who supposedly acquired SSMM does not exist, and that any messages from them were actually from Mr Birles.
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