Limerick businessman who forged wife's signature to get loan avoids prison sentence
A LIMERICK businessman was given an 18-month suspended prison sentence and disqualified from being a company director for five years after he admitted forging his wife’s signature to get bank loans.
The man, who is aged in his 50s, cannot be named in order to protect the identity of the injured party.
The defendant had pleaded guilty to five charges under the Theft and Fraud Offences Act on a previous sitting of Limerick Circuit Court.
He was before Judge Tom O’Donnell, earlier this month, for sentencing.
Prosecuting barrister, John O'Sullivan, instructed by state solicitor Padraig Mawe, said the evidence had been heard previously but they were “forgeries in essence”.
He said: “There are quite a number. Under the Companies Act 2014 he is automatically disqualified from being a company director for five years.”
Pat Barriscale BL, who represented the accused, said the offences go back to between 2008 and 2013.
In mitigation, Mr Barriscale said the man is paying off the loans and intends to keep paying them off.
“He pleaded guilty, made full admissions and accepts responsibility. His business employs a number of people. If anything happened to his liberty it would put that in jeopardy,” said Mr Barriscale.
Detective Garda Anthony O’Driscoll gave evidence of speaking to the injured party a couple of days before the court date. He said the mortgage continues to be paid by the defendant, and that “she remains in the house”.
Limerick Circuit Court heard that the man has no previous convictions.
Imposing sentence, Judge O’Donnell said he had a clear recollection of the circumstances of the case.
“It was extremely selfish and dishonest forging his wife’s signature in respect of documents to get loans. It (the case) has a long history in this court,” said the judge who made reference to the criminal and (separate) family law proceedings.
The judge said a key mitigating factor was the defendant’s signed pleas of guilty.
“These types of charges are notoriously difficult to prove. A complex trial was avoided. There are a substantial amount of charges. He has acknowledged his guilt. He is working, employs a number of people and is paying the mortgages on two houses. If I imposed a custodial sentence it would have a catastrophic effect,” said Judge O’Donnell, who imposed concurrent 18-month prison sentences which he suspended in full.
Judge O’Donnell also disqualified the defendant from being a company director for a period of five years.
“In my 25 years it is the first time I’ve ever made that order as a judge,” he commented.