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The 12 charges against Seán FitzPatrick

The former Anglo Irish Bank chief executive has been charged and remanded on bail until March 1.

Seán FitzPatrick is driven away from Dublin District Court after being remanded on bail following charges of making misleading statements to Anglo's auditors.
Seán FitzPatrick is driven away from Dublin District Court after being remanded on bail following charges of making misleading statements to Anglo's auditors.
Image: Sam Boal/Photocall Ireland

Updated, 16:44

THE FORMER CHAIRMAN and chief executive of Anglo Irish Bank, Seán FitzPatrick, has appeared in court charged with 12 counts of making false or misleading statements to corporate auditors.

The 64-year-old appeared before Judge Michael Walsh at Dublin District Court earlier today, after being arrested and questioned at Bridewell Garda Station this morning.

FitzPatrick was charged with several counts of failing to disclose the true amount of loans made by the bank to him or to parties connected with him, and for failing to disclose loans between Anglo and Irish Nationwide Building Society, to auditors Ernst & Young.

The offences are alleged to have occurred at various dates, each at the end of November or beginning of December, in 2002, 2003, 2004, 2006 and 2007.

FitzPatrick was remanded on bail, for the serving of a book of evidence, and will appear again in court on March 1. He was released on his own bond of €1,000.

The charges in full

  1. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 27th day of November 2007 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it excluded (or failed to disclose the true amount of) loans to you or persons connected with you within the meaning of Section 26 (1) (a) and (c) and Section 26(2) of the Companies Act 1990 in respect of which you had authorised arrangements to ensure that the balance of those loans would or would appear temporarily to be reduced at year-end, being reductions in an amount of not less than €139.8 million, contrary to Section 197 of the Companies Act 1990.
  2. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 27th day of November 2007 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it failed to refer to a transaction or arrangement within the meaning of Section 25 (4) and (6) of the Companies Act 1990 between the said bank and the Irish Nationwide Building Society in connection with the giving of loans to you by the said building society on or about the 26th day of September 2007, contrary to Section 197 of the Companies Act 1990.
  3. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 05th day of December 2006 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it excluded (or failed to disclose the true amount of) loans to you or persons connected with you within the meaning of Section 26 (1) (a) and (c) of the Companies Act 1990 in respect of which you had authorised arrangements to ensure that the balance of those loans would or would appear temporarily to be reduced at year-end, being reductions in an amount of not less than €60.9 million, contrary to Section 197 of the Companies Act 1990.
  4. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 05th day of December 2006 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it failed to refer to a transaction or arrangement within the meaning of Section 25 (4) and (6) of the Companies Act 1990 between the said bank and the Irish Nationwide Building Society in connection with the giving of loans to you by the said building society on or about the 27th day of September 2006, contrary to Section 197 of the Companies Act 1990.
  5. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 22nd day of November 2005 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it excluded (or failed to disclose the true amount of) loans to you or persons connected with you within the meaning of Section 26 (1) (a) and (c) of the Companies Act 1990 in respect of which you had authorised arrangements to ensure that the balance of those loans would or would appear temporarily to be reduced at year-end, being reductions in an amount of not less than €42.1 million, contrary to Section 197 of the Companies Act 1990.
  6. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 27th day of November 2005 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it failed to refer to a transaction or arrangement within the meaning of Section 25 (4) and (6) of the Companies Act 1990 between the said bank and the Irish Nationwide Building Society in connection with the giving of loans to you by the said building society on or about the 26th and 27th days of September 2005, contrary to Section 197 of the Companies Act 1990.
  7. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 23rd day of November 2004 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it excluded (or failed to disclose the true amount of) loans to you or persons connected with you within the meaning of Section 26 (1) (a) and (c) of the Companies Act 1990 in respect of which you had authorised arrangements to ensure that the balance of those loans would or would appear temporarily to be reduced at year-end, being reductions in an amount of not less than €23.0 million, contrary to Section 197 of the Companies Act 1990.
  8. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 23rd day of November 2004 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it failed to refer to a transaction or arrangement within the meaning of section 25(4) and (6) of the Companies Act 1990 between the said bank and the Irish Nationwide Building Society in connection with the giving of loans to you by the said building society on or about the 28th day of September 2004, contrary to Section 197 of the Companies Act 1990.
  9. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 25th day of November 2003 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it excluded (or failed to disclose the true amount of) loans to you or persons connected with you within the meaning of Section 26 (1) (a) and (c) of the Companies Act 1990 in respect of which you had authorised arrangements to ensure that the balance of those loans would or would appear temporarily to be reduced at year-end, being reductions in an amount of not less than €14.0 million, contrary to Section 197 of the Companies Act 1990.
  10. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 25th day of November 2003 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it failed to refer to a transaction or arrangement within the meaning of section 25 (4) and (6) of the Companies Act 1990 between the said bank and the Irish Nationwide Building Society in connection with the giving of loans to you by the said building society on or about the 26th and 29th days of September 2003.
  11. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 26th day of November 2002 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it failed to refer to a transaction or arrangement within the meaning of Section 25(4) and (6) of the Companies Act 1990 between the said bank and the Irish Nationwide Building Society in connection with the giving of loans to you by the said building society on or about the 27th day of September 2002, contrary to Section 197 of the Companies Act 1990.
  12. That you Sean Fitzpatrick, being an officer of Anglo Irish Bank Corporation PLC, did on or about the 26th day of November 2002 within the Dublin Metropolitan make a statement to the auditors of the said bank, namely Ernst & Young, which was misleading false or deceptive in a material particular or particulars, knowing or being reckless as to whether it was so misleading false or deceptive, insofar as it excluded (or failed to disclose the true amount of) loans to you or persons connected with you within the meaning of Section 26 (1)(c) of the Companies Act 1990 in respect of which you had authorised arrangements to ensure that the balance of those loans would or would appear temporarily to be reduced at year-end, being reductions in an amount of not less than €5.1 million.

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