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Dublin: 15 °C Saturday 25 May, 2013

Maximum prison sentence for some white collar crimes doubles

The new legislation is a part of a crackdown on white collar crime.

Image: Photocall Ireland

THE JOBS MINISTER Richard Bruton is today enacting legislation which will double the maximum prison sentence for competition offences to ten years.

The Competition (Amendment) Act 2012 is being brought into force today – the legislation is part of a range of measures aimed at tackling white collar crime.

The existing legislation already sets out a range of penalties, but this new Act provides for the maximum prison sentence for anti-competitive agreements, decisions and concerted practices is to be raised from five to ten years.

Fines that can be imposed for “hard-core” breaches of competition law – such as cartels and price-fixing –  have been increased from €4 million to €5 million.

The circumstances under which a court can order that a person cannot be appointed as a company director have also changed to include contraventions of section 4 or 5 of the 2002 Competition Act.

It will also be easier for private individuals affected by anti-competitive practices to prove an action for damages, once public enforcement proceedings have successfully been taken.

Minister Bruton said:

Powerful people and organisations who abuse their position to the detriment of the ordinary consumer and small business will now face a greater chance of prosecution, and tougher penalties is convicted. It will make a real difference in the fight to tackle white-collar crime and ultimately help our economy on the road to recovery.

Read the Competition Amendment Act 2012 (PDF)>

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Comments (30 Comments)

  • who is going to enforce this legislation. I’ve been trying to highlight how a certain estate management company in cahoots with a management agent and the estates developers were defrauding the residents /shareholders of the estate . I have evidence and i showed it to the Gardai, ODCE and the consumer association – they all told me to go to someone else. Its great having these laws but not so great when noone is willing to enforce them

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    • That’s a microcosm of the crooked nature of this state Ken.. And nobody who should give a shit actually does

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    • Maybe you should contact thejournel with your story Ken.

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    • Kerry is right, go to the press. Also, try talking to elected representatives.

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    • right on ken the people that have the job of enforceing these lawsare getting well looked after to protect these criminals ,i to know of a similar situation where people have gone to ODCE with evidence of criminal activity in a company to be told what do you expect us to do ,when this person said i expect you to do your jobs .so bruton can up it to fifty years if he likes nobody goin to jail in little old corrupt ireland .

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    • i’d love to go to the press, especially the litany of incompetence Kildare county council have shown by letting the developers bond expire – course he’s gone bust now – still lives in a mansion now though. Also 16 KCC tenants live in the estate paying the management company/ agent 16k a year. When i reported the “alleged” fraud to them their response was that one of their tenants would have to complain first! It wasn’t like it was taxpayers money or anything

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  • No point making new laws if you are not going to use them.

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    • Fagan's 03/07/12 #

      FF’s leading back room man and 3 time Director of Elections PJ Mara was holidaying with Sean Fitzpatrick of Anglo Irish at Euro2012. Says all u need to know about the desire to reform and change.

      Unfortunately the message that he and his FF were sending very clearly is that Paddy can shove his laws were the sun doesn’t shine, its their country, run for their benefit and if you don’t like it, well as Brian Lenihan said “It’s a small country we all can’t live in it”. They are deliberately setting about re-normalizing the nexus of power between de Party, Bankers and big business. It’s what they do, always will, always have.

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    • @Fagans – do you have a photo of the two of them together? That would make a great news story! If anyone can send me a photo of them at the Euros that’d be great.

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    • Fagan's 03/07/12 #

      I don’t have a photo. Their was an article about it in the Phoenix Magazine. They flew over together in a private jet, all expenses paid of course.

      When you are that important a FF’er, you don’t pay, that is just for the Paddy’s.

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    • too little too late! typical irish politician reaction to try impement legislation years after it was needed, banana republic!!!!

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    • Flown over by Denis O’Brien according to the same article

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  • Lock up Fingers, Seanie, Bertie and Drumm – that’d help the national psyche get on the road to recovery…

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  • So what about politicians who have been found to abuse their expenses etc?

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  • double nothing is still nothing!

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  • I know it’s been written many times but the chances of any of those thieves being brought to justice is highly remote , one if not all just know too much, they were joined at the hip with many politicians, so bean spilling will ensue if cornering takes place.

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    • I totally agree with ya Dave….its good to dream though. Besides we all know they would probably get 2 years with the final 2 years suspended due to the suffering they and their families have gone through- no more Chapter One, L’ecrivan, loss of collectable art and jewellery blah blah blah

      Reply
  • Fagan's 03/07/12 #

    FF have appointed most of the Judges in this state, many of them are party members and related to FF reps etc.

    A very sizeable no. of them are going to be open to being persuaded that ” such and such is a friend of the party, let him go, he is a good sort, sure its not like he is a mugger or a junkie”.

    They have appointed countless countless of their own people to senior positions in the guards and DPP.

    When the justice and legal system is so compromised from within, you cannot expect fair and honest trials or justice. These people owe FF their jobs and massive perks and salaries. Favours are constantly called in, that is they work.

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  • The prisons are full.
    It is very unlikely white collar criminals will be incarcerated and if they are they will likely get early release.

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  • Competition Abuses are costing the economy circa €4billion per annum (Dr. John Fingleton estimate given to Public Accounts Committee 2004) that is €4 billion each year! That is a lot of Household Charges, Septic Tank Charges and Special Needs Teachers etc. The Competition Authority has failed to carry out its statutory function since its inception. It has proved little more than a phantom body throughout its 21 year history.

    Cartelists steal billion’s of Euro per year from Irish consumers, thereby artificially inflating our cost base and condemning tens of thousands to the dole queues. It appears that successive administrations are in awe (or perhaps hock) to big business and cannot countenance enforcing the law of the land against these criminal offenders. The same applies to the OCDE. This has to change.

    With cartel activity at epidemic levels, businesses closing daily and unemployment at record highs, it is time to take the bull by the horns and restructure the Competition Enforcement regime. This root and branch requirement means placing the entire investigative and enforcement function in the hands of An Garda Siochana – preferably as a division of the Criminal Assets Bureau. This stand alone enforcement agency should be supported by legal and economic experts. In this way, the emphasis and extra funding can be deployed on criminal investigations.

    Alongside or as part of the Criminal Assets Bureau Division, there can be a slimmed down version of the present authority to deal with mergers, market studies and advocacy. That said, the best advocacy is action and newspaper headlines detailing business elite receiving custodial sentences will quickly get the deterrence message across.

    This radical restructuring will be of massive benefit to the exchequer, bringing in hundreds of millions in fines annually whilst lowering the cost base of the economy and creating jobs. Effective Competition Law Enforcement will provide an ongoing devaluation effect for the economy in much the same way that many economists repeatedly call for the devaluation of our currency.

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  • Mick Wallace too!!!

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  • fagan its only when one of them get caught do you see the corruption and no lawyer will go against another ,the one thing that is deafening is the media silence.

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  • When he calls for Wallace, fitzpatrick, drumm and aherne to go to prison then I’ll listen otherwise it’s a load of populist bull. FFg and labour accuse sinn fein of this type of thing every time they object selling of the Irish people down the river Rhine and them come out with this.

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  • Id rather see crackdown in youth crime, beatings, murders and animal cruelty not in the less relevant area possible, but good for something anyways maybe its start for other changes too.

    Reply

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