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Forgery, conspiracy to defraud, false documents: Ex-Anglo chief David Drumm faces 33 criminal charges

The alleged offences that Ireland wants to charge the former Anglo CEO with have been revealed for the first time.

Image: Photocall Ireland

Updated: 8.07 pm

DAVID DRUMM, FORMER CEO of Anglo Irish Bank, faces 33 charges if Ireland is successful in its extradition request in the US.

According to reports, a hearing in Boston this afternoon ended with an order that Drumm remain in custody ahead of a court date on Friday, when he will formally apply to be released on bail.

For the first time, the full extent of the criminal offences he allegedly committed in this jurisdiction have been revealed.

Ahead of the initial court appearance which began what could be a long extradition process, a submission by an assistant United States attorney in Boston was unsealed.

It details each of the alleged offences for which an arrest warrant was issued. They include forgery, conspiracy to defraud, being privy to the falsification of documents, disclosing false or misleading information and giving unlawful financial assistance.

The following are the offences, detailed in the court documents:

1. False or misleading information disclosed

Disclosure of information in an Interim Management Report, in purported compliance with Transparency Directive 2004/109/EC Regulations 2007 which is false or misleading in a material respect, in violation of Section 21 of the Investment Funds, Companies and Miscellaneous Provisions Act 2006, which carries a maximum sentence of fives years’ imprisonment.

2-17. Giving unlawful financial assistance

Giving of unlawful financial assistance by a company to a person for the purpose of, or in connection with, the purchase of shares in that company, in violation of Section 60 of the Companies Act 1963 (as amended), which carries a maximum sentence of five years’ imprisonment, per offence.

18-24. Forgery

Forgery, in violation of Section 25 of the Criminal Justice (Theft and Fraud) Offences Act 2001, which carries a maximum sentence of 10 years’ imprisonment, per offence.

25-31. Knowing about falsification of a document

Being privy to the falsification of a document as an officer of a company, in violation of Section 240 of the Companies Act 1990 (as amended), which carries a maximum sentence of five years’ imprisonment, per offence;

32. Conspiracy to defraud

Conspiracy to defraud, in violation of common law, as defined by common law in the English decision Scott v Metropolitan Police Commissioner [1975] AC 819, which carries a maximum sentence of an unlimited term of imprisonment

33. False accounting

False accounting, with the intention of making gain or causing loss to another by making use of an account that is false, misleading or deceptive in violation of Section 10 of the Criminal Justice (Theft and Fraud) Offences Act 2001, which carries a maximum of ten years’ imprisonment.

A copy of the arrest warrant was also published today.

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The former banker, who has lived in the US since 2009, was taken into custody by US marshals on Saturday and remains in custody.

Read the full submission here>

Originally published: 1.14 pm

More: David Drumm will be in court in the US later today

Read: The interesting bits you need to read from the David Drumm ruling

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