Two directors of a Dublin based timber importation business have been sentenced for their roles in a €200,000 customer fraud.

Bronwyn O’Dea (54) and Paul De Brit (56) took orders from customers on the promise that money would only be taken from customers accounts once the timber was delivered.

Judge Martin Nolan said that they convinced customers to make orders on a "bill of exchange" agreement but failed to deliver the timber.

During their trial at Dublin Circuit Criminal Court for a number of fraud and deception offences O'Dea of Killeen Crescent, Malahide, Dublin and De Brit of Pinehurst, Tinahely, Wicklow pleaded guilty to the theft and deception of €19,124 from Peter Andrews of The Wood Floor Store, Lancashire, England.

The pair used their customers money to fund the business as the company was in financial difficulty and they were trying to trade their way out of problems, the court heard.

Sergeant Stephen Niland agreed with prosecution counsel Karida Nadoo that the total loss to complainants was around €200,000.

Judge Nolan told the court it was a serious offence that breached the trust of Mr Andrews and was a case of classic fraud.

Intention to fulfill

Defence counsel for Ms O’Dea, Mr Paddy McGrath said it was “poles apart from a classic fraud and deception case” and it was always his client’s intention sometime in the future to fulfill the orders.

He told the court they discounted bills of exchange to try and keep the business afloat and meet orders which they had done before. He said if the recession had not hit she wouldn’t be here in court.

He said O’Dea did not benefit but was in fact in a worse financial situation. They were pouring their own money into a company which they didn’t see was a lost cause at the time, he said.

Counsel said that O’Dea had shown remorse and had brought to court a bank draft for Mr Andrews for €19,124.12.

He told the court that O’Dea was a decent person who made a bad business decision.

Defence counsel for De Brit said he had started working when he was 17 years old and had learnt in the trade about bills of exchange.

He said if the recession hadn’t hit it was very likely the company would have continued and the customers would have got their products.

Lost money

Judge Nolan said that all customers in the case lost money and none received their wood products.

The essence of fraud in this case was monies were used to operate the company instead of being used to purchase the timber, he said.

He said the fact that both parties on advice decided to plead guilty demonstrated insight and some remorse and showed they are ashamed of what they had done.

Judge Nolan said they didn’t benefit from their wrong-doing, they lost a considerable amount of money from their business activities and they were highly unlikely to re-offend.

Judge Nolan suspended a three year sentence prison term imposed on O’Dea.

The judge told Mr De Brit his misbehaviour was somewhat greater and sentenced him to four years in prison with the last three years suspended.