FORMER NAMA executive Enda Farrell has given the High Court details of the people to whom he sent highly confidential agency data he allegedly misappropriated from the agency.
The “dishonest conduct” of Mr Farrell and his wife, Alice Kramer, of Knockudder, Dunboyne, Co Meath, to date may constitute a criminal offence under the Nama Act 2009, the agency claims.
In documents supplied to the court, Nama alleges, from evidence to date, it appeared at least some of the information about loans under their control and the location and ownership of properties held by the agency as security for those loans was unlawfully deployed in the commercial property marketplace.
It is still considering a claim for damages against Mr Farrell over his passing of the information on to his wife and others.
In an affidavit, Mr Farrell, a property portfolio analyst with the agency until his resignation last February, said he forwarded certain listed items to people outside the employment of Nama. He said he had forwarded 29 emails to his wife at her work email between October 16th, 2011, and February 24th and asked her to forward those to her personal email account at Yahoo, which she did.
It was claimed by the agency the emails were sent to Mr Farrell’s wife’s corporate email address to avoid the internal system monitoring mail within the National Treasury Management Agency and facilitate the “illicit removal and storage” of confidential information outside the agency.
Mr Farrell said he also forwarded emails of listed items to named persons in a Canadian asset management company and the owner of a real estate investment management business based in London. After he terminated his employment with Nama, he had worked with an English investment management company, Forum Partners, as a consultant and was retained in Dublin on a six-month contract, he said.
Between April 9th and July 31st last, he said had sent 15 emails containing listed items to persons not employed by Nama/NTMA, he said. He named a number of individuals, including a person working for a Dublin estate agency and two working with a Dublin-based investment management company. He had sent a mail to another named individual with a Dublin-based Canadian asset management company with an attachment, he said.
In a second affidavit, Mr Farrell said he had identified a further nine emails via which he sent listed items to people outside the employ of Nama. Those documents included a case study of one asset under Nama’s control.
His actions came to light during an internal investigation by Nama into allegations of wrongdoing by Mr Farrell.Mr Justice Peter Kelly adjourned the case for four weeks.