Several parties accused of defrauding the well-known French actor, writer and film director Dany Boon out of millions of euro are to “fully oppose” the claims against them, the High Court has heard.
Earlier this month lawyers representing Daniel or Dany Boon secured a temporary High Court freezing order preventing Thierry Fialek-Birles, otherwise known as Terry Birles and Thierry Waterford-Mandeville, and several corporate entitles he allegedly either controls, or the ultimate beneficial owner of it, from reducing their assets below a value of €6 million.
The corporate defendants in the action are South Sea Merchant’s Mariners Ltd Partnership (SSMM), Hibernian Petroleum Limited Partnership, United Irish Estates Limited and Hibernian Yachts Company Limited which are all Irish registered entities, and the Samoa-registered United Far East Oriental Holdings (Samoa) Ltd.
Rossa Fanning SC, for Mr Boon, said his client is the victim of “a systemic and elaborate fraud with an international dimension”.
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Mr Justice Brian O’Moore heard on Thursday that in a letter on behalf of Mr Birles and several other defendants, except SSMM, stated that while they were consenting to the freezing order remaining in place pending the full hearing of the claim, they intend to “fully oppose” the action.
Those defendants said they wanted the matter heard as soon as possible and added that as part of their defence they will be raising the Belgium-based Mr Boon’s alleged difficulties with the French tax authorities.
Previously, the court ordered that the orders obtained against SSMM, which to date has not had anyone appear in court to represent it, also be continued until the dispute is resolved.
SSMM is the entity which Mr Birles claims he paid €6.7 million to for various purposes, but now says it was used by Mr Birles to defraud him.
The judge was also informed lawyers representing Mr Birles and several other defendants intend to join the ‘Rossi family’, who allegedly purchased SSMM, as third parties to the proceedings.
Mr Boon claims the Rossi family does not exist and that any contention that they purchased SSMM forms part of the fraud committed against him by Mr Birles and the other defendants.
The court heard that Mr Birles and the other represented defendants intend to provide documentation and witness evidence to substantiate the purported sale of SSMM to the Rossi family.
When that information is received those defendants intend to ask the court to lift the freezing orders against them, the court further heard.
Mr Fanning told the court that his client welcomed the fact that there was consent to his client’s application to extend the freezing orders.
Counsel said he would be very surprised if the Rossi family were joined or if any evidence was put before the court to support claims that such an entity bought SSMM as alleged.
Counsel added that investigations into the defendants and other entities were ongoing and that his client may have to bring further matters before the courts in the coming weeks and months.
After extending the freezing order, Mr Justice O’Moore made directions regarding the exchange of legal documents between the parties. The case was adjourned to a date in November.
In his action, Mr Boon alleges that last year he advanced monies to entities linked to Mr Birles, whom it is alleged had represented himself to be an “Irish Lord from an ancient family” and an expert lawyer in maritime law.
Mr Boon claims that based on Mr Birles’s advice that he invested €4.5 million of his money through SSMM in July 2021 in a scheme with the Irish Central Bank he alleges Mr Birles told him paid 3.25 per cent annual interest that was tax-free.
Mr Boon said he subsequently discovered that no such scheme exists and, despite making several requests, the funds have not been returned to him.
Mr Boon also claims he advanced a further €2.2 million, through SSMM, to cover the costs of running a yacht but does not yet know how much of that sum has been misappropriated.
Earlier this month, Mr Justice O’Moore granted Mr Boon a freezing or Mareva-type injunction restraining the defendants from reducing, moving or dissipating any of their assets below a value of €6 million.
The freezing order prevents Mr Birtles from moving a sailboat he allegedly owns called the ‘Erin’ from its current location at Crosshaven in Co Cork.
The order further restrains the defendants from disposing or transferring a property located at Strand Street, Youghal, Co Cork, allegedly beneficially owned by Mr Birles, that Mr Boon believes was acquired with his money
It is claimed Mr Birles, a French citizen aged in his thirties, committed the fraud by using a network of companies he had appeared to have established in Ireland and other jurisdictions and is somebody who goes by various aliases.