The proceeds of an alleged “elaborate” romance fraud perpetrated against a vulnerable woman were used to purchase a Co Cork property, the High Court has heard.
Lawyers for the Criminal Assets Bureau (Cab) made the claims in seeking an order declaring that Thomas Humphreys’s house on Strand St, Youghal, Co Cork was purchased in July 2015 for €25,000 using the proceeds of crime. The order is sought under section 3 of the Proceeds of Crime Act 1996.
The bureau’s case also alleges that Mr Humphreys (37), previously with an address at Curraigue, Mallow, Co Cork, but now believed to be living in the UK, is associated with people involved in the drug trade in Co Kerry and Co Cork. He was convicted of separate fraud offences in Australia but fled before his trial on those charges.
Shelley Horan, appearing for the bureau, told Mr Justice Liam Kennedy on Wednesday that it was her client’s case that Mr Humphreys allegedly used money procured by his brother-in-law, Patrick O’Brien (44), in a “sinister” romance fraud to purchase the property.
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Opening sworn statements provided by Garda members, Ms Horan outlined how Mr O’Brien, under a false name, ostensibly entered a romantic relationship with “vulnerable” Pauline Fitzpatrick, and allegedly defrauded her out of more than €260,000 in 2012-2015.
Counsel said Mr O’Brien charged Ms Fitzpatrick significant amounts of money for works at her house, sold her VW Beetle without her permission, and received various purported loans from her. In one incident Ms Fitzpatrick agreed to “go halves” and purchase a house with Mr O’Brien, after he said he’d move in with her, counsel submitted.
Ms Horan said Mr O’Brien fled to Australia while he was awaiting trial on charges arising from the alleged fraud. Ms Fitzpatrick later died from a heart attack, counsel said.
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Funds from the alleged romance fraud were transferred to a bank account in Mr Humphreys’s wife’s name, and were used directly to fund Mr Humphreys’s purchase of the house in Youghal in 2015, counsel submitted.
Ms Horan said that Mr Humphreys has rented out the property, charging a monthly rent of €550, and therefore profits from the property, allegedly purchased using the proceeds of crime.
In 2018 Mr Humphreys travelled to Australia, where he was involved in fraud-related crime, counsel said.
Mr Humphreys was arrested for the crimes – which involved carrying out “bogus” works at individuals’ properties – but fled before he could be tried. In his absence he was convicted of a fraud worth more than AUD$100,000, counsel said.
Mr O’Brien (44), of Ballyspillane, Killarney, was also involved in fraud in Australia and received a 5½ year prison sentence in 2020 for defrauding individuals out of AUS$1.1 million.
Ms Horan said that Mr Humphreys is a British citizen but had resided in Ireland for many years.
Gardaí allege that he is associated with people working in the drug trade in Co Kerry and Co Cork, although he had no drug-related convictions, Ms Horan submitted. She said he has other convictions, including one for robbery and a range of road traffic offences.
Ms Horan said Mr Humphreys does not have a history of gainful employment.
Ms Horan said Mr Humphreys had not denied any of the criminality alleged in the bureau’s case, or his ownership of the house.
Ms Horan said it was accepted Mr Humphreys received an insurance payout worth about €16,000 in 2014.
Following investigations, she said it was the bureau’s case that, at best, about €5,000 of the payout was put towards the purchase of the house. Ms Horan submitted that Mr Humphreys accepts that only €5,000 of the purchase arose from the insurance payout.
Appearing for Mr Humphreys, barrister Peter Maguire said his client should be entitled to at least one-fifth of the ultimate sale price of the house, given it is accepted that €5,000 of the initial purchase price was sourced legitimately.
Mr Maguire submitted that bank statements from around the time of the purchase show the money he used to pay for the house.
He said the bureau had not established the source of the money used in the purchase.
Mr Maguire said his client’s convictions resembled the record of a petty criminal, and he had some work history.
He said the criminality in Australia referred to occurred some years after the purchase of the house.
Mr Justice Kennedy said he would reflect on the submissions and adjourned the case generally.
