☘️Many of you have reached out recently asking what I’m trying to achieve with my posts.☘️
1/
🔹The answer is quite simple.
🔹I share my experiences & what I’ve learned in the hope that others, particularly Irish lay litigants, will look again at their own cases & ask themselves:
Could this be happening to me?
🔎 Business loans, derivatives & hidden credit lines
🔹Was I told I was simply fixing the interest rate on my business loan, when in fact I was being entered into a complex interest rate derivative / swap with risks & liabilities that were never properly explained?
🔹Was a separate credit line created to accommodate the potential liabilities arising from that swap/derivative, without my knowledge or informed consent?
🔹Was that hidden credit line subsequently treated as a separate debt, even though I never applied for it, signed a loan agreement for it or received the funds?
🔹Was the derivative separated from the underlying business loan, with the bank subsequently seeking to enforce liabilities arising from an arrangement I never understood or knowingly agreed to?
🔹Was my business loan called in, or my property revalued, in circumstances that created or accelerated an alleged default?
🏠 Residential mortgages & mortgage overcharging
These are separate issues from derivatives, but they raise equally important questions.
🔹Was I overcharged interest on my mortgage & have I ever received a proper explanation of how the interest was calculated?
🔹Was I entitled to a tracker mortgage rate that was removed, denied or never properly applied from the outset?
🔹Were increases in my standard variable rate consistent with the terms of my mortgage agreement?
🔹Were incorrect interest rates applied over a number of years, resulting in arrears or an outstanding balance that may not be accurate?
🔹Have I ever independently checked whether the mortgage balance being claimed against me reconciles with the original agreement, interest rates, repayments & account statements?
🔹Did I ever actually sign the mortgage agreement, the loan or restructuring documentation now being relied upon by a bank or credit servicer to enforce the debt?
⚖️ Evidence, reports & court proceedings
And then there are questions that arise across both types of cases.
🔹Did I attend a meeting where important evidence was discussed, only to discover that the subsequent report recorded something entirely different or omitted crucial admissions?
🔹Were important documents overlooked, withheld or inaccurately represented during litigation?
🔹Did the evidence presented to the court accurately reflect the underlying financial transactions & contractual documents?
🔹Were my instructions to my legal representatives actually followed?
These are the kinds of questions I want people to ask themselves.
Yes, I repeat certain points. Deliberately.
Someone reading a post today for the first time may be the very person who needs that information most.
🤝 Trust and consent
🔹I’m very fortunate that so many people trust me with their experiences, including lay litigants, legal professionals and others who have encountered difficulties within our courts.
🔹Some of what has been shared with me is quite extraordinary.
🔹I don’t take that trust lightly. I respect confidentiality & only share case particulars with consent or where I am otherwise entitled to discuss publicly available material I’ve examined myself.
Why am I doing this?
🔹Because I’ve encountered far too many people who have spent thousands of euro on successive legal teams, only to discover that their instructions weren’t followed, important documents weren’t examined or fundamental questions were never asked.
🔹Some have lost their businesses, homes, livelihoods & years of their lives.
🔹Others are still defending proceedings arising from financial arrangements whose contractual foundations deserve far greater scrutiny.
Quinn had an option to crystallise and contain his CFD losses.
Instead I believe Drumm et al were under orders from regulator and to satisfy other commercial interests - to reassure Quinn re possible recovery of share price - despite the obvious fraudulent accounts over years.
Any options available to Quinn were subordinated to the wishes of the regulator and other powerful interests, some of whom had been complaining to said regulator about the disruptive force of Quinn Insurance.
This is what led to the transfer of the additional risks and liabilities onto Quinn family members and businesses.
Defective discovery in Irish courts facilitated this debacle, which current AG rightly referred to as Ireland’s greatest corporate scandal. It is also a legal and judicial scandal.
It would be edifying to read the original CFD confirmations, margin statements, close-out provisions, counterparty hedging records, Anglo credit approvals and the March–July 2008 restructuring documents.
Those records would help distinguish losses Quinn had already incurred through his own investment decisions from additional liabilities arising through the bank-led restructuring.
That distinction is fundamental to assessing both the transactions and the subsequent litigation.
The missing eleven appendices that vanished from Anglo/IBRC into the regulator - without the bank retaining copies - brings this to a level of farce that is beyond comprehension.
Quinn had an option to crystallise and contain his CFD losses.
Instead I believe Drumm et al were under orders from regulator and to satisfy other commercial interests - to reassure Quinn re possible recovery of share price - despite the obvious fraudulent accounts over years.
Any options available to Quinn were subordinated to the wishes of the regulator and other powerful interests, some of whom had been complaining to said regulator about the disruptive force of Quinn Insurance.
This is what led to the transfer of the additional risks and liabilities onto Quinn family members and businesses.
Defective discovery in Irish courts facilitated this debacle, which current AG rightly referred to as Ireland’s greatest corporate scandal. It is also a legal and judicial scandal.
It would be edifying to read the original CFD confirmations, margin statements, close-out provisions, counterparty hedging records, Anglo credit approvals and the March–July 2008 restructuring documents.
Those records would help distinguish losses Quinn had already incurred through his own investment decisions from additional liabilities arising through the bank-led restructuring.
That distinction is fundamental to assessing both the transactions and the subsequent litigation.
The missing eleven appendices that vanished from Anglo/IBRC into the regulator - without the bank retaining copies - brings this to a level of farce that is beyond comprehension.
☘️Quinn / Anglo / Banking & Other Misconduct ☘️
“We are not going to screw him AGAIN.”
“Patricia, I won’t let these boys f*ck you over AGAIN.”
Two extraordinary remarks are allegedly attributed to John McCartin in secretly recorded discussions concerning the former Quinn businesses.
AGAIN?
Who were “we”?
Who were “these boys”?
And what had happened previously?
🔹McCartin was no ordinary participant.
🔹He was a @FineGael councillor, former Cathaoirleach of Leitrim County Council, son of a former Fine Gael TD and MEP, chairman of Quinn Business Retention Company (QBRC) and a director of Quinn Industrial Holdings.
The @IrishTimes reported that Sean Quinn initially regarded McCartin as a route to Taoiseach Enda Kenny (?) and Finance Minister Michael Noonan (?).
In December 2014, three American distressed-debt investors:
Brigade Capital,
Contrarian Capital and
Silver Point Capital
- acquired 78% of the former Quinn businesses.
🔹Local shareholders, including McCartin and other businessmen and former Quinn executives, received the remaining 22%, reportedly without contributing their own equity capital.
🔹Quinn maintains that there was an understanding that ownership would ultimately return to his family. That understanding was subsequently disputed.
🔹The Irish News reported the existence of the secret recording in October 2019.
🔹More recently, excerpts have emerged through The Quinn Files podcast.
🔹What political representations were made?
🔹What interests were declared?
🔹What did the American investors understand about the intended ownership arrangements?
🔹And why did individuals involved in efforts to restore Quinn’s businesses ultimately become shareholders themselves?
🔹Most importantly, what did Mr McCartin know that prompted repeated references to the Quinn family being wronged “again”?
🔹These recordings deserve to be examined alongside the acquisition documents, shareholder agreements, creditor arrangements and political correspondence.
🔹The Irish public has never been given a complete account of how the Quinn family lost control of its businesses, how their ownership subsequently changed, and who ultimately benefited.
🔹Answers are sadly lacking in court judgments.
🔹The word “again” demands an explanation.
🔹So does the money trail.
@kenoflynnTD@JMcGuinnessTD@MaryLouMcDonald@PearseDoherty@Farrell_Mairead@Wftproof@OireachtasNews@ArturNadol7566@jameshurley@Ian_Fraser@andyverity
Na 2008 verlaagde (manipuleerde) de ECB de rente naar historisch lage niveaus om banken en financiële markten te stabiliseren.
Voor levensverzekeraars met langlopende garanties betekende dat echter dat de berekende waarde van hun verplichtingen explosief toenam.
Conservatrix had geen bankrun en geen acute liquiditeitscrisis. Toch kwam de onderneming steeds verder onder druk doordat toezichthouders verplichtingen tegen steeds lagere marktrentes waardeerden. Wat vroeger een langetermijnrisico was, werd een onmiddellijk solvabiliteitsprobleem.
DNB speelde hierin een actieve rol. Onder Klaas Knot, afkomstig uit de wereld van pensioen- en verzekeringstoezicht (PVK), was DNB een voorstander van marktwaardering, rentegevoelige balanssturing en het FTK.
Pensioenfondsen en verzekeraars werden daarmee steeds meer onderdeel van hetzelfde systeem van financiële stabiliteit dat na 2008 rond banken en centrale banken werd opgebouwd.
De échte vraag is daarom:
was Conservatrix werkelijk insolvent, of werd zij getroffen door een stelsel waarin centrale banken de rente kunstmatig laag hielden terwijl toezichthouders verzekeraars verplichtten hun langetermijnverplichtingen tegen diezelfde extreem lage rente te waarderen?
De lage rente werd eerst ingezet om het financiële stelsel te stabiliseren. Vervolgens werd diezelfde lage rente gebruikt om vast te stellen dat verzekeraars onvoldoende kapitaal hadden.
Lees Worst Bank Scenario.
https://t.co/163nS50QYE
🔹The reported $18–20 million payment by Weil Gotshal was exceptionally large when it occurred in May 2026.
🔹Even more unusual was the reported speed: just three days.
🔹According to The Insurer, the payment was substantially above the $1–8 million demands historically associated with the Luna Moth extortion group.
🔹The publication also reported that the three-day resolution was atypical for a payment of that magnitude involving cyber insurers.
🔹 One of the more intriguing connections arising from the reported upheaval at Weil, Gotshal & Manges concerns Michael Aiello, the senior corporate partner who departed for Cravath in September 2026.
🔹Aiello was not simply a longstanding partner at Weil. In March 2009, he was among the lawyers advising American International Group (AIG) on its government-supported restructuring following the 2008 financial crisis.
🔹He was also identified as Weil’s representative on AIG’s global restructuring steering group, which oversaw strategic matters including the disposal of businesses.
🔹At the same time, Weil was acting for Lehman Brothers in its historic bankruptcy proceedings and advising AIG on the restructuring of its enormous derivatives exposures.
🔹Both institutions operated in financial markets directly relevant to the collapse of Anglo Irish Bank and the circumstances surrounding Sean Quinn’s contracts for difference.
🔹There is another connection worth examining.
🔹Quinn Insurance was a significant competitor of AIG, particularly in the UK solicitors’ professional indemnity market.
🔹In October 2008, contemporary insurance-industry reporting identified Quinn and AIG as two of the principal beneficiaries of that year’s renewal season.
🔹Quinn’s aggressive pricing and rapid expansion had made it a disruptive force in established insurance markets.
🔹Quinn Insurance entered administration in March 2010. Its general insurance operations were subsequently acquired by a Liberty Mutual-led joint venture involving Anglo Irish Bank.
🔹Meanwhile, the former Quinn Healthcare business, which originated in Quinn Group’s acquisition of BUPA Ireland, eventually became Laya Healthcare.
🔹In 2015, AIG acquired Laya, bringing a former Quinn Group insurance business into the ownership of the American insurance giant.
🔹The chronology therefore raises some interesting questions.
🔹AIG was receiving extraordinary government support while competing with Quinn in specialist insurance markets.
🔹Weil was advising AIG at the highest levels of its restructuring. Weil also represented Lehman Brothers, one of the financial institutions involved in Sean Quinn’s substantial Anglo share-related CFD exposures.
🔹Quinn subsequently lost control of his insurance businesses, and AIG eventually acquired one of the businesses that had formed part of his group.
🔹Now, in 2026, Aiello has departed Weil amid reports of a substantial cyber-extortion payment and wider instability at the firm. CVs of Weil staff have flooded the market- unusual.
🔹None of this establishes that Weil, AIG or Aiello participated in any improper arrangement concerning Quinn Insurance.
🔹Nor is there evidence that the reported cyberattack involved Quinn-related documents. Weil has not been identified as an adviser on AIG’s 2015 acquisition of Laya.
🔹But the overlapping institutions, legal advisers, financial exposures and subsequent changes in ownership warrant a careful examination of the underlying transaction records.
🔹The central question is whether the dismantling of the Quinn Group can be fully explained by its documented financial difficulties and regulatory interventions, or whether there were additional commercial interests, transactions and conflicts that have never been adequately scrutinised.
@Wftproof@ArturNadol7566
Interesting that the law firm which played a central role in resolving some of the largest financial failures (Lehman, Bear Stearns & AIG) of 2008 is now reportedly considering its own wind-down, months after an unusually substantial cyber-extortion incident (after which rapid payments were made to protect client documents).
That juxtaposition warrants scrutiny, without assuming a causal connection.
Also interesting that it represented two of the Quinn “CFD providers” which @PwCIreland appears to have arranged?
@Wftproof@ArturNadol7566@stevemiddi1
Tobias, just to clarify, I do live in Ireland & it is preferable to focus on the substance of the issue rather than assumptions about one another.
A Programme for Government is a political agreement negotiated between parties forming a government. It sets out agreed policy priorities and legislative intentions.
It is not legislation, a constitutional instrument, a referendum or an independent expression of popular consent to every policy it contains.
Nor does it dispense with the need for parliamentary scrutiny, constitutional compliance or democratic accountability.
My view is that President Higgins’ arguments should be addressed on their merits, rather than dismissed on the basis that he no longer holds office. We can agree to differ.
The fundamental question remains whether the Irish people should be directly consulted before a longstanding safeguard governing overseas military deployments is removed.
☘️Please repost ☘️
Neutrality is not protected merely because @MichealMartinTD promises that Ireland will not join NATO.
🔹This is political doublespeak, and former President Michael D. Higgins has identified precisely what is so troubling.
🔹In an extraordinary intervention, he warned that Ireland is “sliding” into military alliances and questioned the honesty of the Government’s presentation of its plans.
🔹His observation deserves national attention:
“People are sliding into things rather than choosing to decide to go into things.”
🔹That is the heart of the matter.
🔹While the Taoiseach reassures the public that Ireland will not join NATO, his Minister for Defence, Helen McEntee, is discussing an EU-led mission in Lebanon with a ‼️peace enforcement‼️component.
🔹Simultaneously, the Government is seeking to remove the requirement for UN authorisation from the Triple Lock.
🔹Peacekeeping is not the same as peace enforcement. And remaining outside NATO is not the same as preserving military neutrality.
🔹Former President Higgins has also asked whether Ireland is going to wait for the European Union to tell us where to become active for peace.
🔹These are profoundly serious questions.
🔹Yet Minister McEntee dismisses concerns surrounding the Triple Lock as rhetoric, insisting that the changes will not affect neutrality.
🔹Who gave this Government a mandate to fundamentally alter the safeguards governing Irish military deployments?
🔹We are entitled to question whether neutrality is being progressively hollowed out while the Government continues to insist that nothing has changed.
🔹The former President’s warning about drifting into arrangements without consciously choosing them should be a wake-up call to every single citizen.
🔹Conflicts of interest must be declared in advance of all debate on these vital matters.
🔹Ireland’s military neutrality is not a technical inconvenience to be legislated around.
🔹It is a matter of national sovereignty, democratic accountability and the lives of our men and indeed women who may be sent into conflict in our name.
🔹If the Government believes that these changes are necessary, let it make its case openly and honestly to the Irish people.
🔹We demand a referendum to constitutionally protect Irish military neutrality.
🔹No more political doublespeak. No more incremental erosion of safeguards. No more presenting fundamental changes as though they are inconsequential.
🔹A Government elected to represent the Irish people must not presume to make decisions of this magnitude without giving them a direct say.
‼️Our neutrality.
Our Defence Forces.
Our country.
Our decision.‼️
🇮🇪 Let the people vote☘️
@irishexaminer@SimonHarrisTD@TomClonan@SamanthaLaDuc@ArturNadol7566@MaryLouMcDonald@PearseDoherty@paddycosgrave@JohnEdwardLee
‼️ 🔔 ‼️A Sunday evening on a bank holiday weekend. ‼️
What extraordinary timing, @HMcEntee
I have a sick feeling in the pit of my stomach writing this.
☘️☘️Please share. ☘️☘️
‼️While much of the country is enjoying the long weekend, McEntee is floating the prospect of Irish troops participating in peace enforcement under an EU-led mission in Lebanon, while pressing ahead with plans to dismantle the UN authorisation safeguard in Ireland’s Triple Lock.
‼️And apparently, we are supposed to accept her assertion that Irish troops are already engaged in peace enforcement.
‼️Really, Minister? Where precisely?
‼️UNIFIL is a UN peacekeeping mission. The UN expressly distinguishes robust peacekeeping from peace enforcement, which can involve coercive military action without the consent of the parties.
‼️Which Irish units are currently conducting peace enforcement?
‼️Under what legal mandate?
‼️Against whom?
‼️And why is this message with such profound implications for Irish neutrality being advanced on a Sunday evening of a bank holiday weekend?
‼️The timing is remarkable. The terminology & vagueness is troubling.
‼️This should alarm every Irish citizen, regardless of political allegiance.
‼️Speak up. Challenge your TDs. Demand a full public debate and unequivocal answers. Irish neutrality belongs to the Irish people & the Irish people must not be presented with a fait accompli.
📢 Whistleblower Summit | UK Parliament | Monday 2nd November, 2pm–5pm
The APPG on Investment Fraud and Fairer Financial Services invites you to register your interest for a complimentary place at a special event in Parliament on the vital role whistleblowers play in society, and the need to protect them from retaliation.
The summit is dedicated to the memory of whistleblower Simon Andriesz, who took his own life after reporting retaliation by his former employer. His case featured on BBC File on 4 Investigates.
Simon had pleaded with the FCA for help, explaining that he and his family “were in crisis.”
His death has led whistleblowers around the world to unite in condemning the regulator. As far as we know, this is the first time whistleblowers worldwide have spoken out together on behalf of a fellow whistleblower.
Baroness Kramer has also spoken about Simon’s death in the Lords, and the case has received widespread media coverage.
🤝 Show your support for whistleblowers by attending.
👉 Register your interest for a free place: https://t.co/ci68PMQoKM
🎧 BBC File on 4: https://t.co/gigpqp5xtE
📰 Press coverage: https://t.co/NMCGvwHflK
#Whistleblowers #WhistleblowerProtection #UKParliament #FCA #APPGIFFFS #SimonAndriesz
@appgonifandffs@WhistleUK@VigjilencaAbazi@CompassnInCare@psst_org@susanpjhawley@TransparencyUK@SafecallGB@stevemiddi1@Carlier_J87@johnmcdonnellMP@natalieben@J_Robertson_UK@MLorrM@Wftproof@WarmingtonRjw@ArturNadol7566@IanByrneMP@SueFlood52
By May 2008, Lehman was temporarily removing approximately $50.4 billion of securities from its reported balance sheet. Sound familiar?
And within days of the reporting date, it would reverse the arrangement.
These amounts were transaction balances, not necessarily realised losses. Their significance was the misleading presentation of Lehman's financial position.
All very odd for a law firm that brought in USD2 billion last year👇
🔹 Potential exposure?
What is established?
🔹Office leases:
Substantial commitments reported
🔹Pension obligations:
Specifically identified by @FT
🔹Partner departures:
Confirmed at 50 & will threaten future earnings
🔹May 26 Cyberattack
Confirmed with financial consequences unclear after paying demand payment of circa USD20MM
🔹Professional negligence claims:
No material aggregate exposure established
🔹Historic financial-crisis litigation:
No evidence yet of an anticipated liability provision
Meanwhile - Resumes are flooding the market….
@Wftproof@ArturNadol7566
Interesting that the law firm which played a central role in resolving some of the largest financial failures (Lehman, Bear Stearns & AIG) of 2008 is now reportedly considering its own wind-down, months after an unusually substantial cyber-extortion incident (after which rapid payments were made to protect client documents).
That juxtaposition warrants scrutiny, without assuming a causal connection.
Also interesting that it represented two of the Quinn “CFD providers” which @PwCIreland appears to have arranged?
@Wftproof@ArturNadol7566@stevemiddi1
Breaking news: Weil, Gotshal & Manges has tapped restructuring specialists to assess options including a possible wind-down, as the crisis deepens at one of America’s largest and most prestigious law firm https://t.co/FockcOfwEq
The systemic implications of unenforceable derivative liabilities separated from underlying loans
🔹If banks have continued to record derivative liabilities against borrowers after the associated loans were repaid, sold, restructured or otherwise separated from the derivatives, and those derivative claims are legally unenforceable, the implications could extend far beyond individual instances of fraudulent sales of derivatives.
🔹The critical issue is whether banks and subsequent holders of those claims have continued to recognise financial assets, income or recoveries that they had no enforceable legal entitlement to receive.
🔹There is an important distinction: separating a swap from its loan, or extending its maturity, does not automatically invalidate the swap.
🔹While a derivative can be a legally independent contract, where any extension lacked contractual authority, required consent was absent, or the derivative was otherwise invalid or unenforceable, the accounting consequences could be substantial.
🔹I have seen evidence of this in examined files. No valid contract. No associated loan. Just an asset to record without any corresponding liability.
🔹 The wider implications for the integrity of financial reporting should not be underestimated.
@Wftproof@ArturNadol7566
Kit, surely you can see the extraordinary contradiction in your argument?
You are suggesting that we should rely on the Oireachtas to safeguard Irish neutrality when the very parliamentary majority in question has voted to advance legislation removing one of its principal safeguards.
How is that reassuring?
The UN authorisation requirement exists precisely because domestic political approval and independent international authorisation are not the same thing.
You suggest that requiring Oireachtas approval for deployments exceeding 50 personnel will prevent any gradual slide into military commitments.
But what protection does a parliamentary vote provide against a Government that already commands the majority necessary to secure that approval?
And what of deployments below that threshold?
You also acknowledge that you do not understand Minister McEntee’s comments about peace enforcement. Yet you are prepared to entrust future decisions to the same political process.
Former President Michael D. Higgins warned about drifting into military arrangements rather than consciously choosing them.
Isn’t that precisely the risk when an independent safeguard is removed and replaced with political discretion?
‼️And if these safeguards are as robust as you suggest, why should the Government object to asking the Irish people in a referendum for clarity‼️
I would genuinely welcome your answer to that last question.
More support for my thesis:
RECESSION INTO ALL TIME HIGHS ™️
Microsoft offers buyout packages to roughly 60,000 employees—about 27% of its workforce.
Before you think unemployment rate spikes, remember the lag time involved.
And how these kinds of policies replace layoffs…
Kit, thanks for clarification on your identity & we must assume no conflicts.
I suggest the distinction you are overlooking is between formally joining a military alliance and progressively dismantling the safeguards governing Ireland’s participation in military operations.
Article 29.4.9° protects against the adoption of an EU common defence including Ireland.
It does not constitutionally entrench the Triple Lock or prevent successive governments from substantially altering the circumstances in which Irish troops can be deployed abroad.
Indeed, that is precisely what concerns me.
Minister McEntee is discussing Irish participation in an EU-led mission in Lebanon with a peace enforcement component, while the Government seeks to remove the UN authorisation requirement from the Triple Lock.
Neither requires Ireland to join NATO or formally adopt an EU common defence.
That is why Micheál Martin’s repeated assurances about NATO membership do not answer the concern.
The Crotty judgment is an important constitutional safeguard, but it is not a blanket prohibition on every incremental development in European defence cooperation.
Former President Michael D. Higgins has warned about precisely this danger of “sliding into military arrangements” rather than consciously deciding to enter them.
So, may I ask you a few questions?
If neutrality is adequately protected, precisely why is the Government seeking to remove the requirement for UN authorisation before deploying Irish troops overseas?
Do you accept that peace enforcement is materially different from traditional peacekeeping, particularly where coercive military action may occur without the consent of the parties?
What constitutional provision would prevent an Irish government from participating in increasingly coercive EU military operations, without joining a formal military alliance?
If Article 29.4.9° and Crotty provide the comprehensive protection you suggest, why then is that not a prevention of the proposed removal of the UN safeguard?
And, perhaps most importantly, at what point would you consider Ireland’s military neutrality to have been sufficiently altered that the Irish people should be consulted directly?
Because surely the test of whether neutrality has been preserved cannot simply be whether Ireland has formally joined NATO.
Would you agree that the Irish people should be entitled to decide what neutrality means and how it is protected, before successive governments redefine it beyond recognition?
☘️Quinn / Anglo ☘️
🔹Patricia, a €121 MILLION judgment, a personal guarantee and a Cypriot company.
🔹The more extraordinary this all becomes…..
🔹October 2008, Anglo advanced approximately €102 million to a Cypriot company, Morboneto Holdings Ltd, principally to refinance borrowing in Patricia’s name.
🔹She apparently provided a personal guarantee and indemnity in respect of that company’s liabilities.
🔹10 years later, in November 2018, IBRC obtained a judgment against her for approximately €121 million, including interest.
🔹Now consider the wider circumstances.
🔹The Quinn family maintained that they had not even known they owned the relevant Cypriot companies until Sept 2010, raising questions that ought to trouble anyone concerned with banking, corporate governance and the administration of justice.
🔹Who established these companies?
🔹Who instructed the incorporation agents and lawyers?
🔹Who identified and verified their beneficial owners?
🔹Who authorised the borrowing?
🔹Who drafted the guarantees and indemnities?
🔹What independent legal advice did Patricia Quinn receive before assuming such an extraordinary personal liability?
‼️NONE‼️
🔹And what did Anglo’s own legal advisers understand about the corporate arrangements they were documenting?
🔹We are talking about transactions undertaken against the background of Seán Quinn’s enormous CFD exposure to Anglo, a bank whose financial reporting, governance and share-support arrangements subsequently became the subject of profound controversy and criminal proceedings.
🔹We also know that members of the Quinn family raised serious disputes about the execution and assembly of certain banking documents.
🔹Those allegations must be distinguished from established findings, but they reinforce the importance of examining the original documents, instructions, signature pages and professional advice rather than treating the resulting liabilities as self-explanatory.
🔹In 2018, the application for judgment against Patricia Quinn was unopposed. That is an important procedural fact. It does not mean that every question about the origins, documentation and commercial purpose of the guarantee was resolved following a fully contested trial.
🔹What I find so difficult to comprehend, looking back, is the extraordinary imbalance in scrutiny.
🔹The public was repeatedly invited to consider the recklessness of the Quinn family and the cost of pursuing them.
🔹Yet where was the equivalent sustained examination of the bank’s directors, the internal and external lawyers, the corporate-service providers, the auditors and the regulator whose decisions and advice formed the architecture of these transactions?
🔹A housewife facing a €121 million judgment on a personal guarantee for a Cypriot company’s borrowing should surely prompt an exhaustive examination of how that liability was created, explained, authorised and enforced.
🔹Why is the institutional side of the transaction not receiving the same scrutiny as the individuals pursued for the money?
🔹The Supreme Court recorded the family’s extraordinary assertion about their lack of knowledge of the Cypriot companies years before the judgment against Patricia Quinn.
🔹How did we reach a point where enforcing these enormous liabilities became the dominant story, while fundamental questions about who constructed the arrangements, who understood them and who was protecting whose interests remained so conspicuously underexamined?
🔹And a small word to those who keep approaching me, apparently determined to convince me how dreadful Seán Quinn and his family are: I’ve heard the case for the prosecution. Repeatedly. You can give it a rest now.
🔹I’m rather more interested in the case that does not appear to have ever properly been made against Anglo, the regulator and their intertwined professional gatekeepers. @ArturNadol7566@Wftproof@IrishTimes@Independent_ie@irishexaminer
@KitMurray@MichealMartinTD Yes, but not necessarily for an anonymous “ageing curmudgeon”. If you wish to reassure us all, fire ahead post lifting anonymity & confirmation of no conflicts. Feel free to offer your own counter argument to our former President.