Interpol in South Korea and Liechtenstein contact Limerick gardai to investigate €40k fraud

INTERPOL in Liechtenstein and South Korea contacted local gardai over two “suspicious” bank accounts used to launder almost €40,000 obtained fraudulently, Limerick Criminal Circuit Court head.

Judge Colin Daly described the accused - Alan Kelly, aged 30, of Erinagh, Clonlara, County Clare as a “low-level money mule” in a crime with a "significant international dimension”. Mr Kelly pleaded guilty to two money laundering offences at a sentencing hearing.

Prosecuting barrister John O’Sullivan, instructed by State solicitor Padraig Mawe, outlined the evidence with the assistance of Sergeant Fiona O’Connell.

Mr O’Sullivan said gardai received information from Interpol in Seoul, South Korea and Liechtenstein regarding two bank accounts in Limerick that were a source of suspicion.

Sgt O’Connell said on March 22, 2021, fraudulent emails were sent to a company in Korea purporting to be from a customer of theirs in France. 

“The email requested that the bank details on the Korean company’s records were changed from a French bank account to a Bank of Ireland account in Dooradoyle. As a result, a sum of €27,421.04 was fraudulently transferred to a Bank of Ireland account held in the name of the accused,” said Sgt O’Connell.

A sum of €9,820.14 was transferred from the Bank of Ireland account to an account in Germany on the following day, she said. A number of days later, €6,900 was transferred to the same account in Germany and other sums transferred to Revolut and Wise accounts until there was “no money left” in the Bank of Ireland account.

Sgt O’Connell said in April of 2021, the manager of a Liechtenstein-based company had an email account compromised by an unknown person. 

“A payment order was subsequently sent of a fraudulent transfer of €10,100 from a UK bank account to an AIB account on the Ennis Road held in the name of the accused,” said Sgt O’Connell.

The court heard that AIB subsequently froze the account and recovered €6,074.60.

Sgt O’Connell said when gardai were contacted by Interpol, she commenced an investigation, obtained court orders and financial material was uplifted.

Mr Kelly was subsequently arrested on suspicion of money laundering. Sgt O’Connell said Mr Kelly accepted, during garda interviews, that both accounts were held solely in his name.

“Ultimately he couldn't account for the transactions,” said Sgt O’Connell.

The court heard Mr Kelly has 36 previous convictions including possession of drugs, threat to kill, production of an article, blackmail / extortion and road traffic.

Eimear Carey BL, who represented Mr Kelly, said in mitigation that there was no evidence her client is a member of a criminal organisation.

“At the time Mr Kelly was addicted to cocaine and xanax. He was a functioning addict in the sense that he was working as a blocklayer, painter, all sorts. He made a very grave error of judgement to allow his accounts to be used for a small nominal fee. 

“He didn’t know what the accounts would be used for but he was reckless in that regard,” said Ms Carey, who handed in a letter to show there is a job opportunity when he leaves prison. The barrister also gave Judge Colin Daly a letter penned by Mr Kelly expressing his remorse and giving an explanation how he landed himself in this situation.

Ms Carey said Mr Kelly is two years drug-free, is in a supportive relationship and has two young children.

She said he didn’t benefit financially from the money that passed through his accounts and was a “money mule”.

Ms Carey asked the judge to take into account her client’s guilty plea which avoided a “complicated trial” due to the international dimension and the attendance of witnesses from Germany, Korea, Liechtenstein.

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Judge Daly, in passing sentence, said Mr Kelly allowed his two bank accounts to be used for money laundering purposes.

“It appears he was paid a nominal amount for allowing his accounts to be used in this regard and appears that he may have been under some pressure due to addiction issues at the time,” said Judge Daly, who described the defendant as a “low-level money mule”

“He knew or should have known he was assisting organised crime. The nature and the scale of this enterprise appears to be a large one with a significant international dimension,” said Judge Daly, who gave particular value to the plea of guilty due to the complex nature of the transactions and the difficulties the State may have had in successfully prosecuting the case.

Judge Daly imposed 18-month jail sentences on each of the money laundering charges to be served concurrently.