An Ennis solicitor has escaped jail over stealing €149,830 from 11 clients over a five year period “in a robbing Peter to pay Paul’ enterprise.
At Ennis Circuit Court, Judge Gerard Keys imposed a four year suspended jail term on Michelle O’Keeffe (56) of Fionn Oir, Lahinch Rd, Ennis after commenting that “you brought shame on yourself but also on your profession”.
Judge Keys said that Ms O’Keeffe deceived her clients
“and took advantage of the trust that they had in you carrying out their legal transactions”.
Judge Keys said that Ms O’Keeffe “took advantage of her status as a member of the solicitor profession and stole from her clients”.
Judge Keys stated that Ms O’Keeffe’s clients relied on her expertise and trust.
Judge Keys stated that there were exceptional circumstances in the case that allowed him not to jail Ms O’Keeffe.
Judge Keys stated: “it would not be in interests of justice and would not be necessary or desirable to impose an immediate custodial sentence.”
Ms O’Keeffe’s thefts were from clients involved in property deals where she was carrying out the conveyancing work for them.
As a result of a complaint lodged with the Law Society concerning discrepancies in the accounts the Law Society sent in a forensic accountant to examine Ms O’Keeffe’s practice’s books in 2012.
Arising from the Law Society investigation, Ms O’Keeffe was brought before a Solicitors’ Disciplinary Tribunal in October 2013 and on foot of its recommendation, the President of the High Court struck off Ms O’Keeffe as a solicitor in January 2014.
The Law Society’s Compensation Fund recompensed all of Ms O’Keeffe’s clients in 2012 and Ms O’Keeffe has since fully recompensed the Law Society for all of its costs in the case through financial assistance from family members and a partial inheritance.
In relation to one client, Terence Kelly purchased a property in Ennis in 2006 and engaged Ms O’Keeffe to handle the purchase and paid the stamp duty of €20,580 by way of cheque.
However, Mr Kelly was later contacted by Revenue concerning the non-payment of the stamp duty and the Law Society directed that Ms O’Keeffe pay the €20,580 in stamp duty – but she only did this by misappropriating money from another client account.
Judge Keys stated that Ms O’Keeffe has deteriorating physical health and lives an isolated life and avoids leaving her home which he stated is on the verge of being dispossessed.
Judge Keys stated that Ms O’Keeffe was ill-suited to be sole practitioner and as her counsel had stated had engaged in a “robbing Peter to pay Paul exercise”.
Judge Keys stated that facts in Ms O’Keeffe’s favour was her early plea of guilty; no previous convictions; has shown genuine remorse; has fully co-operated and that the victims in the case hold her in high regard and were reluctant to make a complaint to the authorities or provide victim impact evidence.
Judge Keys stated that Ms O’Keeffe has made full restitution and there is little or no risk of re-offending.
Judge Keys stated that Ms O’Keeffe is unemployable.
