Friday 25 July 2014

What the 12 charges mean

Dearbhail McDonald

Published 22/12/2012|05:00

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SEAN FitzPatrick is facing 12 charges under section 197 of the Companies Act 1990.

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Under that section of the act, it is a criminal offence for an officer or employee of a company to knowingly or recklessly make a statement that is misleading, false or deceptive in a material way to an auditor of a company.

It is also an offence to fail to provide the auditor – within two days of the auditor's request – with any information or explanation that is within the knowledge of or can be obtained by the officer/employee.

Such breaches usually come to the attention of an auditor during routine audits, when there is a Revenue settlement or if there is legal action.

If convicted following a jury trial, offenders face a fine of up to €12,697 and/or a maximum sentence of up to five years in prison.

Irish Independent

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