Solicitor Disciplinary Tribunal Decisions

Details for Mary Miley

Name

Mary Miley

Address

Mary Miley & Co, Solicitors, Brewery Place, Rathdrum, Co Wicklow

Date of Order

18/01/2010

Decision

In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT39/09 and High Court record 2010 no 3SA]

Law Society of Ireland (applicant)

Mary Miley (respondent solicitor)

On 16 July 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

1)   Fraudulently obtained loans for her own personal benefit and use totalling, in or about, €570,000 from Secured Property Loans Ltd (SPL),

2)   Fraudulently obtained/fraudulently assisted others to obtain further loans totalling, in or about, €425,000 from SPL,

3)   Fraudulently held herself out as a person entitled to practise as a solicitor when she did not hold a practising certificate,

4)   Dishonestly obtained a loan of, in or about, €220,000 from SPL on foot of a fraudulent loan application, which was made in her married name, Mary Ann Dore, and which contained false information,

5)   Forged or falsified, or permitted to be forged or falsified, employment documentation, namely payslips and P60s, for use in support of the loan application(s) of Mary Ann Dore to SPL,

6)   Dishonestly furnished/permitted to be furnished to SPL forged or false employment documentation in support of the loan application of Mary Ann Dore for €220,000, namely payslips in the name of Mary Dore and a P60 in the name of Mary Dore for the year ended 31 December 2005,

7)   Forged or falsified, or permitted to be forged or falsified, the personal details page of a passport, or a copy thereof, for use in support of the loan application(s) of Mary Ann Dore,

8)   Dishonestly furnished/permitted to be furnished to SPL a copy of a forged or falsified personal details page of a passport in support of the application of Mary Ann Dore for a loan of €220,000,

9)   Forged or falsified, or permitted to be forged or falsified ESB bill(s), or copies thereof, for use in support of the loan application(s) of Mary Ann Dore,

10) Dishonestly furnished/permitted to be furnished to SPL a copy of a forged or false ESB bill in support of the loan application of Mary Ann Dore for a loan of €220,000,

11) Forged or falsified, or permitted to be forged or falsified, AIB Bank statements for use in support of the loan application(s) of Mary Ann Dore,

12) Dishonestly furnished/permitted to be furnished to SPL a forged or falsified AIB Bank Statement in support of the loan application of Mary Ann Dore for a loan of €220,000,

13) Forged or falsified, or permitted to be forged or falsified, a notification of grant of planning permission by Wexford County Council Planning Authority (no 20043915), or a copy thereof, for use in support of a loan application by Mary Ann Dore,

14) Dishonestly furnished/permitted to be furnished to SPL a copy of a forged or falsified notification of grant of planning permission in support of the loan application of Mary Ann Dore for a loan of €220,000,

15) Dishonestly failed to disclose to SPL that she and Mary Ann Dore were one and the same person and deliberately misled SPL and caused SPL to believe that she and Mary Ann Dore were separate individuals by completing/permitting the completion of loan applications in the name of Mary Ann Dore and purportedly acting as solicitor, in the name of Mary Miley, for the said Mary Ann Dore and fraudulently advising SPL that she had provided Mary Ann Dore with independent legal advice,

16) Fraudulently signed a solicitors certificate, which was furnished to SPL dated 7 July 2007, confirming that she had independently advised her client Mary Ann Dore (that is, herself),

17) Dishonestly signed, in the capacity of a witness to the signature of Mary Dore (that is, herself), a letter from Mary Dore to SPL dated 7 July 2006 confirming that Mary Dore had been provided with independent legal advice from Mary Miley with regard to the loan of €220,000 to be provided by SPL, which said letter was furnished to SPL,

18) Failed to comply with an undertaking dated 7 July 2006 given by her to SPL by which she, among other things, undertook to register a first charge in the name of SPL over the property provided as security for the loan of €220,000 to Mary Ann Dore,

19) Fraudulently stated in her undertaking dated 7 July 2006 to SPL that the title to the property offered as security for the loan was good and marketable and might be safely accepted by SPL, in circumstances where she knew that the borrower of the loan (that is, herself) did not have title to the property,

20) Fraudulently undertook to register, by way of security for the loan of €220,000 to Mary Ann Dore, a first charge in the name of SPL over a property at Co Wexford registered under folio 10374F, which said folio did not relate to the property being provided as security for the loan and further dishonestly signed a loan commitment letter issued by SPL to Mary Ann Dore that stated that the borrower, Mary Ann Dore, was the sole owner of a property registered under folio 10374F, knowing that this was untrue,

21) Dishonestly obtained a loan of €350,000 from SPL on foot of a fraudulent loan application, which was made in her married name, Mary Ann Dore, and which contained false information,

22) Dishonestly furnished/permitted to be furnished to SPL a copy of a forged or falsified personal details page of a passport in support of the application of Mary Ann Dore for a loan of €350,000,

23) Dishonestly furnished/permitted to be furnished to SPL forged or false employment documentation in support of the loan application of Mary Ann Dore for €350,000, namely payslips in the name of Mary Dore and two P60 forms in the name of Mary Dore for years ended 31 December 2005 and 31 December 2006,

24) Dishonestly furnished/permitted to be furnished to SPL a copy of a forged or falsified ESB bill in support of the loan application of Mary Ann Dore for a loan of €350,000,

25) Dishonestly furnished/permitted to be furnished to SPL a forged or falsified AIB Bank statement in support of the loan application of Mary Ann Dore for a loan of €350,000,

26) Fraudulently undertook to register, by way of security for the loan of €350,000 to Mary Ann Dore, a first charge in the name of SPL over property being part transferred from folio 20460F, which was registered to a named person, and further dishonestly signed a loan commitment letter issued by SPL to Mary Ann Dore that stated that the borrower, Mary Ann Dore, was sole owner of a property being part transferred from folio 20460F Wexford, knowing that same was not true,

27) Dishonestly signed, in the capacity of a witness to the signature of Mary Dore (that is, herself), a customer care booklet on 1 November 2007 declaring “I/we have not made any false statements to Secured Property Limited or omitted any matters that would affect the granting of a loan to myself/ourselves”, knowing the said declaration to be untrue,

28) Fraudulently furnished a solicitors certificate to SPL dated 1 November 2007 confirming that she had independently advised her client Mary Ann Dore (that is, herself),

29) Dishonestly signed, in the capacity of a witness to the signature of Mary Dore (that is, herself), a letter from Mary Dore to SPL dated 1 November 2007 confirming that Mary Dore had been provided with independent legal advice from Mary Miley with regard to the loan of €350,000 to be provided by SPL, which said letter was furnished to SPL,

30) Dishonestly furnished a solicitors certificate to SPL dated 1 November 2007 confirming that she had independently advised her client Mary Ann Dore (that is, herself),

31) Dishonestly furnished a solicitors certificate to SPL dated 1 November 2007, at which date she did not hold a current practising certificate,

32) Failed to comply with an undertaking dated 1 November 2007 given by her to SPL by which she, among other things, undertook to register a first charge in the name of SPL over a property provided as security for the loan of €350,000 to Mary Ann Dore and further undertook to execute a partial transfer of land from folio 20460F Co Wexford into a newly created Land Registry Folio at her earliest opportunity,

33) Fraudulently gave a solicitors undertaking dated 1 November 2007 when she did not hold a current practising certificate for that year, and which said undertaking stated that she was a solicitor licensed to practise in Ireland and a member of the firm of Mary Miley & Co,

34) Fraudulently obtained/fraudulently assisted in the obtaining of loan moneys of €55,000 from SPL,

35) Caused or permitted an application to be submitted to SPL for a loan in the amount of €55,000 to a named person, which contained false information and was accompanied by a forged or falsified valuation of the property being provided as security for the loan,

36) Failed to comply with an undertaking dated 25 January 2007 given by her to SPL by which she, among other things, undertook to register a first charge in the name of SPL over a property provided as security for the loan of €55,000 to a named person,

37) Fraudulently gave a solicitors undertaking dated 25 January 2007 when she did not hold a current practising certificate for that year and which said undertaking stated that she was a solicitor licensed to practise in Ireland and a member of the firm of Mary Miley & Co,

38) Fraudulently furnished a solicitors certificate to SPL dated 25 January 2007, at which date she did not hold a current practising certificate,

39) Fraudulently obtained/fraudulently assisted in the obtaining of loan moneys of €150,000 from SPL,

40) Caused or permitted an application to be submitted to SPL for a loan in the amount of €150,000 to a named person, which contained false information and was accompanied by a forged or falsified valuation of the property being provided as security for the loan,

41) Failed to comply with an undertaking dated 5 March 2007 given by her to SPL by which she, among other things, undertook to register a second charge in the name of SPL over a property provided as security for the loan of €150,000 to a named person,

42) Fraudulently gave a solicitors undertaking dated 5 March 2007 when she did not hold a current practising certificate for that year and which said undertaking stated that she was a solicitor licensed to practise in Ireland and a member of the firm of Mary Miley & Company,

43) Fraudulently furnished a solicitors certificate to SPL dated 5 March 2007, at which date she did not hold a current practising certificate,

44) Fraudulently obtained/fraudulently assisted in the obtaining of loan moneys of €220,000 from SPL on or about 7 February 2008,

45) Caused or permitted an application to be submitted to SPL for a loan in the amount of €220,000 to a named person, which contained false information,

46) Caused or permitted an application to be submitted to SPL for a loan in the amount of €220,000 to a named person, which was accompanied by a copy of a forged or falsified driving licence,

47) Caused or permitted an application to be submitted to SPL for a loan in the amount of €220,000 to a named person, which was accompanied by forged or false supporting employment documentation, namely a P60 and payslips,

48) Dishonestly gave an undertaking dated 5 February 2008 to SPL stating that the property being provided as security for the loan to her client was at Wicklow Town, Co Wicklow, registered under stated folio number Co Wicklow and undertaking to register a first charge in the name of SPL over same, in circumstances where she knew/ought to have known that the property was not owned by the said client,

49) Fraudulently gave a solicitors undertaking dated 5 February 2008 when she did not hold a current practising certificate for that year and which said undertaking stated that she was a solicitor licensed to practise in Ireland,

50) Dishonestly furnished a solicitors certificate to SPL dated 5 February 2008, at which date she did not hold a current practising certificate,

51) Failed to comply with an undertaking dated 5 February 2008 given by her to SPL by which she undertook, among other things, to register a first charge in the name of SPL over a property provided as security for the loan of €220,000 to a named client,

52) Failed to obtain run-off cover for the years 2007 and 2008, as required by the Professional Indemnity Insurance Regulations 1995 (SI 312/1995), having ceased practice at the end of December 2006.

The tribunal ordered that the matter go forward to the High Court and, on 18 January 2010, the President of the High Court made the following orders:

1)   That the name of the respondent solicitor shall be struck from the Roll of Solicitors,

2)   That the respondent solicitor do make restitution to Secured Property Loans Limited in the amount of €1.25 million,

3)   That the respondent solicitor, within seven days of the making of this order, submit to the Society proposals to the satisfaction of the Society for the orderly disposition of all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor,

4)   That the respondent solicitor disclose on affidavit, within 14 days of the making of this order, what files and documents, including title deeds, are in her possession or control or within her procurement arising from her practice as a solicitor and the current whereabouts, or last known whereabouts, of any specific file or documentation or title deeds notified by the Society to her and, in particular, as detailed in the affidavit on behalf of the Society sworn on 21 December 2009 and filed on 6 January 2010,

5)   That the respondent solicitor make herself available before the court should the Society so require, on a specified date and at a specified time, for oral examination under oath in relation to the contents of any affidavit sworn by her pursuant to the order of the court,

6)   If necessary, an order pursuant to section 8(1)(c)(v) of the 1960 act, as substituted and amended, that the respondent solicitor forthwith deliver up to the Society’s nominee all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor, which files and documents to be dealt with by the Society pursuant to the provisions of section 19 of the Solicitors (Amendment) Act 1960, as amended by substitution by section 27 of the Solicitors (Amendment) Act 1994,

7)   That the respondent solicitor, within 24 hours of the making of this order, surrender her passport to the Registrar of the High Court,

8)   That the Law Society do recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent, to be taxed in default of agreement,

9)   That the Registrar of the High Court do refer the papers in the matter to the Director of Public Prosecutions to enquire into the matters contained therein.