David Drumm seeks more time to file appeal papers in US

Former Anglo Irish Bank chief asks court for extension as he appeals debt write-off ruling

Former Anglo Irish Bank chief executive David Drumm has made an emergency request to a US court seeking more time to file legal papers arguing why it should overturn a ruling blocking a write-off of his debts.

Mr Drumm asked for the deadline to submit his appeal brief, due this week, to the Massachusetts District Court to be put back to April 13th arguing that he should be given the time because he has hired a new lawyer.

The former banker also wants permission from the court to increase the page limit for the brief to 40 pages, or 19,000 words.

"Counsel for the appeal is new to the case and did not participate at the trial level," Mr Drumm said in the emergency motion to the Boston court submitted by his newly recruited attorney. "The record below was voluminous, with over 1,000 pages of testimony and several bankers' boxes of exhibits."

He complained that the documents filed in the case were substantial. “Counsel needs additional time,” he said.

Mr Drumm said there were 10 issues on appeal which “need to be researched legally and supported factually, requiring extra time and more than the allowed 30 pages to adequately address in the brief”.

The Dubliner said that his counsel had discussed the motion with the counsel for his former bank, the State-owned Irish Bank Resolution Corporation, but had not received an answer on whether it will agree to the delay in the filing of Mr Drumm's appeal papers.

Last month Mr Drumm hired Tracy Miner, one of Boston's top white-collar criminal defence lawyers, in his legal attempt to overturn the order of Judge Frank Bailey stopping him walking away from €9 million in debts, almost all of which is due to his former bank.

Failed defence

Ms Miner replaced the two Massachusetts lawyers who led the failed defence of the action taken by the bank and Mr Drumm’s bankruptcy trustee who sought to make him liable for his debts.

In a damning ruling in January, Judge Bailey found that Mr Drumm had systematically transferred assets, property and cash, to his wife Lorraine to hinder, delay and defraud his creditors.

The judge concluded that Mr Drumm was “not remotely credible”, his conduct was “both knowing and fraudulent” and his statements were replete with “outright lies”.

An extradition file was passed via Irish and US diplomatic channels to the US department of justice, which is still examining the matter.

Ms Miner told The Irish Times last month that she was not aware of any extradition proceedings against Mr Drumm but that she would defend him if any arose.

Simon Carswell

Simon Carswell

Simon Carswell is The Irish Times’s Public Affairs Editor and former Washington correspondent

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