The High Court has varied a freezing order made against several parties accused of defrauding well-known French actor, writer and film director Dany Boon out of millions of euros to allow them to pay legal fees.
Earlier this month, lawyers representing Daniel or Dany Boon secured a temporary High Court freezing order preventing Thierry Fialek-Birles, otherwise known as Terry Birles or Thierry Waterford-Mandeville, and several corporate entitles he allegedly either controls or is the ultimate beneficial owner of from reducing their assets below a value of €6 million.
The corporate defendants in the action are South Sea Merchant’s Mariners Ltd Partnership (SSMM), Hibernian Petroleum Limited Partnership, United Irish Estates Limited and Hibernian Yachts Company Limited which are all Irish registered entities, and the Samoa-registered United Far East Oriental Holdings (Samoa) Ltd.
Mr Boon alleges that last year he advanced some €6.7 million to entities linked to Mr Birles, whom it is alleged had represented himself as an “Irish Lord from an ancient family” and an expert lawyer in maritime law.
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Mr Boon claims that in July 2021, based on Mr Birles advice, he invested €4.5 million of his money through SSMM in a scheme with the Irish Central Bank he alleges Mr Birles told him paid 3.25% annual interest that was tax-free.
Mr Boon said he subsequently discovered that no such scheme exists and, despite making several requests, the funds have not been returned to him.
Mr Boon also claims that he advanced a further €2.2 million through SSMM to cover the costs of running the yacht.
Mr Boon’s lawyers acknowledge it is not yet known how much of that sum has been misappropriated.
When the matter returned before the High Court on Thursday, Mr Justice Brian O’Moore said he was prepared to vary the freezing order so lawyers, who are willing to come on record and represent Mr Birles and all of the corporate defendants except SSMM, can be paid.
That entity was not represented in court, and the judge was satisfied that it had been served with documents in the case.
Following an application by Rossa Fanning SC, for Mr Boon, the judge said he was prepared to vary the order to allow the lawyers willing to represent Mr Birles and four of the corporate defendants be paid €50,000 plus VAT.
The Judge agreed with Mr Fanning that a condition of the variations should be that Mr Boon’s lawyers be given details about the source of those funds.
The court also heard that in a recently published media interview, Mr Birles denied the allegations and said he would “challenge the baseless accusations against him”.
The judge fixed for next week the hearing of the application to keep the freezing order in place until the final determination of the dispute.
While it was accepted that was not a very long period for the defendants’ lawyers to prepare, the judge said that given the contents of the media report Mr Birles, who the court heard is somewhere in the Caribbean, was aware of the allegations against him.
The judge said that he was continuing the freezing orders granted last week against Mr Birles and the four defendants that have sought legal representation.
In respect of SSMM, the judge said he was satisfied to make an order keeping the injunction against that company in place until after the full hearing of Mr Boon’s action against it.
Previously, Mr Fanning said his client is the victim of an “elaborate fraud” committed by Mr Birles, who told Mr Boon “lie after lie” about a variety of matters.
Mr Birles had committed the fraud by using a network of companies he had appeared to have established in Ireland and other jurisdictions and is somebody who “goes by several different aliases”, counsel added.
Counsel said that following a recommendation from a mutual associate last year Mr Boon, a keen sailor, engaged Mr Birles, to help provide services for the actor’s yacht ‘Umaren’.
Mr Birles allegedly advised Mr Boon to use the Dublin-registered SSMM, of which he allegedly said he was a partner in. He allegedly said his family established SSMM over a century ago to provide special marine services.
Mr Fanning, with Alison Keirse Bl, instructed by McCann Fitzgeralds solicitors, said Mr Boon advanced over €2.2 million through SSMM to cover the costs of running the yacht.
He claims he was later informed by Mr Birles that SSMM had been taken over by an Italian family called Rossi, and that he was staying on with the firm as an advisor.
When Mr Boon sought his money back from SSMM he was informed by a person purporting to be a member of the Rossi family that the money had been transferred to accounts in South Korea and Panama and would be returned to him in due course.
Despite his requests to SSMM, which Mr Birles later claimed had dispensed with his services, has not returned Mr Boon’s money.
Mr Boon claims his investigation revealed that SSMM was a vehicle of fraud, that the Rossi family who supposedly acquired SSMM does not exist, and that any messages from them were actually from Mr Birles.
In addition, the purported investment scheme with the Irish Central Bank was also not real, Mr Fanning said.