Thomas “Slab” Murphy and his two brothers have agreed to allow the Criminal Assets Bureau hand over to the State some €630,000 seized at the family lands in Co Louth during a joint customs and police cross-border operation two years ago.
the High Court ruled yetserday the money constitited the proceeds of crime.
The High Court was told yesterday that Patrick and Frank Murphy have given their written consent and had obtained verbal consent from their brother Thomas for the money to be forfeit to the Minister for Finance.
The total amount involved is some €630,000, made up of cheques, payment orders and cash seized in March 2006 during the raid of the border farm and business.
Mr Justice Frank Clarke ruled yesterday the money was the proceeds of crime and, on consent of the sides, ordered that the money be handed over to the State.
The court was told a fourth defendant in the case was a company called Ace Oils, which was described as a vehicle set up to facilitate the generation of the monies now declared the proceeds of crime.
James Doherty, for CAB, said Ace Oils was incorporated "solely" for this purpose, was now dissolved and there was no prospect of it being revived. In those circumstances, consent from the company to the agreement for the monies to be given to the State was not an issue as the only person who could now have a claim on its behalf is the Minister for Finance.
Mr Doherty said the agreement on the handover of the monies was part of a "global settlement" dealing not only with these proceedings but also tax matters.
It is understood Patrick and Frank Murphy have reached tax settlements with CAB while Thomas Murphy is due for trial in the Special Criminal Court on charges that that between 1996 and 2004 he failed to deliver tax returns or sources in the proper form of his income, profits or gains.
The searches of the Murphy lands and business were carried out on March 9th, 2006, by CAB assisted by local gardai, customs and Revenue officers, members of the Garda Bureau of Fraud Investigation, the National Bureau of Criminal Investigation and the Special Detective Unit. Simultaneous searches were carried out on the northern side of the border by the PSNI.
In documents provided to the court when CAB first applied to freeze and dispose of the assets found, CAB's then head, Detective Chief Superintendent Felix McKenna said the cash and cheques were found in black plastic bags in a cattle shed owned by Patrick Murphy adjacent to his residence.
Access to the shed was through a gate on a road on the Northern Ireland side of the border which opened out on to a farm complex owned by the Murphys while access from the southern side of the border was through a field registered in the name of Patrick Murphy's wife, Rosemary, he said.
Chief Supt McKenna said CAB had been investigating the Murphys for some considerable time. He alleged Tom, Frank and Patrick Murphy have for the past 20 years been involved in the oil distribution industry and in oil smuggling and money laundering activities.
He also alleged Ace Oils Ltd operated from the Murphy family farm and both the farm and the oil company's yard had buildings in both jurisdictions with the border going through them.
Yesterday, Mr Justice Clarke said he was satisfied to make an order under Section 4 of the Proceeds of Crime Act 1996 on consent of the sides whereby a disposal order could be made transferring the money involved to the State.
On that basis, the proceedings could be struck out with no order was being made on costs, the judge said.
