Damages for Italian holiday home fraud victims

Reported by BBC Ireland

20 April 2012 Last updated at 13:03

JusticeThree NI families who bought holiday homes which were never built, have been awarded damages against an Italian lawyer.

Gabriele Giambrone did the conveyancing work on the sale of apartments in Calabria in southern Italy.

The families paid deposits five years ago, but then discovered that the land where the apartments were to be built was earmarked for agriculture.

Mr Giambrone settled the case at the High Court in Belfast on Friday.

Sharon and George Moore won £77,105, Robert Crawford won £64,137, and Joseph and Patricia Plant won £75,600.

Another 12 people from Northern Ireland who bought property in the same development in Calabria are also suing Mr Giambrone.

The lawyer is also facing legal action from another 50 families from Northern Ireland who were sold holiday homes elsewhere in Italy.


MRISG Comment:

  • It appears that one way forward for Victims of MRI Realty International is to sue the lawyers who collaborated with MRI and Developers….  Look out Martinez EnhevarriaEmily Lemoniati and others who conspired with Darragh MacAnthony. It is worthy of notice MacAnthony has now folded most of his international web of MRI companies and is now the Chairman of Peterborough Football Club.
  • Comment on the Private MRISG Members Only Forum: “We will not rest until justice is done.”  The MRISG researchers believe that the whole MRI scam could amount to damages to victims of over 100 million Euros.
  • Despite MacAnthony’s robust denials on his personal blog, MRI Directors, MacAnthony, Pickering, Fernando, Shaw, OCallahan & Liggan have been ordered to appear before a Judge in Marbella this coming week – Read More…

 

Bar association fines lawyer for misconduct

Members of the MRISG will not be surprised by this article as Emily Lomoniati was MacAnthony’s preferred lawyer in Cyprus.  To preserve it for the future the whole article has been copied here for your information. Complete with comments lest Emily Lemoniati has the article and content removed from the web.
Cyprus Mail If you don’t want this kept here e-mail admin.


Cyprus Mail

Published on March 11, 2012  See The Cyprus Mail for the Original Story


THE Cyprus Bar Association (CBA) has this week fined Paphos lawyer Emily Lemoniati €1,000 for misconduct after she failed to register her clients’ 2005 property sales agreement, then waited three years to amend, sign and file a new contract without her clients’ instructions.
Lemoniati’s clients, Scottish expats Andrew and Patricia McClay, complained to police in 2009 but it has taken the CBA’s disciplinary board until now to reach a verdict on the two charges of “showing conduct contrary to the advocates’ profession”.
The first, according to board president and Attorney-general Petros Clerides, was for failing to register the sale agreement for the McClays’ home, dated 25 October 2005.
The second was issued because, on or around 21 October 2008, Lemoniati used a power of attorney given by the McClays without their instruction, to issue a sales agreement of which they were not aware.
Board chairman Doros Ioannides said: “It is clear that the accused lawyer breached her clients’ instructions and breached the code of professional ethics and therefore we find her guilty on the said charge.”

He also said: “It is with great difficulty that we do not impose to Ms Lemoniati the highest sentence, that of the deprivation of her licence to perform her profession and we only impose a monetary fine that of €1,000.”
It is unclear why Lemoniati delayed the registration of the original document.
Andrew McClay, who has since returned home to Scotland, said: “The guilty verdict is out there but the sentence is disappointing. I took her to court because she’d broken the law and forged the property contract… that fine is not really very much is it?”
However, a defiant Lemoniati fiercely denied any wrongdoing, adding that that the McClays suffered no loss and that she was acting in her clients’ interests all along by using her power of attorney.
She told the Sunday Mail: “I simply don’t care (about the judgement) because I didn’t steal money or do anything unethical. I registered the contract with a slight delay…of a few months… only to safeguard my client.”
Her vehement denial also seems to have alarmed the board.
Ioannides wrote in the board’s meeting minutes: “It is with great surprise that we have noticed that what Ms Lemoniati stated, does not constitute mitigation or any other apology towards the Disciplinary Board but rather stigmatises the persons who made the complaint and which in any case, the Disciplinary Board found her guilty.”
He added: “What the Disciplinary Board expected from Ms Lemoniati, was at least to apologise to the complainants.”
Instead, Lemoniati said she would now appeal the board’s “unfair” decision and sue McClay for defamation, after he allegedly commented about her on a website based in the north.
McClay denied ever commenting on such a website about Lemoniati.
It is not the intention of Mr McClay to get justice.” Lemoniati said: “He just wanted to make a problem for me… He made comments on a north Cyprus website mocking me because I could not come (to a disciplinary board hearing) when I was pregnant… where is the respect?
Her name now appears on several websites, such as: www.ripoffreport.com, whatswrongwithcyprus.eucy.info, bewarepaschalicyprus.com/ and several chat forums, where details of her previous conviction, imprisonment and subsequent presidential pardon for driving offences can be found.
Moreover, she claimed to have more than 15 people ready to testify against McClay: “This is ridiculous, this person is insane. Maybe he has a personal issue with me. He does not care about his wife… he has a mania about Emily Lemoniati, every morning he wakes up and his intention is Emily Lemoniati.”
I will chase him until the day he dies… no matter what. I’m going to make his life a nightmare.
Asked if he would continue to pursue Lemoniati, McClay said: “I don’t think so. It seems like a complete waste of time and money and there’s nothing to be gained. It’s just more grief and hassle that we don’t need.”
“The guilty verdict is out there” he added.

Read more

“What Fraud?” MacAnthony Asks!

Many on the MRISG Forum ask the question and make allegations against Darragh MacAnthony and his former Directors and Sales Staff?  However, Dominic Pickering and Darragh MacAnthony appear to insist that the fraudsters are the MRISG members.   One part of the MacAnthony Scam will be heard in a Spanish court on January 25th 2012 members wonder what he will say about that.

In the UK the legislation about Fraud is very clear covered by the Fraud Act 2006.  However, other countries have their own legislation…. which normally amounts to the same but under differing legislation and wording.

FraudConsider the facts and Judge for yourself:

MacAnthony Realty International web of companies were set up in Spain then the UK, Ireland, Bulgaria, Cyprus,  USA etc.. This would suggest a well established and expanding international company with branches all over the world all being in turn controlled by a central company in Luxembourg.  This would not be at all unusual for a large and expanding corporation but at the end of the trail you would expect to find a responsible management company run by independent professional directors and shareholders who take responsibility and control of those other subsidiaries and not the very same directors of those subsidiaries….  With MRI unfortunately the trail goes cold at this point and it then appears, with 20:20 hind sight, that the whole set-up was to filter cash away from the other, apparently legitimate companies, to another country and directly into the pockets of the directors and shareholder/s side stepping the tax authorities in each country.

MRISG

MRISG

In what has been described by MRISG Members as the largest property scam uncovered in years, they have found is that the very network of companies, dubious deals, false advertising, boiler room sales teams and sales team lies and miss-representations has protected Darragh MacAnthony  from prosecution by authorities in every country.  Weather by design or by accident it worked well by the deceptions taking place in one country, the contracts are with companies in another and the money is transferred to a third company in yet another country.  The last and possibly the best twist to the scam is MRI employed, apparently legitimate, Lawyers like Martinez-Echevarria and Emily Lemoniati to act for their Victims/Clients (some would insist they were just victims).  The evidence has later emerged that these lawyers did not act in the best interests of their clients and would appear to have been simply an intricate and complicit part of the whole MacAnthony Scam from the beginning.  Although they can all post their views below if they think this not to be the case.

Serious Fraud Office LondonThe Serious Fraud Office in the UK have, despite Darragh MacAnthony’s and Dominic Pickering’s protestations, investigated their web of companies and found that the very jurisdictional advantages used by international fraudsters had been exploited to the full by MRI to avoid prosecution:  No single country has the specific jurisdiction for any specific fraud because different parts of the scam were carried out in different countries and monies ‘laundered‘ through other countries.

 

Adam Tudor - Carter-Ruck Solicitors London

The lawyers Carter-Ruck and in particular Adam Tudor and Isabel Hudson were also very effectively used to, quite legally, threaten and frighten anyone who dared to publicly speak out about the scam thereby keeping the majority of the public ignorant of the wider scam of the MacAnthony group of companies from as early as 2007 or 2008.  As a result numerous websites were attacked by Carter-Ruck who used the ludicrous UK Libel Laws to either shut them down or force them to remove negative, but probably truthful, allegations against their clients, MacAnthony Realty International.   However, you read this now due to the efforts of a US based team of IT experts who consider this sort of censorship as aberrant and a breach of every person’s right to freedom of speech.

What is more frightening is that all the law firms involved in this scam continue to operate as, apparently legitimate and trustworthy outfits.  Every one of them has a responsibly to the law in their own country but failed due to greed, stupidity or intentional criminality to allow MacAnthony and his directors to pull off his scams.  Those lawyers need to look closely at the moral arguments, issues and not just fall back on their very fat wallets.  Will we see any of them struck off…. Don’t hold your breath they are above the law in virtually every country because they consider themselves to be the law and anyone saying otherwise will be censured.

Leave a CommentIt would be nice to see some comments in defence of MacAnthony, Carter-Ruck and others but the MRISG doubt that any would be forthcoming.  If you have any reasonable explanation for the web of companies set up and controlled by Darragh MacAnthony please speak up because our Lawyers and Law Enforcement Officers have no other explanation.