He is accused of duping clients such as Foster and Allen out of millions. Now heโs offering advice to indebted businesspeople. Is Patrick Russell back to his old tricks
In 2013 Ian McLaughlin, a livestock dealer from Moate, Co Westmeath, was facing a six-figure debt to AIB when an English buyer failed to pay him for sheep stock. With the bank making demands and McLaughlin suffering cash-flow problems, he confided in long-time friend, Felix OโMahoney, a farmer from Co Tipperary. OโMahoney encouraged his friend to engage a specialist negotiator to act on his behalf with the bank. He introduced him to Pat Russell, a former barrister, who was offering expert services to the indebted.
โ [Russell] said he had a man inside the AIB,โ recalls McLaughlin. โHeโd have to give him a few pound. Iโd pay Russell and this man would get it sorted. Heโd give him two grand. So I gave Russell โฌ10,000.โ
After receiving payments totalling โฌ10,000 for โbank settlementโ fees, Russell then proposed that McLaughlin get fresh finance from a UK-based firm called P2P Finance Ltd.
โHe knew I was tight on money at the time and he said he could get finance for me,โ said McLaughlin. โHe said it would be 5% on โฌ400,000 over 10 years. I said Iโd go for it and Russell said the fee would be โฌ6,000. He said the fee would be refundable if the loan didnโt come. I paid the money but then the story from him was that it was coming every day but it never came.โ
In total McLaughlin believes he paid Russell almost โฌ20,000 for bank negotiation services and arrangement fees for a new loan. However, neither the bank settlement nor the new loan ever materialised.
McLaughlin said it was only after he paid money to Russell that he was warned about the former barristerโs colourful past.
Disbarred by the Kingโs Inn in 2012 for โfundamentally dishonest behaviourโ, Russell relocated for a time to Manchester after a series of high-profile cases left his reputation in tatters. Three judgments registered against him between 2009 and 2012, including one from Revenue, shows he owed โฌ504,000.
Russell has strong Republican links and was a prosecution witness in the Catherine Nevin murder case. In the 1990s he was a business associate of Albert Reynolds, the former taoiseach, and Tom McFeely, the former IRA hunger striker-turned-developer.
A decade ago Foster and Allen, the traditional musicians, were among a number of sports and entertainment stars to accuse Russell of fraud for allegedly concocting letters from Revenue to say their tax affairs were in order when in reality they faced multimillion euro bills. The duo were subsequently fined โฌ6m by Revenue for unpaid taxes. Other clients who accused him of alleged wrongdoing were Declan Nerney, the country musician, and Damien McGrane, the golfer.
In 2007 Judge Peter Kelly, now the President of the High Court, said there was little doubt that Russell had perpetrated fraud in acting as a tax consultant for a refrigeration company. Despite referring the barrister to the garda fraud squad, Russell has continued to work as a financial adviser.
The Sunday Times can now reveal how Russellโs latest ventures have left eight businessmen who paid him โฌ200,000 with nothing to show for their money.
In October 2011, Felix OโMahoney was introduced to Russell after he got into difficulty on investment loans secured on his farm with a private finance firm. โI was told Russell could raise the finance. That was the magic bullet for me because I couldnโt raise finance,โ said OโMahoney.
Russell paid OโMahoney to introduce him to other businessmen who needed debt negotiation services. The farmer said he was totally convinced by Russell, so he was happy to drive him to meet other potential clients.
โI made the introductions in good faith but it f***ing sickens me now,โ said OโMahoney.
OโMahoney believed his debt problem would be resolved with a loan from P2P Finance Ltd. โI was told there was a hitch here and there, but that the money was coming in,โ he said.
The farmer said he โblew a fuseโ when he saw a notice in a newspaper earlier this year that a receiver was being appointed over part of his farm. โI knew then this was a sham and I havenโt spoken to Russell since,โ said OโMahoney. The farmer is now trying to put victims of Russell in touch with each other. Together they plan to make a complaint to the garda fraud squad.
THE common thread among Russellโs customers was their desperate financial straits.
Among those who engaged Russell is a 74-year-old farmer who paid over โฌ30,000 on the understanding that the former barrister could negotiate his โฌ1.2m bank debt down to โฌ200,000. Last week the farmer said Russell recently approached him for another โฌ3,000 saying this could help get the deal over the line.
โThe deal never materialises despite him always saying it will be next week,โ said the farmer.
In 2013 the man introduced Russell to another farmer who had debts of โฌ2.4m.Russell told him he could get his debt cut to โฌ450,000 but it would cost โฌ30,000. โBanks were doing deals of 20% at the time, so I thought it was credible and I paid him,โ said the farmer. He has yet to get a deal.
Another farmer said he paid Russell โฌ24,000 on the understanding he would negotiate a settlement with his bank to write โฌ4.6m off a โฌ5.1m loan. The deal never materialised.
A rural builder said he and a relative paid Russell โฌ12,000 to negotiate on their โฌ540,000 bank debt. โWe got excited that he could deliver for us,โ he said. โBut now weโre two years down the road and thereโs no deal done. To be honest, weโre in such dire straits we still have a forlorn hope he might come through for us.โ
Another farmer, who only wanted to be identified as G Kennedy from Tipperary, said he paid Russell โฌ8,000 to negotiate a โฌ200,000 tax bill from Revenue. โI was always sceptical of it and in the end he did nothing for me other than tell me the office where I could get my tax clearance certs,โ said Kennedy.
Another businessman said he had paid โฌ22,500 to Russell in eight payments between 2014 and 2015 after Russell told him he could reduce his Ulster Bank debt from โฌ750,000 to just over โฌ250,000.
All the men were offered new finance by Russell in the form of โpeer-to-peerโ lending, also known as โcrowdlendingโ. The practice has developed in the UK in recent years. It matches lenders with borrowers through a specialist website.
The paperwork given by Russell to farmers and rural businessmen, however, contains numerous inconsistencies and apparent misrepresentations.
The lending companyโs name is listed as โP2P Finance Ltdโ with an address at 130 Congleton Road, Sandbach in Chesire, England. This is the same address used by Crest Legal Consultants, the company Russell used to bill for his consultancy services. There is a P2P Finance Ltd registered in England but it is based in London and offers business advice, not loans. Mike Sleeman, P2P Finance Ltdโs owner, believes Russell has wrongly used his companyโs name.
A โP2P Finance Ltdโ loan offer issued to a Tipperary businessman in 2013 claims the company is both โregistered in Irelandโ and โincorporated in England and Walesโ. Buried in the paperwork is a paragraph that sets out P2Pโs purported registered company number, address, Information Commissioner registration number, consumer credit licence number and website. However each of these details are actually those of another firm, Funding Circle, one of the UKโs largest peer-to-peer lending companies.
Funding Circle said it had never worked with Pat Russell or a company called P2P Finance Ltd and it would be referring this matter to its lawyers.
A business source said Russell had approached Christopher Seddon, MBE, head of the large Seddon construction firm based in the north west of England, about developing a peer-to-peer lending business in Ireland. Seddon was to be a backer of P2P Money Markets, a company incorporated in Dublin in 2012. Seddon, however, died last year and the Irish company was dissolved last April.
The Seddons declined to comment.
LAWRENCE CARBERRY, a director of P2P Money Markets, said the company had never traded. He said while he had met Russell previously the former barrister had no involvement with P2P Money Markets. He said he wanted nothing to do with Russell.
Not all the businessmen and farmers were taken in by Russell in the same way. In October 2012, a garage owner agreed to provide Russell with a bridging loan of some โฌ50,000 by lodging the money to a Limerick firm of solicitors nominated by Russell.
The garage owner received a letter from Martin Guyll-Wiggins, of Great Western Solicitors in Swindon, saying Russell would give an undertaking to return the money plus a 60% return within 28 days. He duly transferred two lots of โฌ25,000.
The man said he had always trusted lawyers and solicitors. โI took Pat Russell at face value,โ said the garage owner. โHe then tried to get me to take a loan from P2P but I refused because Iโd already given him everything I had.โ
In 2014 the man was sent three cheques worth โฌ42,400, by Russellโs UK firm, Crest Legal Consulting, signed by Renata Bauman, the companyโs only director. All three bounced.
The man, who does not want to be named because he has not told his family about giving the money to Russell, said the former barrister claimed the cheques bounced โbecause the signatures were wrongโ.
The garage owner said: โI know Iโm flogging a dead horse but Iโm hoping against hope heโll repay me. Iโm embarrassed. We can pay our way but I have to work seven days a week. I have special needs children and thatโs who that money was for.โ
Great Western Solicitors was liquidated in September 2014. Guyll-Wiggins, its director, said Russell was his client but he was never paid by him. He said he never took any funds from Russellโs Irish clients. He said he and Russell had โbutted headsโ and he wished he had never worked with him. While he said he had authored the letter to the garage owner in 2012 he had never consented to act for โP2P Finance Ltdโ. He was not aware his firmโs details were included in paperwork sent to prospective borrowers.
โI was employed by Russellโs Crest Legal Consultants to provide due diligence on funds supplied by a lender and ensure the funds went to borrowers,โ said Guyll-Wiggins. โThe funds never arrived. The only money that did arrive failed the diligence test and had to be returned.โ
Crest Legal Consultants was dissolved last November.
Last week Russell said he had engaged Kieran Conway, a former IRA man, as his solicitor.
โI at all times used my best offices on behalf of clients save where I was hospitalised three times since Christmas,โ he said. โWhen Crest was dissolved I continue[d] working in a personal capacity. The financial figures you quote are wildly exaggerated.โ
He said he was continuing to work with most of the men who had spoken to the Sunday Times.
โI have an acrimonious dispute with Mr McLoughlin as you know,โ he said. โI have had a personal disagreement with Mr OโMahoney. I have not received any correspondence from any of the above, legal letter or proceedings setting out any of the allegations you make. I deny the allegations you make in total.โ
The former barrister denied saying he had an โinside manโ in AIB. He said he had contacts in several banks including AIB.
McLaughlin, the Westmeath livestock dealer, has little hope of recovering his money from Russell but has employed debt collectors to pursue the former barrister. They have visited him at his home in Rathcoole in south Dublin.
โIโd be owed money for stock and sometimes the money collectors can collect for you but theyโre getting nowhere with Russell. I have them on him just to annoy him as much as anything,โ said McLaughlin.
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