Longford District Court hears defendant has paid back and returned €1,000 to a bank who were at a loss due to his offending
A money mule has paid back and returned €1,000 to a bank who were at a loss due to his offending and by doing so he has avoided a conviction.
Killian Rawle (23) of Ballyreaghan, Ballinalee, county Longford pleaded guilty to engaging in transferring, handling, acquiring, possessing or using property that was the proceeds of criminal conduct, to wit monies credited to his bank account in his name while knowing that, believing that or being reckless as to whether or not the said property was the proceeds of criminal conduct.
The charges are contrary to section 7(1)(a) and 7(1)(b) of the Criminal Justice (Money Laundering & Terrorist Financing) Act 2010 and relate to an incident on April 29, 2021 at Bank of Ireland, Main Street, Cavan.
Sergeant Enda McNulty, court presenter, said the defendant gave his account details and password to somebody he knew and the defendant allowed the money to be transferred into his account.
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Judge Bernadette Owens asked Sgt McNulty if Gardaí accepted that the young defendant did not have anything to do with the setting up of the process and he replied that was the case.
The court heard the original injured party was not at a loss as the bank had compensated him.
The defendant had one previous conviction for a minor road traffic matter.
Solicitor Frank Gearty, defending, addressed Judge Owens and said the court would know the person his client gave his account details and password to 'very well'.
"My client is a young lad who should have known better but as well as taking full acceptance of wrongdoing I think he was targeted," he said. "He was 19 at the time, but as you can see there was a significant timelapse in the bringing of this charge [to court]."
Mr Gearty stated Mr Rawle was in secondary school at the time of the offence and he was also working part-time in a local restaurant and he opened a bank account while in school which was 'unusual'.
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"Regretfully, judge when approached on a number of occasions he did use the account details but he didn't even know that the money had come into his account and he certainly didn't know how it came out.
"He should have known better than to have allowed his bank account details to be given to anyone."
Mr Gearty said the first thing his client heard about anything was when the bank put a hold on his account.
"He went into the bank and asked them what was going on and they explained the situation to him and sent him some paperwork.
"That was the end of it then until 2024.”
Mr Gearty said his client cooperated with Gardaí at all times, he apologised and empathised with the victim and the ringleader was not “even a particular friend of this young man but he had grown up with him in the local college”.
The court heard after Mr Rawle finished school in 2021 he worked full time in county Longford and the apprentice plumber is due to qualify next year.
Mr Gearty said Mr Rawle comes from a 'very strong family background' and he had come to court with €1,000 in his pocket 'towards ameliorating the loss to the bank'.
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The solicitor said his client hoped Judge Owens 'might be able to find a way of not recording a conviction' because he has 'changed' so much since 2021.
"He is a young man who made a catastrophic error to have anything to do with this other person and he has severed all connections with him, he acknowledges this is a very serious matter."
Judge Owens noted the age of the defendant at the time of the offence and that the original injured party was not at a loss as the bank had compensated him.
She gave Mr Rawle an 'opportunity' to pay the bank €1,000 but warned she would not 'give it again' and when he did so a short time later she struck out the matter.
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