Monday 21 January 2019

Struggling car dealer bounced €7k cheque

A FAILED businessman who defrauded a car dealership out of €7,000 in an effort to save his own company has been given five months to come up with compensation.

Michael Fogarty (32), also a second-hand car dealer, cashed a personal cheque with Walsh Motors on the Kylemore Road but when the business brought the cheque to the bank they discovered there was not enough money in Fogarty's accounts to cover it.

The court heard that the employee who cashed the cheque for Fogarty was later made to repay his employers out of his own pocket.

Fogarty (32) of Brownsbarn Wood, Kingswood in Tallaght pleaded guilty at Dublin Circuit Criminal Court to cashing a €7,000 cheque by deception at Walsh Motors on December 20, 2007.

Detective Garda Brian O'Shaughnessy told Fiona McGowan, prosecuting, that Fogarty had approached an employee of the dealership and asked him to cash a cheque. The employee agreed as he had dealt with Fogarty on several occasions previously without problem.

When the cheque bounced the employee repeatedly tried to contact Fogarty but failed. Fogarty was arrested soon afterwards and made full admissions.

He initially told gardai that he had cashed the cheque in revenge for the dealership selling him a car with a faulty engine for €9,000. However he later admitted this was a lie.

He said he was waiting on another cheque and hoped that the money would be there by the time the dealership cashed his cheque.

Defence counsel, Shane Costelloe, said Fogarty's business was in its "death throes" at the time and the deception was his last attempt to save it.

Mr Costelloe submitted that his client had entered an early guilty plea and intends to pay back the dealership employee.

Judge Desmond Hogan agreed to put the matter back until June on condition Fogarty produces compensation.


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