Case No. 21749Deception; false accounting · Co. Limerick

Former Limerick solicitor sentenced to two years for deception and false accounting

Michael Small, a 56-year-old former solicitor from Renville, Oranmore, County Galway, gave undertakings to a lending institution between 2008 and 2009 that mortgage money would be used to purchase properties valued at over €1 million, but the properties were never bought. The majority of the drawn-down money was dispersed to clients, mortgage brokers or elsewhere, and he misled his accountant, giving rise to the false accounting charge. The offences came to light when Small self-reported to the Law Society, which launched an investigation. He entered guilty pleas to counts of deception and false accounting at Dublin Circuit Criminal Court, where Judge Martin Nolan sentenced him to two years' imprisonment, adjourned to the following Thursday for him to be taken into custody.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In courtnot reported
  5. Verdictnot reported
  6. Sentenced27 Mar
    2 reports
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • Small gave undertakings to a lending institution that mortgage money would be applied to the purchase of properties stated in clients' mortgage applications, but the properties valued at over €1 million were never purchased.
  • The majority of the drawn-down mortgage money was dispersed to clients, mortgage brokers or elsewhere, and Small did not substantially benefit personally.
  • Small misled his accountant, giving rise to the false accounting charges.
Where
The offences took place while Small was in practice as a solicitor in Limerick.
When
The offences occurred over a two-year period between 2008 and 2009.
Investigation
The offences came to light when Small self-reported to the Law Society, which then launched an investigation.
Charges
Small entered guilty pleas to counts of deception and false accounting.
In court
The case was heard at Dublin Circuit Criminal Court before Judge Martin Nolan.
Sentence
Judge Nolan imposed a two-year prison sentence, adjourned to the following Thursday for Small to be taken into custody.
Other details
  • Small has no previous convictions.
  • Some injured parties had been recompensed by the Law Society while others had not.
  • Judge Nolan noted Small came from a good family, had excellent testimonials, was unlikely to reoffend, and was ill-suited to the business aspects of private practice.
26 statements extracted from the articles
  • whatThe properties were valued at over €1 million and were never purchased (irishtimes.com)
  • whatThe money was drawn down into an account but the properties were not purchased (irishtimes.com, rte.ie)
  • whatThe majority of the mortgage money was dispersed to clients, mortgage brokers or elsewhere (irishtimes.com, rte.ie)
  • whatSmall misled his accountant, giving rise to the false accounting charges (irishtimes.com)
  • whatMichael Small is a former solicitor who practised in Limerick. (rte.ie)
  • whatHe gave undertakings to a lending institution that mortgage money would be applied to the purchase of properties stated in clients' mortgage applications. (rte.ie)
  • whatThe properties were valued at over €1 million. (rte.ie)
  • whatHe has no previous convictions. (rte.ie)
  • whatHe misled his accountant, giving rise to the false accounting charges. (rte.ie)
  • whereThe offences took place while Small was in practice as a solicitor in Limerick (irishtimes.com)
  • whereMichael Small lives in Renville, Oranmore, County Galway. (rte.ie)
  • whenThe offences occurred over a two-year period between 2008 and 2009 (irishtimes.com)
  • whenThe offences occurred on dates between 2008 and 2009. (rte.ie)
  • investigationThe offences came to light when Small self-reported to the Law Society, which then launched an investigation (irishtimes.com, rte.ie)
  • chargeSmall entered guilty pleas to counts of deception and false accounting (irishtimes.com)
  • chargeHe entered guilty pleas to counts of deception and false accounting. (rte.ie)
  • courtJudge Martin Nolan said if Small had not given the undertaking, the money would not have been paid out (irishtimes.com)
  • courtThe case was heard at Dublin Circuit Criminal Court before Judge Martin Nolan. (rte.ie)
  • sentenceJudge Nolan imposed a two-year prison sentence (irishtimes.com)
  • sentenceThe sentence was adjourned to Thursday next for Small to be taken into custody (irishtimes.com)
  • sentenceHe was sentenced to two years' imprisonment. (rte.ie)
  • sentenceThe sentence was adjourned to the following Thursday for him to be taken into custody. (rte.ie)
  • otherSmall has no previous convictions (irishtimes.com)
  • otherSome injured parties had been recompensed by the Law Society while others had not (irishtimes.com, rte.ie)
  • otherJudge Nolan noted Small came from a good family, had excellent testimonials and was unlikely to reoffend (irishtimes.com)
  • otherJudge Nolan said Small was ill-suited to the business aspects of private practice (irishtimes.com)

The reporting

newest first
  1. 27 Mar2023
    Former solicitor jailed for deception, false accounting

    Provides full detail of the sentencing hearing before Judge Martin Nolan, including his reasoning, the adjournment of the sentence to the following Thursday, and details about the Law Society investigation and recompense of some injured parties.

    convicted, Michael Small, 56, male, named, irish (judged from name)Michael Small
  2. 27 Mar2023
    Former solicitor jailed after giving undertakings to buy over €1m of properties that were never purchased

    Sentencing report: Judge Martin Nolan imposed a two-year prison sentence, adjourned to Thursday next for Small to be taken into custody. The offences came to light when Small self-reported to the Law Society. He pleaded guilty to counts of deception and false accounting.

    convicted, Michael Small, 56, male, named, irish (judged from name)Michael Small