Dolphin Trust liquidator Fitzpatrick also liquidated € 11.7m tax evasion business
Controversial liquidator Anthony J Fitzpatrick has liquidated a tire company owned by the man Offaly named last week by the tax authorities as a € 11.7 million tax defaulter.
Itzpatrick, who is in the process of separately winding up a key part of the Dolphin real estate program, was appointed liquidator in March 2004 for Cloghan Tire Services by tax defaulter James Joseph Daly.
Fitzpatrick filed the liquidator’s final account statement for Daly’s company 14 years later, in October 2018, after collecting a fee of € 52,000 for the liquidation.
The Limerick-based accountant is currently facing a series of legal issues relating to various unrelated liquidations he has undertaken. In the latest blow to Fitzpatrick, the High Court has issued an ex parte order in recent weeks for the seizure of more than € 48,000 in fees owed to Fitzpatrick as a result of a liquidation he carried out.
The court ordered that the fees be used to pay another liquidator, Myles Kirby, the unpaid costs awarded against Fitzpatrick in another case. The court had also ordered Fitzpatrick to appear in court to justify why he shouldn’t have to pay Kirby the € 48,000. Fitzpatrick did not appear in court and the case was postponed for a week.
Fitzpatrick and Kirby are currently acting as liquidators for two different companies linked to the Dolphin scandal.
Kirby was appointed by the High Court in April to wind up MUT 103 Ltd and Fitzpatrick was appointed by the directors of Dolphin International Group in October 2019 to carry out the ongoing voluntary liquidation of the Cork-based company which at one point , was the nerve center of the now infamous Dolphin real estate project.
Fitzpatrick, who did not respond to detailed questions from Independent Sunday, has acted as liquidator for hundreds of companies – with numerous liquidations, including that of Dolphin International, still pending, according to documents filed with the Companies Registration Office.
His Limerick-based firm, Fitzpatrick O’Dwyer, also acted as an accountant at another firm owned by JJ Daly, Five Roads Trading Ventures Ltd, which was incorporated in 2012, according to the filings.
Daly was subject to a five-year exclusion order in 2005 in connection with Cloghan Tire Services, the company that was wound up by Fitzpatrick.
Three months after this disqualification, Daly, who declined to comment when contacted by the Independent Sunday, registered the business name Any Gear – the business name cited by Revenue on last week’s list of tax defaulters.
The latest accounts filed for Positive Accounting Solutions Ltd, which operates as Fitzpatrick O’Dwyer, Fitzpatrick’s practice in Limerick, showed a deficit of over € 400,000 in shareholders’ equity for 2020, with the deficit having increased by € 150,000 since 2019.
Fitzpatrick told the Independent Sunday last month he was “stunned” by the appeals court threat to report him to the office of the Director of Law Enforcement and Chartered Accountants Ireland over concerns over money missing from the liquidation account of a catering company, Lucca Food Trading, which he liquidated and which was to Turnover of nearly € 200,000.