Dublin Solicitor Sentenced in Property Deed Scheme

A Dublin solicitor, Herbert Kilcline, 64, has been sentenced to two and a half years in prison for his involvement in a fraudulent scheme that used false deeds to illegally alter the ownership of two properties in Dublin. The Dublin circuit Criminal Court found Kilcline guilty following a trial last November, marking a significant development in the case that has been ongoing since the discovery of the fraudulent activity.

The scheme involved inserting false deeds into the property titles, leading to unauthorized individuals being listed as the registered owners. This manipulation affected properties on phibsborough Road and St mary’s Road in Dublin. Kilcline, residing at Bessborough Parade, Rathmines, Dublin, faced multiple charges, including using a false instrument, failing to keep records, fraudulently procuring an entry into the Property Registration Authority’s (PRA) registry, and failing to apply the required measures as a designated person.

Key Players and Their Roles

Judge Sinead Ní Chúlacháin emphasized Kilcline’s central role in the scheme, stating he abused his position of trust with the PRA. She noted his actions were not merely professional negligence but contributed to losses suffered by the victims and jeopardized the integrity of the land registry system. While Kilcline maintains his actions were professional negligence, the court deemed them criminal and reckless.

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Kilcline’s co-accused, Philip Marley, 53, described as the scheme’s “author,” received a three-year sentence earlier in january. Marley pleaded guilty to procuring fraudulent entry into the PRA’s registry, deception, and procuring the registration of a false deed. All offenses occurred between 2016 and 2018.

Legal Proceedings and Defense Arguments

During a previous hearing, John McGowan SC, representing Kilcline, mentioned his client initially accepted the jury’s verdict but now intends to appeal.A handwriting report prepared for Marley’s defense raised the possibility that the deed of conveyance might have been valid. McGowan argued that Kilcline acknowledges falling short of his professional obligations but does not accept full duty.

McGowan also highlighted Kilcline’s personal circumstances, including being a Thalidomide survivor and a former “covert human intelligence source” for the Gardaí. Kilcline had previously received notification of threats to his life, with Gardaí uncovering separate murder conspiracies against him.

Details of the Fraudulent Activities

Garda Sergeant Ronan Farrelly explained that a false deed was inserted onto the title of both properties,resulting in unauthorized individuals being listed as registered owners. The Garda inquiry was initiated following an internal review by the PRA.

Evidence revealed that the legitimate owners of the Phibsborough Road property purchased it in the 1990s with a sitting tenant, ADT (later Johnson Controls). In December 2016, a false deed of conveyance was lodged at the PRA, claiming that Kent International Holdings owned the building and it was now owned by SLGI. The deed was purportedly lodged and signed by a solicitor who had acted for Marley in an unrelated matter but had not signed or lodged the deed.

Pro Tip: Always verify property ownership details independently through official channels like the Land registry to avoid potential fraud.

Marley directed searches in the registry of deeds about lands surrounding the Phibsborough Road property and engaged a third party to produce maps. Stamp duty was paid on the non-existent transaction between Kent Holdings and SLGI. Kilcline was engaged by Marley to procure a ‘form 3’ for the registration of this property,and communications occurred between them.

Impact on Tenants and Property Owners

Once SLGI was registered as the owners of the Phibsborough property, the tenants, ADT/Johnson Controls, were contacted and advised to pay rent to SLGI. One quarterly payment of €21,000 was made in March 2018,with the money transferred to an account in the United States. Discussions about ADT surrendering the lease led to a settlement figure of €245,250, which was also paid in late March 2018.

The legitimate owner of the phibsborough Road property became concerned shortly after, but the transfer of money had already been completed. The ownership of the property was corrected after High Court proceedings, but ADT/Johnson Controls remain at a loss. In the case of the St Mary’s Road property, purchased in 2007 with a loan from Permanent TSB, a false deed was inserted after the bank obtained a possession order in 2015.

Sentencing and Considerations

Judge Ní Chúlacháin considered Kilcline’s medical and mental health issues when imposing the two-and-a-half-year sentence. She acknowledged that custody would be more challenging for him due to these factors. The court also received documents, including a probation report, on behalf of Marley.His defense noted his diagnosis of bipolar disorder and ADHD, his stability on medication, and engagement with mental health services.Marley was assessed as being at low risk of re-offending and expressed remorse for his actions.

Timeline of Events

What steps do you think should be taken to prevent future property deed fraud cases? How can technology be used to enhance the security of property records?