Richard Mockler
, a Bentley and Porsche car dealer to west Dublin businessmen, has claimed that the publicity of a
Criminal Assets Bureau
raid on his business dealt it “fatal blows”.
Mr Mockler, who lives in Canada, made the claim in an affidavit prepared to defend himself against being being disqualified as a director and held liable for company debts of millions by Aidan Garcia, the liquidator of his former firm, Richard Mockler Ltd.
Mr Mockler's Clondalkin car dealership saw its turnover shoot up from €2 million to more than€20 million in 2007, helped by selling cars to various business people, including fellow vehicle dealer Lee Cullen, an associate of the late Katie French.
Mr Mockler said CAB raided his home and premises in December 2007 as part of an investigation into the motor industry before prosecuting him for underdeclaration of vehicle registration tax. He said he was charged with underdeclaration of VRT on “six or seven motor vehicles that had passed through the company books”, a “negligible fraction” of sales.
“Notwithstanding this and notwithstanding that I professed my innocence of deliberately underpaying VRT, I was prosecuted and, seven years later when my case came to trial, all charges against me were struck out.” Mr Mockler said a plan to restructure his finances with a new bank fell through too as a result. The bureau’s raid was not the “sole cause” of his firm’s collapse but it led to “fatal blows to the business”. “Rumours surrounding the CAB investigation made trading almost impossible.”
He said the keeping of two sets of sale invoices was common in the motor industry with one kept for the customer and one for finance companies.
“I say that I was not and never had misclassified transactions in order to defraud the Revenue from VAT due or to ensure that fictitious sales invoices were not classified by the liquidator,” Mr Mockler said.
Mr Mockler denied stock of high performance cars had been “misappropriated” and said he could explain everything, given time.
He defended his use of company funds to pay the mortgage on property investments, wine, tennis lessons and private schools fees.
“I accept that a comprehensive book of accounts were not kept in respect of the director’s loans or loans advanced to the company by directors,” Mr Mockler admitted.
He said “confusion” around loans taken out by directors had to be balanced against loans given by directors to the company. These loans included, he said, €150,000 given to him by a “J Mansfield” to invest in his firm.
