Jan 112016
 

Where is Michael Lynn?

I’ve had a lot of traffic to the site recently on the query ‘Where is Michael Lynn?’ (Update: Michael Lynn Extradition). It does seem to have been a while since we’ve heard of Mr. Lynn, who has been in prison in Brazil for the past two years, awaiting extradition to Ireland. If you don’t know who Michael Lynn is (which is unlikely if you found this post through a search) then a quick search around the site will give you plenty of information – click on this link.

Where is Michael Lynn?In short, Michael Lynn was a solicitor in Ireland during the infamous ‘boom times’ of 2002 to 2008. Along with his legal practice he ran an overseas property company called KenDar Holdings which sold properties in a range of countries including Portugal, Bulgaria, Poland and Hungary. In the wake of the financial crisis and on the back of accusations that he had stolen as much as €80m from banks and clients he fled the country. He lived in Poland, Hungary and Portugal for periods before ultimately moving to Brazil.

At time of writing this article (early 2016) he is in jail in Recife, Brazil awaiting extradition to Ireland, which is expected to happen shortly.

An article in the Irish Independent on January 8th 2015 claims that the Gardaí believe Michael Lynn could be extradited to Ireland by February 2016. It should be noted that they also felt he would be brought back to Ireland before summer 2015 and the end of 2015, neither of which occurred.

 Update: A more recent article in the Irish Times states that Mr. Lynn is to have a hearing on Tuesday February 16th 2016. It is posited that Mr. Lynn’s opposition to his deportation is likely to be unsuccessful, as no challenge to such a legal decision has ever been successful in Brazil. Mr. Lynn’s case will then be passed to the Foreign Ministry which, it is felt, could still take a further two months to action his deportation. By these calculations we should see Mr. Lynn back in Ireland some time in April 2016.

In any case, the previously mentioned article from the Irish Independent is below:

Gardaí expect that fugitive solicitor Michael Lynn may be extradited back to Ireland as early as next month.

Lynn (45) is wanted here on 33 charges related to mortgage fraud after he fled the country in October 2007 with debts of €80m.

In December 2014, Brazil’s supreme court approved the Irish Government’s request for his extradition, but no official date has yet been set. However, sources now say that gardaí believe it is imminent.

The supreme court judge assigned to the case has been due to provide the clarification requested before the extradition can go ahead and this is expected to happen within weeks.

“The expectation is that this will happen a number of weeks from now with the suggestion being that gardaí will travel to Brazil in February to escort him back to Ireland,” a source said.

The father-of-three has been held in a prison in the Brazilian city of Recife while fighting efforts to return him since his arrest in August 2013. Mr Lynn’s defence has petitioned the extradition court for clarification on several points, including the validity of the translation of the original arrest warrant and the question of reciprocity in the absence of an extradition treaty.

Originally from Crossmolina, Co Mayo, Mr Lynn used the birth of his son with his wife Brid to secure a permanent Brazilian visa in June 2012 because the child was born there.

Having practised on Dublin’s Capel Street, Mr Lynn was struck off more than seven years ago and had a fine of €1m imposed on him.

While there is no extradition treaty between Brazil and Ireland, a temporary bilateral agreement was struck, meaning Mr Lynn can be extradited – and that if he is convicted and jailed here his time served in a Brazilian prison will be discounted.

Earlier this week, it emerged that the amount paid out in claims by the Law Society to compensate clients for solicitors who default rose 29pc to €3.67m in 2014.

The most high-profile case in recent years was that of Mr Lynn, who cost his fellow professionals €2.6m in compensation paid out.

You can read the article on the Irish Independent here.

You can view updated information on Mr. Lynn’s extradition from Brazil here.

Where is Michael Lynn?

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