Showing posts with label Anthony Joyce and Co. Show all posts
Showing posts with label Anthony Joyce and Co. Show all posts

Monday, October 25, 2010

Ciaran Maguire Claims He Gave Deposits Back

OK, latest installment on the weirdness that is the CMG and Flash Developments story courtesy of the Sunday Business Post.

Mr. Maguire claims he's given the deposits back to the agency selling the property but it was never passed back to the investors - Anthony Joyce (solicitor) says there is no evidence to suggest that he did any such thing. Joyce also says most of the money was paid directly to Flash Developments, which Maguire denies.

KPMG (Flash Liquidators) also claim that Maguire has no title in CV, which he denies vehemently - but still appears incapable of producing documentation to prove ownership. Very strange stuff.

Note, there are no claims of this being a €1.8 billion Resort anymore.


Dublin-based businessman Ciarán Maguire, who is being sued by a group of investors in a €100 million resort in Cape Verde, has claimed that he refunded their deposits to the sales agency but that the money has not been passed on to the investors.

Maguire told The Sunday Business Post that he had been in discussions with Dublin solicitor Anthony Joyce, who is representing the group who have lodged a class action in the High Court against Maguire and his company, the Ciaran Maguire Group.

They are seeking immediate repayment of their deposits. Maguire claims that the investors represented by Joyce bought through a sales agency and not through him or his companies.

‘‘I refunded the agency. Now, unfortunately, that was never recycled back," said Maguire.

‘‘I’ve a very, very clear paper trail to show I’ve actually paid the agency back."

However, Joyce said the case would be proceeding until all monies were repayed to his clients.

He said that ‘‘a number of clients had paid small deposits to an agency, but they paid the remaining monies to Flash Developments’’, another company controlled by Maguire.

‘‘We’ve seen no paperwork to suggest Maguire had refunded any money to the agency," said Joyce.

Flash Developments collapsed into liquidation last May, and the High Court ordered an investigation into the company, after evidence emerged that it had used deposits from buyers to finance the running of the firm.

Court documents also include claims that the company did not have title to land in Cape Verde, but Maguire continues to claim that he has title to the land.

‘‘I’ve subsequently been liaising with KPMG, and they are now happy that Ciaran Maguire Group does have the contracts in place with the Cape Verde government and does have the relevant title on the land in Boa Vista," he told The Sunday Business Post.

But liquidator Kieran Wallace of KMPG said that this was not the case. ‘‘We have no evidence whatsoever to date that Maguire has title on any land in Cape Verde," Wallace told this newspaper.

‘‘We understand that he put a lot of money down on two plots of land through Flash Developments and never got title.

There’s no paperwork to show title on any land.

We’ve seen no proof that he’s repaid any monies."

However, Maguire insists that the Ciaran Maguire Group is continuing to build the Palm View development of 400 apartments and villas on the island of Boa Vista. He said that construction on the 111-acre plot had begun, and that completions were expected by December 2011.

According to Maguire, 300 units have been sold off the plans in the first phase of the scheme, with prices ranging from €50,000 up to €865,000.

Wednesday, June 9, 2010

Feature on Larionovo, Ciaran Maguire Group, Simple Overseas Properties and Kuvera


News feature in Sunday Business Post on June 6th written by Ian Kehoe.

"In his native India, Probir Chatterjee is a little-known figure. Yet, over the coming days, more than 250 Irish people will file into the Carlton Hotel at Dublin Airport to hear the accountant speak.

The reason? Chatterjee’s firm, Smart Investments, is attempting to kick-start a number of stalled property developments in Dubai.

His audience will be made up of Irish investors who put down deposits for three schemes in Dubai’s Sports City complex - Bermuda Views, Eagle Heights and Profile Residence.

Chatterjee is likely to have an attentive audience as he outlines a plan to take over the delayed developments and complete them, giving certainty to the investors at last.

Through an Irish-based selling agent called Larionovo, hundreds of Irish people invested money in apartments and villas in the three developments.

Enticed by glossy brochures and talk of a guaranteed return, many put their life savings into the property projects. Others stepped up to buy multiple properties, paying out hundreds of thousands of euro upfront.

In late 2008, Larionovo collapsed into liquidation. The Dubai developments, which were being spearheaded by a local firm, stalled. Since then, the investors have struggled to get any information about the development or the whereabouts of their funds.

For all concerned, the Dubai investment dream has turned into a nightmare.

‘‘A few years ago, I asked Larionovo about the progress of the development," said Tony Hynes, a Dublin businessman who invested in one of the schemes.

‘‘I was shown a picture of a six-storey building that was almost complete. A few months ago, I went out there myself.

All I could find was a hole in the ground. I don’t know what building they showed me, but it certainly was not mine."

Hynes is the chairman of an action group set up last year to investigate the Dubai debacle and try to recover funds from the project. It has discovered a maze of companies, with intricate shareholdings and impenetrable operations.

‘‘Look, I accept there is a risk associated with any investment, but we were given lots of promises that turned out to be lies," said Hynes. ‘‘We were told it was backed by the Dubai government.

Not true. We were told our money was in a safe account and was not being touched. Not true. It was actually being used to fund the development."

Hynes has already given up hope of getting his money back from Dubai.

He said the best option was finding a partner like Chatterjee to finish the development.

‘‘I am not getting my money back, so I am trying to get the keys instead," he said. ‘‘Next week’s meetings are crucial. Hopefully, in two years, it will all be over and I will be in possession of the apartments. Hopefully."

If a deal with Smart Investments can be agreed, Hynes and his action group could yet salvage something. Others might not be so lucky.

During the years of economic boom, Irish people were among the biggest buyers of foreign property in the world.

The numbers vary, but industry estimates put the number of Irish-owned foreign properties at somewhere between 150,000 and 250,000.

They ranged from condominiums in Chicago to villas in Cape Verde, from Bulgarian flats to penthouses in Poland. Geography was no restriction - properties were purchased in places as diverse as Dubai, Morocco, Hungary, Turkey, India, France, Italy and Portugal.

But as the economic climate has changed, a series of overseas property ventures have come undone. Some developments, like those in Dubai, have failed to materialise. Others have plummeted in value, leaving thousands of investors nursing big losses.

A murky world - that’s how lawyer Tom McGrath described the overseas property business. During the boom years, he provided legal advice for people buying abroad.

Now the market has soured, he is spending much of his time helping clients pick up the pieces.

‘‘People bought into the market, they bought into the flash property shows, the fancy talks, the gushing newspaper articles," said McGrath, a partner with McGrath O’Donnell & Associates in Dublin. ‘‘But at the bottom of it all, there was simply no regulation.

‘‘People were doing things they would never dream of doing if they were investing in Ireland. I know one person who bought an apartment in Bulgaria from the back of a fruit van.

People ran away with themselves," he said.

In the case of Kuvera Ireland, around 250 Irish investors bought into the sales pitch. The company took over a hotel in Dublin 4 on September 15, 2007, to launch plans for two luxury developments in India called Mountain View and Orchard View.

Kieran Murphy, the man behind Kuvera Ireland, spent the day meeting potential customers and introducing them to Dr Ajit Jha, the boss of Kuvera India and his partner on the ground.

The show and the figures must have been impressive -Kuvera raised €8.9million for the apartment scheme in Rudrapur, a special economic zone in north India.

Kuvera Ireland brokered the deal and investors were told that contracts for the building work existed between the investors and a construction company called VG Buildtech.

Between them, Mountain View and Orchard View were to comprise 580 apartments. As of last week, the site consisted of a boundary wall with some small preparatory works. Nothing had been built.

‘‘Two weeks into the project, Kuvera knew there was a problem." said John Plaice, who invested in the scheme and now chairs an action group set up to recover money from Kuvera. ‘‘The problem was very simple. Foreigners could not buy properties there, but they tried to work around it with leaseholds and so on. There were literally problems from day one."

The fall-out from Kuvera ended up in the High Court in Dublin, where an order was obtained freezing Murphy’s assets.

A settlement was eventually reached between Murphy and the investors, under which he agreed to hand over assets.

Under the settlement, the investors were to take possession of properties at a golf resort in South Africa, five British properties and €143,00 0 from a South African bank account.

Murphy’s shares in Kuvera India and equity in VG Buildtech were also to be ceded.

Almost a year on, the transfers of the various assets are close to completion.

However, the Kuvera case shed startling light on how some property deals were structured.

Under the so-called ‘Kuvera reward programme’, investors were promised flights and holidays at five-star hotels if they convinced others to invest in the company’s Indian developments.

‘‘The deal was a good one if it had worked," said Plaice. ‘‘But it did not work, and we are still getting to the bottom of what happened, and why it happened.

Money that should have been in an escrow account was used on sales and marketing.

The whole scheme was based on getting more people involved. The market slowed and no new investors were found. The whole thing became exposed. There was a huge element of trust in the investment.

We were badly let down."

Anthony Joyce, a Dublin solicitor, represented the Kuvera action group and has since spent a lot of his time dealing with disgruntled investors in other property ventures.

‘‘If there is a fraud or a perceived wrongdoing, we can take a legal course of action," according to Joyce. ‘‘But in lots of cases, I simply can’t help people.

The scheme is legitimate, but individuals can’t afford to make the payments. ‘‘But there is a difference.

At least you get the keys if you keep on paying. But there are a lot of cases where you pay your money and you might end up with nothing."

Two weeks ago, Joyce was retained by Irish investors concerned about construction delays at the Kensington Royale development in Dubai Sports City.

The five-star, 18-storey development of 252 units is being developed by Middle East Development in the United Arab Emirates, and was originally due to be completed early last year.

Joyce is also acting for investors who put money into a proposed €100million resort in Cape Verde.

Flash Developments, which is headed by Dublin developer Ciaran Maguire, received deposits from more than 200 Irish and British investors for apartments and villas in the planned Palm View Resort.

Following a 16-month delay in the project getting full planning permission, a number of the investors put together an action group to try to recover their money.

Ten days ago, the investors were stunned when KPMG was appointed as liquidator over Flash.

Maguire said that the development was going ahead, stating that all the ‘‘contracts, development lands and credit lines’’ had been transferred to another company called the Ciaran Maguire Group.

Maguire said that Flash Developments was ‘‘simply a sales and marketing company’’, and its liquidation would not have any effect on the development.

KPMG has initiated a full investigation. ‘‘I have absolute sympathy with a lot of investors," said Joyce.

‘‘They got caught up in genuine investments that went wrong. Many schemes were plausible on paper. They checked out. But they were undone by the market."

Often, the court is the place of last resort.

In recent days, 39 investors launched proceedings against Simple Overseas Properties, an Irish property firm, in relation to deposits which were taken for properties in developments in Morocco and Spain. That case, and others like it, highlighted a major problem, according to experts - a stark lack of regulation.

‘‘Some of it is real Wild West stuff," said Paul McCann, head of specialist advisory services with accountancy firm Grant Thornton.

‘‘There is an assumption that Irish overseas property firms are regulated. Even travel agents are bonded. But it is not the case.

‘‘I think it is now incumbent on the government to introduce regulation, or force companies to be bonded.

Alternatively, the various representative bodies need to start enforcing strict guidelines.

Deposits should not be allowed to be used by developers as cash flow."

The government is understood to be looking at the system, in an effort to introduce some new checks and balances.

But for people like John Plaice, Tony Hynes and the thousands who have seen their investments evaporate, it could well be too late."

Thursday, April 15, 2010

Anthony Joyce to Seek Client Refunds from Flash Developments

Anthony Joyce is on the case of another high profile overseas property development, namely the Palm View Resort in Cape Verde, sold by Flash Developments and run by Ciaran Maguire. You'll see previous posts about Mr. Maguire and his 'Palm View Resort' development here.

Joyce, who has made somewhat of a name for himself in this niche industry - having taken on such high profile overseas property cases as Kuvera, Larionovo and Simple Overseas Properties - has been appointed by a group of Irish and British investors to recover their funds from Flash Developments and its owner, Ciarán Maguire. Joyce is looking for investors to come on board so that the cost of any action can be spread out among as many affected investors as possible.

Joyce's contact number is 00353 (0)1 4545 000 and the website is www.anthonyjoyce.ie.

Monday, November 30, 2009

Attention Dubai Clients of Larionovo and Profile

Solicitor, Anthony Joyce, has been in touch with the site to say that he is currently looking for clients of both Ennis based Larionovo and its Dubai based sister company, Profile.

Larionovo, of course, went into liquidation in November 2008, but its former clients are undeterred. They have now formed The Dubai Action Group to fight their corner against what they feel is the unjust way in which they have been treated. Developments in which worried investors bought include: Eagle Heights, Bermuda Views, Stadium Point and Profile Residences; all are developments within the landmark proposed Sports City project. Other developments in which investors had become involved include: International City, Snowdome Residences, 050 Waterfront and the Island of Ireland in the, now infamous, World development 20 minutes off the coast of the Emirate.

Such was the volume of property sold by Larionovo, the Group currently has 200 members signed up with a further 100 who have been in contact and shown an interest in joining. The Group is currently recruiting new members with a view to instigating legal action. The Group will close before any action is taken and no new members will then be allowed to join.

The group has appointed Joyce to undertake litigation on behalf of the purchasers in relation to parties involved in the projects both in Ireland and in Dubai. Readers of the blog will be aware that Joyce has experience in recovering funds for overseas property owners, having taken a high profile legal action against Irish agent Kuvera regarding developments it was promoting in India. In July, Joyce used the new facility in the Commercial Court to secure property assets, company shares and cash for the Kuvera Action Group just eight weeks after injunctions were issued. A legal action is also currently in motion against the indemnity insurance that covered Kuvera’s legal adviser, Seymour Major. Action in India is also progressing.

See here for further information on the Dubai action.

___________________________________

Register now to receive our informative newsletter, save searches and tailor your OverseasCafe.comexperience to your own needs.