Businessman's wife has €20,000 seized by State
The elderly wife of a deceased Dublin businessman has had €20,000 seized by the State because it was the proceeds of tax evasion involving undeclared jewellery imported into the country.
Teresa Cusack of the Jewel Casket, South Anne Street, Dublin 2 forfeited the money which was seized from a jewellery store safe after Judge Katherine Delahunt ruled at Dublin Circuit Criminal Court that it was the "proceeds of crime".
A further £8,500 (€9,461) was returned to Ms Cusack after it was judged that there was a "good reason" for its presence in the safe.
Mr Dominic McGinn BL, acting for the state, read an affidavit sworn by Customs Officer Andrew Keyes stating that jewellery was sent from America hidden inside of catalogues. He said approximately 60 similar books had been sent to the shop from the same address over the course of a year.
Following the discovery of the jewellery, a search of the shop was conducted which revealed the cash in the safe, as well as several empty FedEx packages.
Ms Cusack’s late husband, Mr Derek Cusack, told customs officers he assumed all tax had been paid on the American side. He said the jewellery was sent to him on a trial basis to see if he wanted to sell it and if he didn’t like it he could send it back.
Counsel for Ms Cusack, Ms Kelly Smith BL, objected to the forfeiture on the basis that the alleged criminal conduct involved a jewellery store whereas Derek Cusack ran a antique furniture shop. She said it was another family member who ran the jewellery store
Ms Kelly also said there was good reason for the money being in the safe because the nature of Mr Cusack’s business meant he required large sums of money at short notice.
Ms Cusack stated in her affidavit that the £8,500 (€9,461) was for a business trip she and her husband were planning.
Ms Kelly said Mr Cusack could not speak in his own defence which left her client at a disadvantage. Mr McGinn submitted that Mr Cusack already had a chance to speak when he met with customs officers.
