(Civil Law) Statutory Declarations - Anyone heard of persons penalised ?

trajan

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For civil matters the max fine for a false statutory declaration is €3,000 and/or 6 months in jail.

But has anyone here ever heard of someone penalised for presenting a false statutory declaration ?

If so, what was the fine applied ?

Was any action made to recover funds gained by the person making the false declaration ?
 
The criminal penalty (€3,000/6 months) is the maximum sentence for the offence of knowingly making a false statutory declaration.

But you're asking a different question — what happens when somebody presents a false statutory declaration (usually, in the context of court proceedings). The person who makes a statutory declaration for use in court proceedings is a witness; the person who presents it to the court is a party in the proceedings. Often, they are not the same person.

If your focus is on the way the statutory declaration has been used — the reliance placed on it, the advantage accruing to the party who presented it — then the key fact is that the declaration is false or misleading. It's irrelevant whether the person presenting it knew that it was false or misleading, and even if you think they did know you generally won't waste any time trying to prove that they knew. What you want is for the legal proceedings to be reconsidered in light of better information — now that it is known that the facts are not as set out in the declaration presented to the court, will the court make a different decision? Exactly how you go about doing this is a procedural matter, and it largely depends on when the falsity of the declaration comes to light — if there's already been a judgment then you might have to appeal; if the trial is still ongoing you can challenge the declaration before any judgment is given. But, in either case, proving that the party who submitted the declaration knew that it was false is not going to be your primary focus, and what you want is not first and foremost that they should be punished but that you should get a judgment based on the true facts.

Which is not to say that there might not be secondary issues, e.g. when it comes to costs orders, or that there might not be professional issues for the lawyers involved if it becomes clear that they knew that the declaration was false.
 
The criminal penalty (€3,000/6 months) is the maximum sentence for the offence of knowingly making a false statutory declaration.

Actually, in criminal cases it is more severe since 2021.

The gist of what you say (at least in civil cases) in relation to benefits accruing to presenters of false declarations is that no recompense automatically follows on from it - a plaintiff must build a case on this for themselves.

Lawyers involved in such declarations normally cover themselves well. All the lawyer needs to do is to attest that the declarant is known to them or else identified by some sort of ID. In essence they are just swearing/signing that they saw a person sign a sworn declaration before them - the nature of the declaration is not their affair.

Can you cite any cases in civil law where a false declarant was exposed and penalised ?
 
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Lawyers involved in such declarations normally cover themselves well. A
I don't think this is fair. The job of a lawyer, peace commissioner, commissioner for oaths, etc who takes a statutory declaration is simply to confirm tha the person making the declaration was satisfactorily identified, and that they made the declaration in the presence of the lawyer, etc. They are not at all concerned with the contents of the declaration — they don't read it; they don't know what it's about; and they certainlyh don't verify it — how could they? The Commissioner has no more responsibility for establishing that the declaration is true than the celebrant at a wedding has for establishing that the spouses will, in fact, love, honour and cherish one another.

This isn't lawyers "covering themselves"; this is them doing the job they are supposed to do and not doing jobs they are not supposed to do, have no right to do and are not well-positioned to do.
Can you cite any cases in civil law where a false declarant was exposed and penalised ?
Not from memory.

Back in the dawn of time, I was involved in a very junior capacity in a transnational fraud case, involving several parties and some lurid allegations. As is often the case in situations like these, the case was really about which of several innocent parties would bear the loss; the prospect of tracing the fraudsters and recovering from them, was not high. (One of the fraudsters was actualy bankrupted, but the fraud involved tens of millions, and his assets weren't anything like that.) I was acting for a bank that was hoping to recover its money from another bank.

One party put in a statutory declaration made by somebody — let's call him "X" — whose name came up a lot in the allegations of fraud. The fraud attracted a fair bit of notice at the time and, while the case was ongoing, one of broadcasters did an item on it in a current affairs programme which included an interview with X. The following Monday the lawyers for the party who had put in the statutory declaration were back in court to bring to the court's attention new information which had come to their attention; the person who was interviewed in the TV programme as Mr X was not the same person who had made the statutory declaration claiming to be Mr X. The Commissioner before whom the declaration had been made came into court and confirmed that, yes, the person who he saw make the declaration was not the person who appeared in the TV programme.

At this point there was no way of knowing for sure which of the two was the true Mr X (or indeed if either was; Mr X could have been fictional — it was that kind of fraud). The lawyers conceded that the statutory declaration had no probative value and they couldn't rely on it to establish anything; if they wanted to rely on anything it they would have to produce independent evidence. So the case proceeded as if the stat dec had never been put in.

As I recall the Commissioner faced some pointed questioning about what steps he took to verify the identity of persons who came before him, and I don't remember what exactly he had done in this particular instance. The person who had actually made the declaration was never identified so there was no question of penalising them. And that wasn't anyone's priority; my client was focussed on getting its money back, probably at the expense of another bank, and identifying and punishing this person was a sideshow, as far as they were concerned.
 
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@tom Edison

Which is not to say that there might not be secondary issues, e.g. when it comes to costs orders, or that there might not be professional issues for the lawyers involved if it becomes clear that they knew that the declaration was false.

I was answering the latter point about a lawyer getting into trouble about a false declaration in what I said about lawyers being well-covered here. I see the impossibility of a lawyer attesting to the essence of the declaration itself - not to mention their unwillingness to do such a thing.

Your story is illuminating, although it is an atypical case. More typical cases for statutory declarations exist. But no one I know in your profession seems to have knowledge of a person being penalised for making a false declaration. Not that the penalties are too deterring.
 
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