It is a central contention here that IMRO used fake song registrations to do money-laundering. Of course, they also did common-garden rip-offs of Irish musicians, along with the oher criminals who took Irish music down from its truly worldcalss status of the mid-90's Lest anyone think this farfetched, HSBC got away with exactly the same;
“When an employee
in....HSBC,,,,started looking into how people on terrorist or
criminal watch lists opened accounts in his company, he found
something odd. In many cases, commas or periods were being
surreptitiously added to names, so they would elude the bank's
computer screening systems” P xxi
“Essentially , HSBC....has
enthusiastically opened its vaults....allowing embezzlers, human
traffickers and mass murderers unfettered access”P 59
Taibbi, M (2014) The divide NY: Random
House
In 2012, I got a phone call out of the blue from the legendary accordeon player, Joe Burke, ripped off by the same people. Apparently, the only reference to this epidemic of theft was my site. In any case, here is the material;
1. The Irish music scam
Sequence: 1. Late 1980's/ early '90's.Shay Hennessy is fired as head of
K-Tel Ireland. His company Crashed Music Ltd is struck off, despite his prominence as Fianna Fail appointee to many State boards over 30 years to date. The Taxing master later pronounces a judgement of 100,000 pounds against him after his unsuccessful appeal to the EAT. 2. Early 1990's : Oliver Sweeney sets up CBM Ltd. and later its publishing arm Dog Music Ltd. He signs a multitude of artists to CBM Ltd., including Sean Keane, Cran,Barry Ronan, Draoichtand Melanie O'Reilly. Melanie does not sign a publishing deal, and signs only heads of agreement for one CD recording, as Sweeney himself admits in writing. 3. Mid-1990's : Hennessy claims copyright on Melanie's compositions at MCPS London through the trader name Crashed Music. The Gardai are later sent a file of some of these spurious claims, anonymously, though MCPS is itself a possible source. 4. Dec. 1996: CBM Ltd is struck off just as a High Court case taken against it by Sean Keane is about to proceed. CBM Ltd. trades openly after dissolution, until 1998 at least. Files are sent to Dept. of Ent. Trade & Employment proving this. Paul Vickers, Harney's secretary writes to Melanie stating the precise documentation required for a prosecution. When this is supplied, Dete phones to say that prosecution of CBM Ltd and record services can take place. Other companies are also implicated. No prosecutions have occurred 6 years later. Other complaints were lodged at that time concerning Dog and Ecellent Ltd. 5. Record Services Ltd. , struck off in 2000, continues to trade openly, even after losing lawsuits and after complaints to DETE. Paul Mc Guinness is listed as one of the Directors. 6. IMRO gets the unambiguous right to collect for broadcast music in bars and arts centres in 1996. 7. Hennessey becomes Chair of IMRO in 1997. 8. Musicians transferring their works to IMRO from the British PRS in the 1990's find miscellaneous publishers like Dog Music Ltd , Crashed Music Ltd. and Gael Linn Teoranta illegally associated with them. 9. Melanie O'Reilly finding the same illegal transfer of her copyright, goes through the MCPS/PRS Alliance duplicate claims procedure, a procedure accepted by IMRO. 10. Dog Music publishing Ltd. who claim Melanie's/Nuala Ni Dhomhnaill/David Milligan's works on Melanie's album "Tir Na Mara", are written to: -C/O Crashed Music -their common address. Neither reply and copyright is returned to Melanie, Nuala, and David in 2001. Dog Music publishing Ltd. Have already been dissolved Mysteriously, Hennessy's illegal claims are done t/a Crashed Music, versus using his company Crashed Ltd. However, only Crashed Ltd, which was reinstated under the auspices of then Minister Bertie Ahern in 1992 is registered to trade as Crashed Music. 11. Matheson Ormbsby Prentice, acting on behalf of IMRO, vociferously deny Hennessey has any beneficial interest in Melanie's works other than the slight amount associated with Dog Music Ltd. This is untrue, as proven later in written correspondence from MCPS. MCPS do not pay Melanie at any stage until threat of legal action in 2006. 12. 2003: MCPS in correspondence with Melanie, mediated by the British Musicians Union, categorically state that contrary to MOPS repeated objections, Hennessey's Crashed Music had actually claimed Melanie's works. The 250,000 euros, or so , due to Melanie for the illegal licensing of her works as well as the 60,000 euros of legal fees and considerable damages, are therefore due to Melanie. 13. 2000: Melanie, along with other musicians, Maurice Lennon, and Donal Lunny make detailed statements to the Gardai about copyright fraud involving Dog Music, Crashed and Gael Linn. Melanie finds her compositions and recordings on 8 compilations for which she has not given permission. Sales figures indicate total units of at least one million. 14. Garda Mulvey is taken off the case, but Dail questions ensure a smooth handover to Garda Mooney. Mooney and Mulvey see preliminary evidence of massive fraud at IMRO, with bogus song titles being created, and attributed to musicians without their knowledge, as well as the theft already outlined. 15. 2001-2002: Mulvey and Mooney interview all parties concerned in Ireland and Britain, and find that all Melanie's, Donal's and Maurice's stories ring true. Mulvey himself buys one of the bootleg Cds in Ireland. 16. 1998: Hennessey signs a deal with Labhras O Murchu agreeing that IMRO can issue a license for Irish music. As much Irish music is not registered with IMRO, and much else is public domain, this is illegal. While signing, O Murchu denies doing so in the Seanad (see beyondthecommons.org). Around the same time Hennessey is made a Peace commissioner 17. The Gardai submit a detailed 120 page file to the DPP who sits on it for almost 2 years. In mid 2003, an article appears in the Sunday Independent saying that the DPP declines to prosecute according to "sources close to the investigation". The Sunday Independent admits IMRO is the source. 18. The Gardai, whose first knowledge of the DPP's decision is the Sunday Independent, are informed of it officially 2 weeks later. The DPP, acting outside his remit, recommends civil action against Hennessey and Sweeney. However, more evidence has since arrived for the DPP's consideration. 19. 2004: Mistletoe Music LLC is reliably informed that Hennessey, back on the board of IMRO after a short absence, is working with Gael-Linn, a former employer of Oliver Sweeney. 20. 2004-2005: The Arts Council of Ireland criticises the IMRO -Murchu deal. Una Bhean Murchu resigns from the traditional committee chaired by Philip King,issues a minority report from that committee, and a wholesale campaign contra the Arts Council begins. Una's Cashel "Bru Boru" centre has been the major beneficiary of the IMRO deal. 21.Summer 2006; Melanie O'Reilly and Sean O Nuallain meet with Paul Appleby for two hours, handing him numerous documents that got mislaid on their passage from dete to him. Appleby promises High court action within two months. 22.November 2006; Mistletoe music llc receives documents showing that Hennessy's claim on Melanie's material antedated her legal claim. This is in contradiction to what both MCPS and IMRO are contending, and MCPS is reminded of this. 23Dec 2006; following a prolonged silence from Appleby, he confirms that there is unlikely to be any prosecution after all. 24. Accounts finally arrive from MCPS, showing that, nearly 7 years after the original complaint against them, both Dog and Excellent are still trading as limited companies. 11 years after being recorded, Melanie's compositions are still making 100 sterling or so a week. 25. June 2007; Melanie meets Minister Eamon Ryan, who agrees that her constitutional rights have been violated, and undertakes to contact Appleby 26. August 2007; Appleby writes to rescind his undertaking to proceed with High court action. |
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Update
Feb 27 2008
1. Initial contract whereby the work of up to 50 Irish musicians was pirated is obtained 2. Appleby et al continue to refuse to act February 2009 There has still been no enforcement of any of the relevant legislation. In the meantime, for similar reasons as for the failure of the Irish music industry, the Irish banking sector collapses. May 2009 Through his British solicitors, Clinton, Hennessey sues the owner this site in an attempt to get the content removed. After consulting with our New york lawyer dealing with the case, who points out that truth is the best defense against libel, the site is left as is with only the letter from MCPS acknowledging the defeat of Hennessey's copyright claims added. Clintons are referred to our lawyer in Britain, and discouraged from continuing the long-standing British tendency of interfering in Irish affairs. They are reminded that they have no jurisdiction in Ireland, which like the USA, fought a successful revolutionary war against Britain
April 2010
Melanie O'Reilly secures a settlement with
Valley, and secures a default judgement against St Clair.
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Finally,
defeat for the Irish music scam! Na buachailli baire ar lar!!
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