29-05-2025
Fraudster jailed for four years over €120k ‘spree' selling machinery he didn't own
Judge says level of manipulation used by David Fogarty was 'simply outstanding'
A businessman has been jailed for four years over a 'spree of deception' in which he conned machinery buyers out of over €120,000.
A judge said David Fogarty (28) showed a 'simply outstanding' level of deceit and manipulation right up to the day he was imprisoned when he claimed to have €30,000 for his victims, which was not actually available.
Clonmel Circuit Court heard how Fogarty, of Killea, Templemore, Co Tipperary, would dupe unsuspecting buyers up and down the country into paying thousands of euro for JCBs and mini-diggers that were not his to sell.
He had pleaded guilty to charges of theft, deception and using a false instrument between 2021 and 2023.
Fogarty also admitted to attempting to pervert the course of justice by using fake letters for addiction treatment to delay his court case.
His victims lived in Donegal, Cork and Tipperary, with one man having to close his business and falling into depression after losing over €42,000 because of Fogarty's scam. Fogarty continued to offend while out on bail and defrauded another victim out of €33,000.
In yesterday's sentencing hearing, the court was also informed that Fogarty had sums of €22,000 and €30,000 available to reimburse his victims, which the judge wanted verified.
Following inquiries, Det Gda Mark Cullinane told the court that the sum of €30,000 was not available.
David Fogarty
News in 90 Seconds - May 29th
Judge Catherine Staines later said that the 'level of deception, deceit and manipulation' shown by Fogarty 'is simply outstanding, even up to today'.
Prosecution counsel Ed O'Mahoney had previously taken gardaí through the details of Fogarty's crimes.
Det Gda Cullinane, of Thurles garda station, said one victim was at a loss of €42,000 in relation to the sale of two vehicles.
Fogarty had sent pictures of a JCB telehandler to the buyer and used an invalid Vat number as evidence of ownership to sell it, even though it was not his. The buyer transferred €33,210 to Fogarty, but the vehicle was never delivered.
In another deal about the same time, Fogarty came into possession of a mini-digger on finance using false identification and sold it to the same buyer for €8,850. The machine was later repossessed by the finance company and the buyer was at a loss.
In another case, Fogarty was tasked with collecting a mini-digger for a man living in Schull, Co Cork, but instead sold it to a buyer in Roscrea for €8,000.
Det Gda Donna Ferguson, of Letterkenny garda station, gave evidence of a buyer in Donegal inquiring about a mechanical lift vehicle being advertised online.
A total of £36,900 (€42,649) was sent to Fogarty after the purchaser was shown a false bank document saying the finance on the vehicle had been cleared.
As a result of fraud, the buyer had to close his business, was at a serious financial loss and now suffers from depression.
Judge Staines said aggravating factors in the case were the sums of money involved, the impact on the victims and the 'spree of deception'
Liam Carroll BL, defending, said his client wanted to apologise to his victims, and that he did not understand the 'stress' he had caused them.
He said Fogarty was not offering any 'salacious excuse involving gambling or drugs', but that he was fearful prospective customers for his new business would not return.
Counsel said the defendant became involved in a 'cycle of indebtedness' by taking money from two individuals for the same thing and trying to find alternative machinery in the meantime.
Judge Staines said aggravating factors in the case were the sums of money involved, the impact on the victims and the 'spree of deception'.
She also said Fogarty's 'lies, deception and manipulation know no balance' and that he went on to deceive the district and circuit courts by handing in false letters through third parties.
Mitigating factors in the case were Fogarty's young age at the time of the offences, his guilty pleas and his apologies to those he deceived.
She sentenced him to two years concurrently on most of the deception and theft counts, but ordered that he serve a concurrent two-year jail term over the Nenagh investigation because it was committed while he was on bail.
After jailing Fogarty for a total of four years, the judge also praised the gardaí involved and acknowledged that the case took a huge amount of investigation and dedication.
