Sentencing of former radio DJ over money-laundering scam adjourned

THE sentencing of a former radio DJ who had €15,000 lodged into her bank account as part of a money-laundering scam has been adjourned until next year to allow for additional materials to be presented to the court.

Nikki Hayes, aged 44, whose real name is Eimear Black O’Keeffe, pleaded guilty to possessing €10,000 as the proceeds of crime in a Permanent TSB bank account within the State on November 5, 2020.

Two further counts of possessing €2,600 and €2,400 as the proceeds of crime in her account on November 6, 2020, were taken into consideration by Dublin Circuit Criminal Court.

Judge Martina Baxter was informed last week that O’Keeffe, who has an address at The Way, Hunter’s Run, Clonee, Dublin 15, suffered a fall and attended St James’s Hospital in Dublin. She was later discharged with a reference to concussion.

Judge Baxter had adjourned the matter for finalisation to this Friday.

Defence counsel Keith Spencer told Judge Baxter that his client has now “accepted” she has a difficulty with alcohol and is taking steps to address this.

Negative urine analysis and a letter from Tiglin were handed to the court. Mr Spencer said his client is hoping to be offered a place before Christmas.

Defence counsel said his client was “greatly embarrassed” by “the publicity that goes hand in hand with an offence” and hadn't sought character references.

He said he received a number of unsolicited emails following media reports of the case. These included testimonials from O'Keeffe's family members.

He read out an email from O'Keeffe's former employer, Kevin Branigan, CEO of Classic Hits FM in which she was described as a “capable broadcaster” with a “good media profile”.

Mr Branigan's email stated that he knew O'Keeffe in a professional capacity, and it was clear she had some personal difficulties and was known as a vulnerable person. He said he never heard a bad word about her and expressed the hope that she would get the help she needed to get back on track.

Another email from O'Keeffe's brother-in-law was also read to the court. Mr Spencer told the court he was also contacted by O'Keeffe's sister, who had “not known” about her difficulties but is now providing support.

He said O'Keeffe's accommodation difficulties are “stabilising” and that she is staying in a hostel, but hopes to get council accommodation. He said his client also intends to repay as much of the bank's loss of €2,000 as possible.

He asked the court to consider adjourning the case to allow his client to continue with the steps taken.

Judge Baxter said the court had “genuine concern” that efforts by O'Keeffe towards rehabilitation only started after the last sentence date. However, she agreed to adjourn the case until April 11, 2024, and ordered an updated probation report and urine analysis.

Judge Baxter noted when someone is charged with an offence, there is “always public interest”. She also noted the “shame attached to offending”, adding that “a lot of people in similar circumstances are not fortunate to have” pro-social people around them.

At an earlier hearing, Garda Neill Gavin agreed with defence counsel that O’Keeffe was “genuinely vulnerable’ and struggling with her mental health at the time.

Mr Spencer said O’Keeffe was belatedly diagnosed with bipolar and borderline personality disorder and had been “preyed upon” by others operating a sophisticated money-laundering scam.

O’Keeffe’s marriage had broken down, and she had reached “rock bottom,” counsel added.

Kieran Kelly BL, prosecuting, said the offence came to light after the injured party in the case got a text message on his phone on the day purporting to be from Permanent TSB.

The message said the man had “paired with a new device” and should click on the enclosed link, so he followed these prompts and was brought to his PTSB bank account.

Three sums of €2,600, €2,400 and €10,000, totalling €15,000, were then withdrawn from the man’s account and went into O’Keeffe’s account, the court heard.

Over the next 24 hours, withdrawals of the money were made from Revolut and through a number of ATM transactions in Liffey Valley, Dublin.

Garda Gavin said a blonde lady was observed making the ATM transactions in Liffey Valley but that he was not in a position to say if it had been O’Keeffe.

The court heard that the remainder of the money was blocked and returned to the injured party, leaving the bank at an outstanding loss of around €2,000.

O’Keeffe was arrested and interviewed the following March and cooperated fully with gardaí, the court heard.

She told gardaí she had fallen on hard times and that someone had made contact with her and told her there might be a way of making about €2,000 if she allowed her bank account to be used.

Garda Gavin said when O’Keeffe saw the money coming into her account, she became alarmed, but that the person who had got her involved pressurised her to continue with the transactions.

She has six previous convictions for minor road traffic offences dating back to 2005.

Mr Spencer said O’Keeffe was in debt to the tune of €53,000 at the time of the offence, owing money to RTÉ and to various institutions in personal loans.

She sold her car and used some of the proceeds to pay off her car loan and also to bring her daughter to Disneyland, the court heard.

Counsel said O’Keeffe had struggled with her mental health for many years, had been misdiagnosed and had not been compliant with her medication at the time of the offence.

She agreed with gardaí in an interview that she had been reckless in providing her card details to an erstwhile friend who had told her there was an easy way of making money.

O’Keeffe met a person in Blanchardstown, handed over her details and bank card and was told they would be returned at the end of the day, but she did not get her card back.

She told gardaí that when she saw irregularities in her account, she told her contact that she was going to the guards, but that the other person then threatened to burn down her house.

O’Keeffe told gardaí she was not the person who had withdrawn the sums of money from ATMs in Liffey Valley.

Counsel said O’Keeffe had built up a very successful radio career over 24 or 27 years, starting at the age of 15, under the pseudonym of Nikki Hayes.

She had worked at RTÉ for eight years and also for Spin 103, Classic Hits and East Coast FM, but is no longer employed in radio as a direct consequence of this case, counsel said.

“She had a very successful career in radio... and someone who builds themselves up that high often has further to fall,” counsel added.

A probation report had placed O’Keeffe at high risk of reoffending, but Garda Gavin agreed with defence counsel that she was unlikely to re-offend as her mental health has since stabilised.

The court heard that O’Keeffe did not benefit materially in any way from the offence.

Counsel said O’Keeffe’s life had been punctuated by mental health struggles, including anorexia, addiction issues and post-partum depression, but that she has completely overcome these issues and is now compliant with her medication and off alcohol.

Her ex-husband has custody of their daughter, and O’Keeffe sees the child twice a week, the court heard.

O’Keeffe is currently doing an accountancy course and has written a book called “Crying into the Saucepan” about her struggles with mental health, the court heard.

Counsel said she has been very public about her desire to assist others who struggle with mental health.

Mr Spencer said his client pleaded guilty at first opportunity and is committed to repaying the outstanding €2,000 to the bank when her financial situation improves.

Judge Baxter previously adjourned the case in order for the defence counsel to provide more paperwork on O’Keeffe’s alcohol status and information regarding when she stopped working on the radio.