Martin ‘The Viper’ Foley, a notorious figure in Dublin’s criminal underworld, has been ordered by the Irish courts to repay nearly €1 million in outstanding taxes. Failure to do so within 18 months will result in the Criminal Assets Bureau (CAB) seizing and selling his family home in Kimmage, Dublin. This development marks a significant chapter in Foley’s contentious history with Irish law enforcement and the judiciary.​

Background

Foley, now 74, has a criminal record spanning several decades, including convictions for assault, robbery, and possession of weapons. He was notably associated with the criminal gang led by Martin Cahill, known as ‘The General,’ and has survived multiple attempts on his life. Despite his extensive criminal background, Foley has consistently contested actions taken against him by authorities.

The Tax Debt

The current legal proceedings stem from a High Court judgment obtained by CAB for unpaid income taxes and accrued interest totaling €916,960. Efforts by the Sheriff to seize assets from Foley’s residence yielded only €2,503, prompting CAB to seek a well-charging order against his property at 114 Cashel Avenue, Kimmage. This order would grant CAB the authority to sell the property to recover the owed taxes. ​

Family’s Legal Battle

Foley’s wife, Sonya, 48, has actively opposed CAB’s efforts, asserting that the sale of their home would render her and their nine-year-old daughter homeless. She claims a 50% interest in the property, stating it is her principal residence and that she has no liability concerning her husband’s tax debts. Sonya, an unemployed social welfare recipient, emphasized the lack of alternative housing options, highlighting the potential detrimental impact on their child. ​

Court’s Decision

Judge Fiona O’Sullivan granted CAB a well-charging order against the property but issued an 18-month stay on the order, considering the welfare of the couple’s young daughter. This period allows Foley time to settle the outstanding debt. Should he fail to do so by September 2026, CAB will be authorized to proceed with the property’s sale. ​

Foley’s Defense

In his defense, Foley proposed entering a mortgage-to-rent scheme, allowing CAB to sell the house while permitting his family to continue residing there through a payment plan. He also offered CAB the potential proceeds from two defamation lawsuits he has initiated against the BBC and Penguin Books. Additionally, Foley claimed he had an understanding with CAB and the Revenue Commissioners that his tax debt would not be pursued if he refrained from pursuing a case against Charles Bowden, a former associate turned state’s witness. ​

CAB’s Position

CAB has remained steadfast in its pursuit of the tax debt, emphasizing Foley’s long-standing obligations. The bureau has highlighted the minimal assets recovered from previous enforcement actions and the substantial amount still owed. CAB’s counsel, Shaula Connaughton-Deeny, argued against extended stays on the enforcement order, underscoring the necessity of resolving the debt promptly. ​

Implications

This case underscores the Irish authorities’ commitment to holding individuals accountable for unpaid taxes, regardless of their criminal notoriety. It also highlights the challenges faced by families intertwined with individuals involved in criminal activities, particularly concerning asset seizures and financial liabilities. The court’s decision to grant an 18-month stay reflects a balance between enforcing tax laws and considering the welfare of innocent family members.​

Martin ‘The Viper’ Foley’s ongoing legal battle with the Criminal Assets Bureau serves as a poignant reminder of the enduring consequences of criminal activities and financial mismanagement. As Foley faces the potential loss of his family home, the case illustrates the complexities of balancing justice, familial welfare, and the enforcement of financial obligations.​

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