Former CEO used company money to buy mobile home and install Geodomes for wife's yoga, firm alleges

High Court

The former CEO of a non-profit electronic equipment recycling company allegedly conducted large-scale financial fraud on the firm of at least €3.3 million over a period of years, it has been claimed in Commercial Court proceedings.

Martin Tobin is also alleged to have used some €706,000 of European Recycling Platform (ERP) Ireland DAC funds for expenses which included flights or accommodation to Paris, Portugal, St Andrews in Scotland, membership for himself, family and friends with Portmarnock Golf Club, a five-room stay for family and friends in Adare Manor, gift cards, restaurants and two rooms for himself, wife and two friends in the Wynn Hotel, Las Vegas, in March 2022.

It included €232,000 in unvouched expenses, in one of which he claimed €1 per km for travelling some 3,000 km - and not the Revenue approved rate of some 25 cent per km, ERP says.

He also used the firm's money for home patio improvements, for a camper van conversion, and €87,000 to buy a mobile home in Wexford, it is claimed. He also used some €30,000 to install two "Geodomes" in his back garden which were apparently used for yoga/Reiki classes by his wife Fran, ERP says.

Mr Tobin, of Ellismore, Streamstown, Malahide, Co Dublin, is being sued for the recovery of the monies by ERP, a subsidiary of German company Landbell, which provides electronic device and battery recycling assistance for producers to fulfill statutory environmental obligations.

He denies the claims.

ERP is also suing two companies, Ecoplex Ltd and EC Environmental Ltd, and the controllers of those firms, Mr Tobin's sons, Neill and Dean, claiming they were paid some €3.3 million from ERP by Martin in an unlawful and dishonest fashion.

It is claimed Martin approved payments totalling some €2.4 million to Neill's Ecoplex between 2020 and 2024 for battery collection services at grossly inflated prices. Ecoflex had one, and sometimes two, collection vans in operation, ERP says.

It is alleged that to conceal the €17,000 camper van conversion costs, payments were made through Ecoplex while the contractor for the home patio work, costing €24,000 provided invoices to ERP for the supply of "storage cage/frames" (for waste electronics).

It is claimed Mr Tobin approved payments of some €915,000 to EC Environmental, whose majority shareholder is Dean Tobin. ERP says it is "a stranger" to whether or not EC Environmental provided any services.

The two corporate defendants and the Tobin sons also deny the claims.

The allegations are contained in an affidavit of ERP country general manager, James Burgess, for the purpose of seeking entry of the case to the fast track Commercial Court.

On Monday, Mr Justice Mark Sanfey entered the case to the commercial list after being told by ERP barrister, Paul Gallagher SC, and Keith Farry BL, for the defendants, the application was on consent between the parties. The judge also approved directions for the progress of the case.

In his affidavit, Mr Burgess said that in January 2024, Mr Tobin took a leave of absence on health grounds though continued to carry on certain functions and retain control over the company's bank account.

In August 2024, Landbell became aware that he had received a director's loan for some €19,000 from ERP which was against group policy. He apologised to the board and repaid it.

In September 2024, his wife informed the board his health had deteriorated and he stepped away entirely from his role with ERP.

Further investigations into his conduct were carried out by Teneo forensic accountants when the alleged financial regularities, which Mr Tobin denies, came to light.

Among other findings of Teneo was that of some €693,000 paid to him between 2020 and 2024, he received some €245,000 in gross bonus payments, which was some €123,000 in excess of the amount approved by the Landbell group.

Mr Burgess said that since September 2024, Mr Tobin had asserted intermittently that he was too unwell to engage with ERP in relation to the company's business. He also refused to attend an occupational health assessment arranged by the company.

"ERP harbours certain reservations about the accuracy of the information provided regarding the defendant's health", Mr Burgess said.

The reasons for this include a photo apparently showing him on a golf course in St Andrew's in Scotland in April 2025, which was also on a scheduled date for his attendance at an occupational health assessment, he said.

Another was a video apparently showing him celebrating after the Ireland/Hungary football match victory last November in Gibney's Bar in Malahide, along with his wife and son Dean.