The operator of an illegal “dodgy box” TV streaming service has been given a 16-month prison sentence for the possession of over €900,000 in criminal proceeds from the business.
Ciaran Donovan (42), a married father of four from Ashfield, Kildare Town, pleaded guilty to three charges of possessing the proceeds of crime contrary to the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.
The businessman had operated King Kong Media – a company which provided an illegal TV streaming service by charging customers for codes to access pay TV channels like Sky Sports and BT Sports.
Donovan pleaded guilty to possession of €470,511 which had passed through bank accounts linked to King Kong Media between January 2016 and March 2022 following an investigation that had been initiated by Sky TV’s anti-piracy unit.
The accused subsequently pleaded guilty to two similar charges earlier this month relating to €239,989 in a Bank of Ireland account in O’Connell Street, Dublin between October 5th, 2021, and November 14th, 2023, as well as €191,009 transferred to a Stripe account between the same dates.
Donovan was sentenced to three years and four months on the charges relating to what Judge Martina Baxter described as an “extensive and sophisticated” business.
However, the judge suspended the final two years for a period of 30 months on a number of conditions including that Donovan does not engage in any alleged activity involving illegal TV streaming on his release from prison.
She warned Donovan that he would face serving the remainder of the suspended sentence if there was any suggestion he had resumed his previous activity.
The judge also ordered him to place himself under the supervision of the Probation Service for the period of his suspension.
The court had previously heard the illegal service operated by the accused had cost the operators of pay TV channels potentially €4.38 million in lost revenue.
At a sitting of Naas Circuit Criminal Court on Wednesday, Judge Baxter noted that the victims also included customers of Donovan’s illegal business whose number had increased from 2,500 to 5,000 over the course of his offending.
Judge Baxter said Donovan had given the impression from King Kong Media’s website that it was a commercial, legal business.
She noted the service had been advertised across a number of social media platforms to encourage customers to illegally access subscription channels and it was a “profitable and well-organised enterprise.”
Sophisticared business
The judge said it was a “complex and sophisticated” business which had even employed sales and support staff.
She said Donovan was easily identifiable as the person controlling the business and who operated the content on King Kong Media’s website to create the impression that it was “a lawful and legal operation.”
“He was the face of King Kong Media,” the judge remarked.
The court heard Donovan’s bail was revoked after it emerged that the business was still operating after the prosecution against him on the first charge had been initiated and after he had given an undertaking last January to close down the service.
However, the accused was released from prison in May after spending six weeks in custody in order to facilitate the shutting down of King Kong Media.
Donovan was again remanded in custody following his last court appearance earlier this month after it was confirmed that the business had ceased operations.
The judge said she regarded it as an aggravating factor that the service had continued in operation even after Donovan had entered a guilty plea on the first charge.
She noted he had also been keeping his customers up to date on what was happening with the business.
Judge Baxter said the company was clearly profitable and that “financial motivation” was the key factor in Donovan’s offending.
The court heard that Donovan, who now operates a car valeting business with his son, had an extensive history of working in the IT sector and subsequently as a self-employed businessman.
The judge acknowledged that one of Donovan’s young children was a five-year-old with special needs and his family relied on him.
She also accepted that Donovan was at this stage ashamed of his behaviour.
Addressing the more recent charges, the judge said it was quite clear that King Kong Media, which had “many guises,” had continued in operation even after the case had come before the courts and that Donovan had still been benefiting from its illegal activity.
She said he had also shown a persistent disregard for the law, although she accepted he had changed his approach after spending time in custody and was now contrite.
The judge acknowledged that the accused had also kept his word about closing down the illegal service.
Donovan has 41 previous convictions for a range of offences with the judge noting that he had told his customers that he had been in court for the no-payment of his TV licence.
Judge Baxter said his sentence would take into account that he had already spent over two months in custody.
