Woman imprisoned for 28-year fraudulent pension claim

A 73-year-old woman has been sentenced to two years in prison for fraudulently collecting her deceased father-in-law’s pension for over 28 years. Margaret Bergin, whose address is Fairfield House in Mountrath, County Laois, illegally obtained the state pension of John Bergin, who passed away in 1993 at the age of 82. The total value of the fraudulent claims amounted to €271,046 (£226,978). Concerns were first raised in 2022 when an amateur gerontologist—an individual who studies aging—conducted research regarding a man he believed to be 110 years old. He subsequently contacted Áras an Uachtaráin, the official residence of the President of Ireland, to inquire about relevant records. The court heard that in April 2022, when welfare officers visited Fairfield House, Ms Bergin informed them that her father-in-law did not wish to be disturbed. After a period of waiting, the officials were introduced to a man in bed, wearing his shoes, who was considerably younger than Mr Bergin and bore no resemblance to him. Following her arrest, Ms Bergin confessed that the man in the bed was her husband and that she had been the one signing the documents. Ms Bergin paid €35,000 in compensation in June, but the judge, expressing dissatisfaction, adjourned the case to allow for a more complete restitution to be arranged. Bergin received a sentence of five and a half years in prison at Portlaoise Circuit Court. She will serve two years of the sentence, with the remaining three and a half years suspended, after admitting guilt to 10 representative charges of theft and five representative charges of larceny. Judge Keenan Johnson characterized the case as “an extremely serious case of theft and fraud, resulting in a large loss to the State,” according to Irish broadcaster RTÉ. The court was informed that Ms Bergin had been collecting her father-in-law’s pension for 28 and a half years after his death, specifically between December 1993 and February 2022. Defence counsel Damien Colgan told the court this week that Ms Bergin was offering an additional €40,000, stating, “there just is no other monies available,” and that the defendant could contribute €50 per week from her own pension. However, this still left an outstanding loss to the State of €196,046.28, as explained by prosecution counsel Will Fennelly. Ms Bergin had been authorized to withdraw her father-in-law’s pension while he was still alive, having served as his carer. Mr Colgan read aloud a letter of apology from Ms Bergin, which stated that she had made the significant error of continuing to collect her father-in-law’s pension after his passing, but claimed she felt trapped. She expressed shame and embarrassment regarding her actions, pleading with the judge to “show me as much mercy as you can.” The judge stated that there were “repetitive, deliberate and conscious efforts by the accused to defraud the state,” adding that Ms Bergin had “conscientiously and systematically defrauded taxpayers.” Ms Bergin had “seriously undermined the reputation of the social welfare system by exploiting and exposing its vulnerabilities,” he further remarked. He said: “Every single year that the fraud went on, the accused actively perpetrated the fraud by forging the signature of the deceased.” In delivering his sentence, Judge Johnson conveyed that it was “with great regret” that he felt duty bound to send a 73-year-old grandmother to jail. The judge noted that the duration over which the fraud was perpetrated constituted a “hugely aggravating factor.” He also stated that her actions were clearly “planned and premeditated.” “Some people may feel that the sentence is too lenient and others may feel that it’s too harsh, however, I have tried to impose a sentence that is fair and equitable and which sends out a clear message.” Regardless of circumstances, theft from the social welfare fund “is such a serious offence because of the damage it does to society,” the judge added. “A custodial sentence, particularly where the theft is prolonged and significant as is the case here, will be unavoidable.”