Elderly Laois woman jailed for €270 k defraud of dead relative's pension

An elderly Laois woman will spend two years in jail after pleading guilty to theft of larceny of Social Welfare payments for nearly 30 years in respect of a dead relative.

Sitting at the Circuit Court in Portlaoise, Judge Keenan Johnson imposed a five years and six months sentence on Margaret Bergin, Fairfield House, Mountrath, for the theft of €271,046.20 from the Social Welfare system from 1993 to 2022. He suspended the final three years and six months meaning Ms Bergin will serve two years in jail for the fraud exceeding 28 years regarding the late John Bergin who died over 30 years ago.

In an extensive judgement, Judge Johnson described the case as 'extraordinary', Judge Johnson said Mr Bergin's death was never registered and the accused continued to draw down his pension 'until she was caught' in 2022.

The judge said the issue only came to light when an amateur genealogist discovered a person named John Bergin aged 110 was living in Laois.

"This is an extremely serious case of theft and fraud resulting in a huge loss to the State. The Social welfare system is built on trust and is there to ensure that those who deserve help and assistance from the State receive it. The actions of the accused were clearly premeditated because the death of the late John Bergin was never registered.

"It is clear that there were repetitive deliberate and conscious efforts by the accused to defraud the State and that adds to culpability and the gravity of the offending," he said.

The judge said Social Welfare inspectors were frustrated in their efforts to investigate. Eventually, they made an unannounced visit to the Bergin household in 2022 where they would find Ms Bergin's husband in bed purporting to be the  late Mr Bergin.

The gardaí later discovered the deceased's grave. In a search of the house, they found a bag of silver centenarian coins, the centenarian bounty cheque from the president for €2540 that had never been cashed and An Post receipts for the State pension. Mass and memorial cards for Mr Bergin were also found.

When interviewed by gardaí in 2022, she did not deny claiming the pension falsely or that she signed false documents in the name of the accused. She said she did not know when to stop. 

"By engaging in the type of criminal activity to which the accused has now pleaded guilty, she has conscientiously and systematically defrauded taxpayers...She has also seriously undermined the reputation of the Social Welfare system by exploiting and exposing its vulnerabilities," he said.

Judge Johnson said the court had been told that the accused acted independently and that none of her family were aware of what she was doing.

"I have to confess that I find this hard to believe, particularly as her husband Seamus impersonated his late father in order to deceive the inspectors from the Department," he said.

He continued: "I cannot help but feel despite her assertions to the contrary, that Mrs Bergin has allowed herself to be offered as a sacrificial lamb for the offending and that full responsibility does not rest exclusively with her," said the judge.

He said he also believed that if the family has benefited from the money defrauded, it should play a part in the reimbursement of the stolen money through the sale of some of the 99-acre farm now in the ownership of Mrs Bergin's son.  MORE BELOW PICTURE.

Margaret Bergin enters Portlaoise Courthouse with her son and husband. 

"I fail to understand why a portion of the family farm could not be sold or, alternatively, the farm could be mortgaged to finance the reimbursement," he said.

He said that sale of 15 to 20 acres would discharge the €191,046.20 owed to the State as the family had already repaid €75,000.

Outlining mitigating factors, Judge Johnson said her guilty pleas had saved the State funds that would have been incurred in a trial. He said she had a good insight into her offending and expressed 'great shame and embarrassment' and at times had felt like taking her own life.

The judge said that offending could attract a headline sentence of eight years. Taking into account the mitigation, guilty plea, remorse and restitution efforts, he reduced the sentence to five years and six months. He suspended the final three years and six months for six years due to Mrs Bergin's age and health.

The judge concluded. "It is with great regret that I feel duty-bound to send a 73-year-old grandmother to jail in this case. Some people may feel the sentence is too lenient and others may feel that it is too harsh, however, I have tried to impose a sentence that is fair and equitable and which sends out a clear message that no matter who you are or what your circumstances are, theft from the social welfare fund is such a serious offence because of the damage it does to society, that a custodial sentence, particularly where theft is prolonged and significant as in a case her will be unavoidable."

He directed that Mrs Bergin be afforded all the necessary and requisite medical treatment while in custody. He added that the Irish Prison Service has an excellent medical service which she would be able to avail of.