The Court: County Court of Victoria
The Lawyer: David Dribbin
The Charges:
The Allegations:
The client was a finance officer at a private residential aged care facility in Victoria. From 2015 to 2020, the client diverted funds belonging to her employer to herself, either in cash or via the 47 bank accounts created for this purpose. The total amount obtained over the five-year period was $1.4 million. The fraudulent activities eventually ended when the bank and the facility’s CEO instigated an enquiry into the missing funds.
The Director of Public Prosecutions proceeded against the client for Obtaining Property by Deception. The employee was summoned to appear in the County Court of Victoria in Melbourne.
Fraud is a criminal offence involving dishonest conduct intended to obtain a benefit or some form of personal gain. It is governed by section 81 of the Crimes Act 1958 (Vic). It carries a maximum penalty of 10 years’ imprisonment.
At Court:
Once the client’s fraudulent activities were uncovered, she fully cooperated with her employer and the authorities. She assisted the police with their enquiries, providing financial records and a 14-page spreadsheet to help identify the misappropriated money.
The client also repaid approximately $60,000. Although this amount was a fraction of what had been misappropriated, the sentencing Judge found this extremely persuasive when combined with the client’s cooperation and remorse. A further refund of $43,000 from the bank to the aged care facility was also arranged.
The client in this matter was living with psychological conditions arising out of a difficult childhood. She suffered from depression and low self-esteem. Our solicitor had the client engage with a forensic psychologist to obtain a report to tender to the court, and also advised the client to engage in ongoing counselling to treat her mental health.
The Outcome:
The matter went before the Judge on a guilty plea. Our solicitor made lengthy submissions, and a number of documents were tendered to the court in support of the client. The sentencing Judge referred to the counselling our client had undertaken and found that she had done everything possible to address her offending and rehabilitation. Our solicitor also tendered the forensic psychologist’s report, which went into detail about the client’s childhood and psychological conditions.
Based on these factors, the employee was sentenced to five years’ imprisonment, with a three-year fixed non-parole period. A restitution order for the repayment of $1,303,543 was also made.
