Dad of five its fraudulent €283,000 welfare claims following CAB probe
Tom Tuite
A father of five faces jail for unlawfully claiming almost €283,000 in social welfare payments uncovered following a Criminal Assets Bureau (CAB) investigation.
Judge Keenan Johnson remarked on the irony that John McDonagh, 50, Dalton Park, Mullingar, Co Westmeath, has begun repaying the money using funds from his current social welfare payments.
At Mullingar Circuit Criminal Court on Thursday, he imposed sentences totalling six years, but suspended four and a half on the condition McDonagh does not reoffend in the next five years. The prison term was postdated to commence in July.
McDonagh pleaded guilty to theft in connection with the social welfare fraud, unlawfully claiming a total of €282,881 in the Jobseekers Allowance payments from July 2009 until August 2022.
Over the same period, his bank s showed he had other lodgements totalling €382,000.
There were €8,000 lodgements in the first year, but the annual figures increased to €85,000 before being detected when he claimed some of that money was from selling cars.
A CAB officer agreed with prosecutor Cathal Ó Braonáin BL, instructed by State solicitor Matt Shaw, that McDonagh made his application for the benefit in July 2009.
Over the next 12 years, he kept g official forms declaring that he was unemployed but genuinely seeking work.
During the CAB investigation, a social welfare officer examined payments into his s.
A chart of lodgements was an exhibit in the case, illustrating how much he earned and received from social welfare.
When questioned by gardaí, he spoke about vehicle ownership and s he opened, which revealed a large number of transactions.
However, the court heard: "He stated while he could not recall a large portion of lodgements to his due to the ing of time, the ones he did recall were from selling cars and lodging money from one bank to another."
McDonagh had seven prior convictions, mainly from the District Court. However, they included two more serious offences from a 2008 Circuit Court case for violent disorder and a weapons offence for unlawful possession of CS gas, which resulted in a suspended sentence and community service.
Dara Foynes SC, defending, asked the judge to note McDonagh had chronic health problems since 2021 and had needed life-saving treatment. Medical reports were handed into court in relation to his ongoing health problems.
References from people he helped in his community were also furnished, and counsel submitted that incarceration would affect her client's repayment efforts.
McDonagh, who was granted legal aid, has paid the CAB and revenue a total of €44,167 to cover social welfare and income tax debt.
The court heard he was a carer for his wife, who also has health issues, and his elderly father depended on him.
Sentencing, Judge Johnson described the offences as premeditated, adding that they damaged the integrity of the social welfare system.
He said there needed to be a deterrent, and a message had to go out that engaging in social welfare fraud results in a custodial sentence.
Noting the accused's circumstances, Judge Johnson delayed the start of the sentence to allow McDdonaght to put his affairs in order.
It will take effect on July 10th, when McDonagh must hand himself into his local garda station to be brought to jail.
