Ian*, a medical practice manager, was charged with fraud after falsely claiming money from Medicare. Ian had made over $220,000 in fraudulent claims over a period of nearly six years by lodging multiple false Medicare claims.
An aggravating feature to the Commonwealth offending is that Ian was in a position of trust (a medical practice manager) when the crimes were committed.
Previous Offences:
It’s worth noting that Ian had previously been convicted of similar offences.
During the period that some of the Commonwealth offending occurred, Ian was subject to a good behaviour bond for earlier dishonesty offences.
Maximum Penalty for: Obtain a Financial Advantage By Deception
This offence is found in section 134.2 of the Commonwealth Criminal Code.
(1) A person is guilty of an offence if:
(a) the person, by a deception, dishonestly obtains a financial advantage from another person; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 10 years and/or a fine of $66,000.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
Client receives light sentence despite previous dishonesty offences
O’Brien Criminal and Civil Solicitors were able to help Ian get a lighter sentence. Ian was sentenced to a total of 2 years and 9 months in jail, with a non-parole period of 10 months. After that, Ian will be released on recognisance (parole to Community Corrections) and will also have to pay $200.
Defend Yourself Against Criminal Charges with O’Brien Criminal and Civil Solicitors
At O’Brien Solicitors, we’re dedicated to helping clients charged with a range of offences, including those related to fraud and dishonesty. If you’re seeking legal advice or representation, trust us to provide expert guidance and support.
*Names have been changed for client confidentiality
