Man who defrauded State of €60,000 receives suspended sentence

An Angolan father of five who defrauded the State of €60,000 after he signed on the dole while working in a Dublin hotel has been given a suspended sentence on condition that he refund the money.

Ernesto Capitao (aged 39) of Corduff Grove, Blanchardstown, signed up for unemployment assistance on February 18, 2003 under the fake name of Louis Pedra Sebastiano and using a bogus PPS number. He had been earning €300-350 gross per week at Wynnes Hotel at the time.

Capitao pleaded guilty at Dublin Circuit Criminal Court to making a false statement that he was unemployed to get job seeker's allowance and to using a false identity on dates between February 18, 2003 and November 7, 2006. He had no previous convictions.

Declan Coyle of the Department of Social and Family Affairs told Judge Patrick McCartan that he received confidential information in relation to Capitao. He had since set up a weekly €20 standing order to the department in order to reimburse them.

Judge McCartan said he had taken into account that Capitao had not been in trouble with the gardaí before but said he did not believe that he had made "significant efforts" to reimburse the state.

He sentenced him to 18 months in prison, which he suspended on condition that Capitao increase his standing order to the department to €50 per week.

Mr Coyle told Mr Vincent Heneghan BL, prosecuting, that Capitao made admissions and accepted that he had been using a bogus name and PPS number.

Mr Coyle accepted in cross-examination from Mr Tony McGillicuddy BL, defending, that Capitao is caring for his family and is trying to do the best for them.

He further accepted that there was "discussion at one stage" of an intention on Capitao’s part to increase his standing order to the department.

Mr McGillicuddy said that his client, who had been given residency in Ireland on the basis of his Irish-born children, is now on a FÁS course and earning €450 per week.

He said he had initially been refused unemployment benefit when he first came to Ireland and he was not receiving any other benefit from the State when he took up the position in Wynnes.

He asked Judge McCartan to accept that Capitao had been contributing to the State while working in the hotel through both his PAYE and PRSI tax deductions.

Mr McGillicuddy said that his client, who has been living in Ireland since 1999, felt it necessary to leave Angola due "to circumstances there" and has tried to make the most of his life here.

He hopes to start working as a lorry driver and is doing courses in an effort to get the necessary qualifications to get a position in this regard.

Mr McGillicuddy said Capitao had been trying to make ends meet for his family, did not manage to do so and took a wrong step in getting involved in this crime.