Two men living in Longford avoid conviction for fraudulent use of PPS card
Judge: Defendants had 'engaged in dishonesty' but did so out of what they believed to be 'financial necessity'
Two men who appeared before Judge Vincent Deane charged with fraud in connection with the use of a PPS number had the case against them concluded at Longford District Court.
Marcelo Archanjo De Oliveira whose given address was above Mitchell Meats, Main Street, Drumlish, Longford was charged with one offence.
The defendant is accused of by deception inducing a named individual to provide him with employment on March 6, 2022 at The Park Hotel, Kiltimagh, Mayo.
Co-defendant Clecio Riberio Novaes, who had the same address, was charged with an offence on the same date. Mr Riberio Novaes's charge is that on dates between February 17, 2022 and March 1, 2022 he aided Mr Archanjo De Oliveira to commit an indictable offence, fraud, by providing a PPS number belonging to another person.
The court was told when the charge was put to Mr Archanjo De Oliveira he replied 'Okay', while when Mr Riberio Novaes was arrested and cautioned he apologised.
The Director of Public Prosecution had consented to have the charges against the two men dealt with in the District Court as the facts of the two cases are connected.
Ms Mimnagh, acting for both defendants, explained to the court that Mr Archanjo De Oliveira came to the country over a year ago on a tourist visa and had stayed with his brother in law.
The defendant was looking for work and used a PPS belonging to a third party to gain employment at the Park Hotel, Kiltimagh. He used a bank account of his brother-in-law to collect his wages.
Ms Mimnagh said that nobody was at a loss as a result of the offence. The matter came to light when the third party, who no longer lives in Ireland, was contacted about the use of their PPS number.
The solicitor said her clients had co-operated fully with the investigations, and Mr Riberio Novaes has lived in Ireland for five years and has never been in trouble. Ms Mimnagh said all taxes were paid, and that Mr Archanjo De Oliveira was in the process of regularising his situation.
“He just wanted to work, but he went about it the wrong way. The man whose PPS number he used had gone back to Brazil, he was not at any loss because of the offence,” Ms Mimnagh said.
The solicitor said the nature of the offence is similar to one that has been committed by countless Irish people in the US down through the years.
In concluding matters Judge Deane said it has to be acknowledged the defendants had “engaged in dishonesty”, but accepted they did so out of what they believed to be “financial necessity”.
The judge accepted that it was “a one off offence”. Noting that both men are contributing to society and that a criminal conviction would have an undue impact on their employment status he said he would apply the probation act.