Gran locked up with dangerous prisoners after claiming dead relative's pension for 28 years
Margaret Bergin is expected to serve the two year sentence handed down to her yesterday for the €271,000 scam in the Dochas women's prison in Dublin - home to female killers and serious criminals
by Antony Clements-Thrower, Michael O'Toole · The MirrorA grandmother has been incarcerated alongside some of Ireland's most dangerous female prisoners after being jailed for a massive pension scam.
Margaret Bergin is expected to serve her two-year sentence, handed down yesterday for the €271,000 (£228,000) scam, in Dublin's Dochas women's prison - home to murderers and serious criminals. The 73-year-old was sentenced by Judge Keenan Johnson at Portlaoise Circuit Criminal Court after admitting to falsely claiming her deceased father-in-law's pension for over 28 years.
She was initially given a five-and-a-half-year sentence, but the final three and a half years were suspended, leaving her with a two-year term. However, with standard remission, she will only serve 18 months. Sources suggest she could receive enhanced remission, which would reduce her sentence to 16 months, making her eligible for release by March 2026.
Meanwhile, she will be sharing Dochas with nearly 150 other women, including convicted killers. Among her fellow inmates are Regina Keogh, 47, serving a life sentence for the Kinahan cartel murder of Gareth Hutch in May 2016, and Paula Farrell, 51, also serving life for the knife murder of Wayne McQuillan at her home in Rathmullen Park, Drogheda, Co Louth on New Year's Day 2014.
Sabrina Cummins, 44, of Ringsend Park, Dublin 4, who is serving a life sentence for the murder of Thomas Horan at his home in the same area of the capital in January 2014, also resides in Dochas, reports the Irish Mirror.
Mrs Bergin is set to serve her prison sentence in one of eight units, known as houses, within the Dochas complex, sharing her space with up to seven other inmates. She'll have an en-suite room and a key to it, allowing her some freedom to move around within a designated area during the day.
However, the houses will be locked down at 7.30pm. Each house also boasts its own sitting room complete with a TV and books.
Mrs Bergin, who resides at Fairfield House in Mountrath in Co Laois, was sentenced today at Portlaoise court after admitting guilt to 15 charges related to a 28-year scam. The grandmother confessed to 10 counts of theft and five of larceny linked to her fraudulent claims of the State pension belonging to her in-law John Bergin, who passed away in 1993 aged 82.
From December 1993 to February 2022, Mrs Bergin managed to pocket €271,046.28 before her crimes were finally exposed. Detective Garda Peter Crosbie previously told the court that an investigation into the fraud was initiated after an amateur gerontologist reached out to Áras an Uachtaráin in March 2022 to question records suggesting a 110 year old man resided in Mountrath.
The researcher, dubious of the individual's details, thought the claimant's birth date of July 2, 1911 would make him the oldest man in Ireland. Officials from Áras an Uachtaráin then contacted the Department of Social Protection (DSP), whose officials discovered the fraud after visiting Bergin's home in Mountrath.
Det Garda Crosbie revealed in court that numerous attempts by DSP officials to check on a centenarian were thwarted by the accused with various excuses, such as an unwell father-in-law. It emerged that no record of Mr Bergin's death could be found, and when questioned, Mrs Bergin insisted no district nurse visited because she, being a nurse herself, was fully capable of caring for him.
Suspicious of "deliberate attempts" to impede them, the DSP officials decided to directly visit the Bergin home. Upon arrival, they were asked not to disturb Mr Bergin and faced a delay at the door before being led to a bedroom.
There, they were introduced to a man in bed purportedly Mr Bergin who was described as "deaf and confused."
Det Garda Crosbie expressed doubts about the identity of the elderly man, noting he looked too young and didn't match a provided photo. Additionally, the individual appeared to be dressed in full clothing, including shoes or boots under the covers, and there were no medical aids present that would be expected for someone of his age.
Det Garda Crosbie revealed that he had located Mr Bergin's grave in a cemetery in Clonad, Co Laois and confirmed with a local undertaker that the accused's father-in-law had passed away in November 1993 at the age of 82. The detective also found silver coins, given annually by Áras an Uachtaráin to centenarians, during a search of Mrs Bergin's home on May 10, 2022.
He stated that when questioned about the coins from the President, Mrs Bergin claimed ignorance. The search also uncovered an uncashed cheque for €2,540 from the President marking Mr Bergin's 100th birthday, receipts from An Post for his pension, and mass cards sent to the family at the time of his funeral.
The court was informed that a review of DSP records showed Mr Bergin's pension had been claimed for 28 and a half years posthumously, while his daughter-in-law had also signed various forms in his name. Det Garda Crosbie added that Mrs Bergin failed to appear for a scheduled interview with gardaí on July 22, 2022.
He recalled how she arrived at the garda station an hour late, shortly after he received a message from her solicitor stating she was unwell and required time for medical tests. .
The detective described dealing with the accused at that stage as "very frustrating", leading to Mrs Bergin's arrest in September 2022 after a lack of response. During questioning, Mrs Bergin was fully cooperative, admitting to signing various documents and revealing that her husband, Séamus, was present in the bed when DSP officials visited, contrary to her initial claim that he was away at a market in Tipperary.
In June, Mrs Bergin paid €35,000 in compensation, but Judge Keenan Johnson deemed it insufficient and adjourned the case to allow for a more substantial amount to be raised. On Wednesday, defence counsel Damien Colgan informed the court that his client would provide an additional €40,000, stating that there were no further funds available, and offered to pay €50 weekly from her pension.
A letter of apology from Mrs Bergin was also presented, expressing remorse for her actions. In the letter, Mrs Bergin explained that she had been authorised to withdraw her father-in-law's pension while he was alive but continued to collect it after his death, feeling trapped.
She expressed shame and embarrassment, pleading with the judge to "show me as much mercy as you can". The court was informed that Mrs Bergin's health is deteriorating and she has become socially isolated, estranged from one of her children and her brother due to her crimes.
However, Judge Johnson described the case as "quite extraordinary" and "an extremely serious case of theft and fraud, resulting in a large loss to the State."
He stated that Mrs Bergin's actions were clearly premeditated, given that her father-in-law's death was never registered. The judge pointed out the "repetitive, deliberate and conscious efforts by the accused to defraud the State" adding to her "culpability and the gravity of the offending."
"Every single year that the fraud went on, the accused actively perpetuated the fraud by forging the signature of the deceased," he said.
He also noted that Mrs Bergin's actions undermined the fundamental values of integrity and honesty that the Department relies on for fair social welfare administration. Judge Johnson mentioned mitigating factors such as Mrs Bergin's guilty plea, cooperation during the later stages of the investigation, her letter of apology to the court, and medical and probation reports.
The judge expressed his disbelief that the accused acted alone, especially since her husband Seamus had impersonated his late father to deceive social welfare inspectors.
He remarked: "I cannot believe that correspondence, which have been received at least annually in the name of John Bergin, could not have been seen by other members of the household, particularly the correspondence and centenarian coins from Áras an Uachtaráin, which would have been unique and noticeable."
"I cannot help but feel, despite her assertions to the contrary, that Mrs Bergin has allowed herself to be offered as a sacrificial lamb for the offending and the full responsibility does not rest exclusively with her."
He further noted that according to the defence's claims, the misappropriated money was spent on shopping and food, indirectly benefiting the family, and suggested that "the family should be assisting the accused to make full reimbursement."
The judge expressed his bafflement over why part of the 99-acre family farm couldn't be sold or mortgaged to cover the repayment. Nonetheless, he acknowledged that the €75,000 payment did offer some degree of mitigation, though "not as substantial as it might otherwise have been."
With considerable regret, Judge Johnson declared he had no choice but to sentence Mrs Bergin to prison.
He said: "Some people may feel the sentence is too lenient and others may feel it's too harsh, however, I have tried to impose a sentence that is fair and equitable and which sends out a clear message that no matter who you are or what your circumstances are, theft from the social welfare fund is such a serious offence because of the damage it does to society, that a custodial sentence, particularly where the theft is prolonged and significant as is the case here will be unavoidable."