The Motor Insurers’ Bureau of Ireland (MIBI) has said the sentence and verdict handed to Mr. Constantin Iosca represent “a victory against insurance fraud”. Mr. Constantin Iosca was sentenced to three and a half years in prison, with nine months suspended in the Circuit Criminal Court.

This follows Mr. Iosca being found guilty of deception under Section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001 by a jury last November.

The Criminal Justice (Theft and Fraud Offences) Act 2001 is the primary Irish legislation covering crimes of dishonesty, including theft, fraud, robbery, and burglary, replacing older larceny laws. It includes fraud and deception, which covers making a gain or causing loss by deception.

The Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021, effective from April 14, 2021 amended the 2001 Act to specifically strengthen penalties for fraud affecting the EU’s financial interests, including VAT fraud, with penalties up to 5 years imprisonment.

Mr. Iosca falsely claimed to have been injured following a road traffic accident 10 years ago has been jailed for two years and nine months.

Dublin Circuit Criminal Court heard that he made a report to the Motor Insurers’ Bureau of Ireland (MIBI) claiming he had been injured after being hit by a car while cycling his bike on June 1^st, 2016. He alleged in this form that he had sustained an injury to his back, left leg and right arm after being knocked off his bike by a car.

The court was told that FBD was nominated as the insurance company and as part of their investigation, employed G4S to conduct surveillance and an engineer to speak to Mr. Iosca and provide a report.

Mr. Iosca case was heard in the High Court in January 2020. The claim was withdrawn three days later by Mr. Iosca counsel on his instruction after CCTV harvested by G4S was played. The court heard that this CCTV showed Mr. Iosca getting in and out of a wheelchair and walking unaided.

“This is a victory against insurance fraud,” said David Fitzgerald, CEO of the MIBI. “People who make an illegitimate claim should have to face the consequences and that is what has happened to Mr. Iosca. We have zero tolerance for anyone who tries to submit a false claim and we hope this result sends a signal to those who are engaged in fraudulent behaviour. Those who commit fraud will pay the price.

“Fraudulent activity harms all law-abiding road users. It puts people’s safety at risk and adds to the cost of insurance. For several years now the MIBI has been running a ‘Fighting Fraud’ strategy under which we are committed to challenging suspicious claims. We aim to make it extremely difficult for fraudsters to succeed. If we don’t think a claim stacks up, we are prepared to investigate it fully, to put resources into checking the evidence forensically and to contesting these questionable claims through the courts.

“This case is an example of that strategy being put into action. Not only did Mr. Iosca’s claim have to be withdrawn, he has now been found guilty of criminal activity. Claims without merit should never succeed. So, anyone else who considers submitting a fraudulent claim can expect a similarly rigorous response.

“We would like to express our thanks to the jury, to Justice Ryan, the Courts, all those who were involved in the investigation and also to the Director of Public Prosecutions for pursuing this case,” Mr. Fitzgerald concluded.

 

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.