26 October 2017

DPP v Kuol: Child Care Benefit Fraud

This is another criminal case heard by the Victorian County Court in relation to Commonwealth Child Care Benefit fraud. This case concerned a Family Day Care Educator, Martha Anne Kuol who pleaded guilty to one charge of dishonesty causing loss to a Commonwealth entity contrary to section 135.1(3), Criminal Code (Cth). The charge related to submitting false time sheets to five different Family Day Care (FDC) providers: Nyier FDC, Manhal FDC, White Butterfly FDC, Favour FDC and Dorsy's FDC.

As outlined by the court, the Department of Education and Training identified a group of FDC providers as the Deng Group who were involved in fraudulent activity. Rosa Riak was the mother of Kuol Deng and Achai Deng. These three people conducted the Deng Group FDC Provider businesses. Martha Kuoli is one of nine educators who have been charged with child care benefit fraud in the Deng Group as a result of an Australian Federal Police investigation. At the time of the sentencing of Martha Kuol only one of the other eight educators, Adiol Dahl, was sentenced (see previous blog post).

The court indicated that the total amount paid out by the Department of Education and Training for claims submitted in relation to Martha Kuol for the period 8 June 2015 to 16 December 2015, was $291,539.87. Martha Kuol accepted that a total of $119,657.54 was dishonesty received by her for childcare services that she did not provide. Also, according to the court, she obtained these payments by charging excessive hours, overlapping and inconsistent claims and submitting false claims and time sheets. This was done in complicity with members of the Deng Group.  In her claims, through the Deng Group specifically, she received a total of $215,000 for the period June and December 2015.

The court sentenced Martha Kuol to a term of 12 months' imprisonment. However, this was suspended on her entering a recognisance of $2000 and on condition of her being of good behaviour for two years. 

In relation to child care benefit fraud in general, the Herald Sun recently carried a story.

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