Dead veteran's benefits allegedly collected for 8 years
By Jason Proctor CBC News Apr 16, 2012
Article Link
A Richmond, BC man is accused of defrauding Veterans Affairs by collecting eight years worth of benefits on behalf of his dead father-in-law.
Alan David Lexier is scheduled to make a first appearance in provincial court next month on four charges including fraud and theft in excess of $5,000.
Court documents obtained by the CBC say the director general of finance for Veterans Affairs Canada contacted RCMP in 2009 after an internal investigation suggested the department had paid more than $125,000 in pension benefits to a dead man.
Details of the case are laid out in information sworn to obtain production orders for financial records.
According to the documents, Benjamin Dewberry was admitted to George Derby Centre, a Veterans Care home, a few months before his death on January 24, 1998.
But the department received a benefit declaration signed in Dewberry's name in 1999. The form also indicated a change in his address to a location that later turned out to be a mailbox rental outlet.
"I infer by this that there was a wilful misrepresentation of Benjamin Dewberry as living and eligible to receive his pension," the investigator writes.
Veterans Affairs allegedly made several attempts to contact the deceased in the eight years that followed, sending out questionnaires in 2004 and 2006. According to the sworn information, forms were completed and signed in Dewberry's name.
Canada Pension paid for funeral
Bank records for the eight years following Dewberry's death allegedly show monthly deposits totalling more than $125,000 in disability pensions and $3,400 worth in pension payments.
"On March 24, 2009, the account balance was $656.52," the investigator wrote.
Lexier didn't respond to a call from the CBC. According to the court documents, he told investigators that he thought his wife was getting a survivor's benefit.
"[Lexier] couldn't figure out why Veterans Affairs did not know that Benjamin Dewberry had passed away; He never phoned Veterans Affairs Canada 'cause we filled out all the documentation...' for such things as Canada Pension," the document reads.
"Money was received from Canada Pension to pay for the funeral and given the fact that Benjamin Dewberry had lived in a Veterans hospital [Lexier] couldn't understand why Veterans Affairs Canada did not know Benjamin Dewberry had died."
The accused allegedly told investigators his wife "knew nothing about 'anything that went on.' He said he "might've" signed the benefit declaration card and asked if criminal charges would still be forwarded if restitution was made.
Guilty plea unlikely
Lexier's lawyer Vincent Michaels said his client is not likely to plead guilty when he makes a first appearance on May 1.
"We have not yet had our first appearance in court. When we do we'll get the Crown's disclosure package. What I can say is that we'll be reviewing the evidence very closely and I don't expect that Mr. Lexier is intending to plead guilty at this point," said Michaels.
"Veterans Affairs Canada takes the issue of fraud very seriously. The department has operational controls in place to protect the integrity of public funds, including processes to confirm the continued eligibility of benefit recipients. These are reviewed regularly."
In a written statement, Veterans Affairs said the department identified 10 cases of fraudulent claims for benefits totalling $781,000 in 2010/11.
The total budget is $3.56 billion and they pay benefits out to more than 215,000 people.
None of the allegations contained in the information to obtain the production order have been proven in court.
end
By Jason Proctor CBC News Apr 16, 2012
Article Link
A Richmond, BC man is accused of defrauding Veterans Affairs by collecting eight years worth of benefits on behalf of his dead father-in-law.
Alan David Lexier is scheduled to make a first appearance in provincial court next month on four charges including fraud and theft in excess of $5,000.
Court documents obtained by the CBC say the director general of finance for Veterans Affairs Canada contacted RCMP in 2009 after an internal investigation suggested the department had paid more than $125,000 in pension benefits to a dead man.
Details of the case are laid out in information sworn to obtain production orders for financial records.
According to the documents, Benjamin Dewberry was admitted to George Derby Centre, a Veterans Care home, a few months before his death on January 24, 1998.
But the department received a benefit declaration signed in Dewberry's name in 1999. The form also indicated a change in his address to a location that later turned out to be a mailbox rental outlet.
"I infer by this that there was a wilful misrepresentation of Benjamin Dewberry as living and eligible to receive his pension," the investigator writes.
Veterans Affairs allegedly made several attempts to contact the deceased in the eight years that followed, sending out questionnaires in 2004 and 2006. According to the sworn information, forms were completed and signed in Dewberry's name.
Canada Pension paid for funeral
Bank records for the eight years following Dewberry's death allegedly show monthly deposits totalling more than $125,000 in disability pensions and $3,400 worth in pension payments.
"On March 24, 2009, the account balance was $656.52," the investigator wrote.
Lexier didn't respond to a call from the CBC. According to the court documents, he told investigators that he thought his wife was getting a survivor's benefit.
"[Lexier] couldn't figure out why Veterans Affairs did not know that Benjamin Dewberry had passed away; He never phoned Veterans Affairs Canada 'cause we filled out all the documentation...' for such things as Canada Pension," the document reads.
"Money was received from Canada Pension to pay for the funeral and given the fact that Benjamin Dewberry had lived in a Veterans hospital [Lexier] couldn't understand why Veterans Affairs Canada did not know Benjamin Dewberry had died."
The accused allegedly told investigators his wife "knew nothing about 'anything that went on.' He said he "might've" signed the benefit declaration card and asked if criminal charges would still be forwarded if restitution was made.
Guilty plea unlikely
Lexier's lawyer Vincent Michaels said his client is not likely to plead guilty when he makes a first appearance on May 1.
"We have not yet had our first appearance in court. When we do we'll get the Crown's disclosure package. What I can say is that we'll be reviewing the evidence very closely and I don't expect that Mr. Lexier is intending to plead guilty at this point," said Michaels.
"Veterans Affairs Canada takes the issue of fraud very seriously. The department has operational controls in place to protect the integrity of public funds, including processes to confirm the continued eligibility of benefit recipients. These are reviewed regularly."
In a written statement, Veterans Affairs said the department identified 10 cases of fraudulent claims for benefits totalling $781,000 in 2010/11.
The total budget is $3.56 billion and they pay benefits out to more than 215,000 people.
None of the allegations contained in the information to obtain the production order have been proven in court.
end
