The fourth section of the Court of Valencia has sentenced a woman to two year in prison after she was found guilty of receiving the orphan’s pension of her brother who had died for 24 years and without reporting the death to Social Security or the bank where they made the admission. The bank has been declared subsidiary civil liability for not verifying that the holder of the aid was alive.
This is stated in a sentence, provided by the Superior Court of Justice of the Valencian Community, after the trial in which the defendant acknowledged the facts, a confession to which is added the documentary provided in the case, which contains the monthly income in the entity and the successive withdrawals of money by the woman.
The sentence considers it proven that the defendant, since before 1996, assumed the guardianship of her brother, who had an orphan’s pension recognised by Social Security that, on that date, amounted to 675 euro and that in 2020 it was 726, which the administration entered into a bank.
The brother died on May 1, 1996, the date from which the defendant hid that death from Social Security and the entity, so that, until March 2020, the monthly amounts of the pension continued to be paid into that account, with a total of 174,776 euro. The woman herself disposed of that money through cash withdrawals, card purchases and direct debit of receipts.
The court has considered it proven that the bank did not comply with its obligation to verify the survival of the pension annually, and therefore did not notify Social Security of his death. It was her sister who on February 26 submitted a letter to this body in which she reported the death of her brother.
For this reason, the court imposes two years in prison for fraud, the payment of a fine of 844 euro and compensation to Social Security of 135,805 euro with the subsidiary civil liability of the bank.
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