Melbourne gardener caught out in TAC fraud

27 May 2015

A Melbourne gardener who defrauded the Transport Accident Commission of more than $65,000 has been handed a suspended jail sentence and ordered to repay the money.

Roberto Frediani, 52, of Thomastown, last week appeared at Ringwood Magistrates Court where he pleaded guilty to fraudulently obtaining $65,782.88 by deception and further charges relating to attempted frauds totalling $29,437.

The court heard that between September 2012 and May last year, Frediani's business Rob's Complete Garden Care issued the TAC with 109 invoices totalling $98,134 for services he claimed to have provided to TAC clients.

Frediani admitted in court that 74 of the invoices, totalling $65,782, were fraudulent.

The TAC submitted evidence that it had approved Rob's Complete Garden Care to provide specified gardening maintenance services for two transport accident survivors.

Investigations subsequently determined that the amount claimed for the gardening services and the nature of the services grossly exceeded what the TAC had approved.

It was also found that many of the invoiced services could not have been performed, including the removal and lopping of trees that did not exist.

The court also heard that one of the TAC clients had complained about Frediani's service and asked the TAC to approve a new gardener to take over the gardening duties. Frediani continued to submit invoices for work at the address despite a new gardener having taken over the contract.

Another client had been paying Frediani directly for gardening services despite Frediani billing the TAC for the same work.

TAC acting chief executive officer Bruce Crossett said the TAC had met its obligation to Victorian motorists to ensure the scheme's funds were spent appropriately.

"The TAC scheme exists to ensure people injured in transport accidents have access to the support and benefits they need to get on with their lives," Mr Crossett said.

"The community rightly has an expectation that the scheme's funds are spent appropriately and this case demonstrates that anyone who thinks they can take advantage of the scheme or its clients will be dealt with by the courts."

In delivering his sentence, Magistrate Marc Sargent noted the impact that fraudulent activity had on people deserving of assistance and compensation.

Frediani was convicted and handed a four-month jail sentence, suspended for 12 months. He was also fined $5000 and ordered to pay $65,782.88 to the TAC plus costs of $913.90.