Fury over accident fund fraud
Crooks undermining the hard work and high standards of vast majority of lawyers
PERSONAL injury lawyers and the Road Accident Fund (RAF) are furious after a number of attorneys allegedly defrauded the entity in the name of claimants – with the Western Cape among the three most affected provinces.
In a recent case, the Bellville Specialised Commercial Crimes Court
PERSONAL injury lawyers and the Road Accident Fund (RAF) are furious after a number of attorneys allegedly defrauded the entity in the name of claimants – with the Western Cape among the three most affected provinces.
In a recent case, the Bellville Specialised Commercial Crimes Court sentenced Eslin Meyer, 63, to eight years’ imprisonment.
He was found guilty of 61 counts of fraud and theft totalling R6.4 million for failure to keep proper accounting records of funds received by an attorney in a trust account.
Meyer, an attorney who represented RAF clients and administered deceased estates, operated three trust accounts and two business accounts when he was the owner of Eslin Meyer Attorneys, which had offices in Mitchells Plain and Gordon’s Bay.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said Meyer’s clients made claims against the RAF, filled in forms supplied to them by Meyer, and submitted them with all the necessary supporting documents.
Ntabazalila said after administering the claims, the RAF would make payments into the trust accounts in favour of the claimants.
Hawks spokesperson Zinzi Hani said Meyer helped himself to RAF payouts that were due to his clients.
According to the court, his clients suffered financial ruin.
Nombulelo Sokam allegedly benefited from a claim of R1.134m, but she received only R402 413 after Meyer transferred R732 354 to his personal bank account.
Suleiman Christians allegedly did not receive a cent of his R373 365 RAF claim. Between July 2006 and February 2007, R1.180m was paid into Meyer’s law firm’s trust account. He used the money for personal and business expenses.
Personal Injury Plaintiff Lawyers Association (Pipla) chairperson advocate Justin Erasmus said the vast majority of attorneys operated honestly and ethically, and performed an invaluable service to persons who would otherwise not have access to justice.
He said fraudsters had no place in their profession, and their activities undermined the hard work and high standards upheld by the vast majority of attorneys.
RAF spokesperson William Maphutha said it took a long time to build a provable case against an attorney, and the criminal court process took even longer, as was evident in Meyer’s case. “Attorneys have formed the habit to pay their clients only a small portion of the settlement and use the bulk to pay the advocate, medical professionals and actuaries with the rest,” said Maphutha. He said that was done even though these experts were financially stable, while the claimant often desperately needed money.