Heino Jansen van Rensburg created fake insurance policies in a scam that netted him nearly $30,000. Photo / Supplied
A man who said he would always do whatever was needed of him in order to support his family turned to fraud when they hit “rock bottom” and found themselves living out of their cars.
Heino Albert Jansen Van Rensburg, 40, scammed $27,229.30 by creating fake insurance policies, New Plymouth District Court heard on Friday.
At the time of the offending, Jansen Van Rensburg owned and operated Accelerate Services Limited (ASL), a financial service.
In November 2018, Partners Life Limited (PLL), which sells health and life insurance through a network of independent advisors, entered into a business agreement with ASL.
This authorised Jansen Van Rensburg to sell its insurance policies in return for a commission. An online portal was available for him to use to submit applications on behalf of clients. The applications did not require a client’s signature.
The court heard that between May 5 and 7 last year, Jansen Van Rensburg lodged two fake applications.
The first was filed on May 5, under the name Clifford Miller.
Included in the application was personal information including date of birth, medical history, and employment information of the fictitious client, the court heard.
The application set up an insurance policy for Miller, for which ASL was paid a commission of $12,685.84.
But PLL’s regular auditing picked up “several irregularities” with ASL’s clients, which led to a full review, looking for potential fraud.
The investigation found all the details given regarding Clifford Miller had been falsified.
It also found the bank account used to pay two of the monthly premiums connected to the policy came from a bank account belonging to Jansen Van Rensburg.
The second fraud related to a May 7 application he made, using the names Patal Singh and Preet Sekhon.
Based on the fake details, an insurance policy was created for the pair and subsequently netted Jansen Van Rensburg $14,543.46 in commission.
When police spoke to him about the fraud, he admitted the offending and said he was “in a time of crisis” and had done it to avoid becoming homeless.
In court, defence lawyer Patrick Mooney submitted further information on Jansen Van Rensburg’s personal circumstances at the time of the fraud.
Mooney said his client had been battling health, employment and accommodation issues.
“In fact, he and his wife were living out of their two cars,” he said.
“The offending occurred within those broad parameters.”
Jansen Van Rensburg has since engaged in counseling and has expressed “very clear” remorse for his actions, Mooney said.
While the insurance company was seeking reparation of the full amount, Mooney submitted it should be capped given the limited means of Jansen Van Rensburg, who is currently on a benefit.
Police prosecutor John Simes said the offending was deliberate with a clear intent to deceive.
The amount involved was “significant” and it risked having an impact on the wider community through the company’s insurance premiums,” Simes said.
Reparation should be ordered but the amount was in the court’s hands, he added.
Judge Tony Greig said it was unusual for a man of Jansen Van Rensburg’s age to appear before the court without previous convictions.
But the presentence report and defence’s submissions made it clear why the offending had occurred, the judge said.
The report said Jansen Van Rensburg had hit rock bottom and was not able to support his family. He didn’t intend to take as much as he had and planned to repay the money.
“You had nothing and you said you would do anything to support your family. You would kill for them, let alone steal,” Judge Greig said, referencing the report.
It assessed him as having a low risk of reoffending and said he would accept any punishment the court deemed appropriate.
Jansen Van Rensburg had wanted to complete restorative justice but the insurance company chose not to take part.
While the offending was premeditated and his culpability high, it was not sophisticated, the judge said.
“It appears the insurance company made it pretty easy for you to do.”
Jansen Van Rensburg “cut a sympathetic figure” and his reasons for committing the crime were understandable, Judge Greig said.
On an admitted representative charge of obtaining by deception, he was sentenced to three months’ community detention.
Unimpressed by an insurance company that “appears to make it that easy to steal from” and then fails to “front up” at a restorative justice meeting, Judge Greig ordered Jansen Van Rensburg to pay the company $500 reparation.
“I hope your life goes better from now on,” the judge told him.