BGH confirmed liability for clan members for organized social fraud
In December 2022, the Father was sentenced to six years and the Mother to two years in prison by the District Court. Both accepted this sentence and did not file a revision, as the judgment was based on a plea bargain between the Prosecution and the Defendants. The property of the extended family with a 1700 square meter plot in Leverkusen was seized by the District Court.
For six years, the ten-member family had received money from the Jobcenter and used it, among other things, to pay for the house. The conviction of another brother for money laundering was overturned by the Federal Court of Justice. The District Court failed to determine whether the 20-year-old at the beginning of the offenses could still be subject to juvenile justice.
Therefore, the District Court must re-examine this matter. The seizure of the house and plot is also to be determined anew, as the brother was registered as the owner in the land register.
The Mother expressed her gratitude for the lenient sentence, acknowledging it as a "Fine" consideration given the family's circumstances. Subsequently, the Prosecutor's Office in Düsseldorf initiated an investigation into Social Fraud allegations against clan members associated with the family. This new case was later referred to the Federal Court of Justice in Karlsruhe.
The Prosecutor's Office argued that seven individuals in the large family had collectively received over €400,000 in social benefits, including Hartz IV payments. This case of Social Fraud carried serious implications, and if proven, would result in additional penalties for the clan members involved.
