Representative Cases: Fraud and Larceny

Sailor facing General Court-Martial for BAH fraud saves career

19-year NCO charged with BAH fraud. Career and million-dollar retirement saved.

E-9 accused of stealing $50,000 receives only 1 stripe reduction, retirement saved

A chief master sergeant with nearly 25 years of service time was charged with stealing $50,000 from the military through BAH fraud. GS&A aggressively challenged the government’s evidence and presented the soldier’s lengthy and distinguished military service record. The prosecution sought jail time and a bad conduct discharge, but GS&A’s presentation persuaded the jury of officers and E-9s to reduce the chief by only one rank, with no fine and no discharge, which allowed the chief to retire as an E-8 and with full benefits.

Retirement saved for E-6 single mom convicted of BAH fraud and making false official statements, receives only 1 stripe reduction

Prior to hiring GS&A, an E-6 with nearly 20 years of service time had been convicted at a special court-martial and sentenced to jail time. The government then accused her of committing BAH fraud on her way to jail by knowingly falsifying where her dependents would be while she was in jail, and for keeping the excess money she received. She hired GS&A to defend her in this second trial, a general court-martial. The E-6 was a single mother of two children and depended on her retirement to provide for her family. GS&A presented overwhelming evidence that the prosecution was wrong about the false official statement allegation, and ultimately persuaded the government to drop that charge. Our client pled guilty to improperly keeping the money. The government sought 5 months in jail and a bad conduct discharge, but GS&A’s sentencing presentation persuaded the judge to impose only a one stripe reduction. Our client was able to continue her career even though she had two court-martial convictions, and her retirement and benefits were saved.

Soldier accused of submitting over $130,000.00 in fraudulent travel vouchers avoids jail and punitive discharge and keeps his retirement

Over the course of two and a half years, a SFC was accused of making a false claim by filing fraudulent travel vouchers seeking reimbursement for rent for over $130,000.00. The soldier ultimately pled guilty to the offenses but was aggressively defended by GS&A during the sentencing phase of the trial. The sentencing case presented the soldier’s lengthy and distinguished military service record which compelled the military judge to only reduce the SFC by two ranks and impose a fine. The soldier avoided serving any time in jail and avoided both a dishonorable discharge and bad conduct discharge. He was allowed to retire.

Air Force Officer accused of making false claims and larceny serves no time in jail

An Air National Guard Officer called to active duty filed numerous interim accrual travel vouchers while on temporary duty. Upon the officer’s return, a final voucher was filed along with numerous receipts for lodging and related expenses. The officer was charged with making a false claim under Article 132, and Larceny under Article 121 for stealing more than $10,000 of government money. Our client was also accused of making a false official statement under Article 107. After a trial in front of the military judge, the prosecution sought 18 months in jail. We argued for no confinement, and in fact our client received no jail time.

Sailor gets no jail time and no discharge for BAH fraud

Sailor charged with making false official statements in connection with BAH entitlements and subsequently stealing approximately $7,500.00. Strategic decision to plead guilty on the eve of trial, without entering a deal with the government, resulted in no sentencing case from the government and entirely positive presentation from the defense. Our client was sentenced to serve no time in confinement and did not receive a punitive discharge. As a result, our client was allowed to separate at the end of the enlistment with an Honorable Discharge.

Nine-year Navy Member accused of BAH fraud gets no jail and avoids a BCD

On the eve of separation from service, a nine-year Navy member was accused of three specifications of making False Official Statements in violation of Article 107 and one specification of a violation of Article 121 alleging larceny of military property in an amount of $25,000. The allegations arose following an investigation into the member’s Basic Allowance for Housing (BAH) dependent claim. The member faced a maximum possible punishment of one-year in confinement, reduction to the lowest enlisted pay grade, forfeitures and a Bad Conduct Discharge if convicted. In a calculated move, the member pled guilty without the protection of a pretrial agreement, with GS&A managing the guilty plea and presenting a strong sentencing case. The military judge rewarded the presentation by giving a sentence that did not include a Bad Conduct Discharge or any time in jail.

ANG senior NCO avoids court-martial and nonjudicial punishment

A senior NCO from the Army National Guard was charged with committing over $20,000 of BAH fraud. The military initiated a general court martial for larceny and filing a false claim. Our attorneys represented the NCO at the article 32 hearing and made numerous objections to the procedural violations the government committed at the hearing, and to the calculations the government used. Following the hearing, our attorneys filed a memorandum thoroughly substantiating the objections and recommending that the matter be resolved outside of the court-martial forum. After the hearing, a senior prosecutor took over the case and reviewed the record of the Article 32 hearing, including our memorandum. Ultimately, the senior prosecutor agreed with our objections and our proposal to resolve the overpayment without resorting to any UCMJ action or reprimand. The court-martial charges were withdrawn and no NJP or reprimand was imposed.

Career and rank saved for NCO facing trial for $70,000 in BAH fraud

Navy NCO facing charges of over $70,000.00 in BAH fraud. Pretrial negotiations, including direct communication to carrier commander, resulted in plea to reduced charges and protection for NCO’s rank. Client avoided discharge, and returned to duty with NCO rank fully intact.

Recruiter facing fraud charge has trial dropped, then NJP dropped, and gets ribbon

Marine NCO facing multiple charges of recruiter fraud and misconduct at BCD Special Court-Martial. Dozens of witnesses flown in from all over United States for trial. Through aggressive witness work on the ground and pretrial pressure, GS&A got charges dismissed at Special Court-Martial and handled through NJP. Prepared and presented case at NJP, and NJP was dropped. Client given recruiter ribbon and allowed to PCS to favorable assignment.

Aggressive pretrial efforts assure that NCO avoids dishonorable discharge

Our client was charged with three different charges related to the theft of over $7000 in GPS devices and one additional charge of marijuana use. He faced the threat of double digit jail time if convicted of all of the offenses. He had made incriminating statements to his supervisor and the stolen items had been found at his residence, making his conviction of the charges highly likely. We were able to negotiate a deal to plead guilty to one charge of larceny with the guarantee that he would not serve more than eight months in jail and he would not receive a dishonorable discharge. The remaining three charges were dropped. At trial, the military judge gave our client a sentence of 12 months in jail and a dishonorable discharge. Because of our work, our client’s jail time was reduced by one-third and he was protected from the dishonorable discharge.

Marine NCO acquitted on all charges

A Marine NCO with an outstanding service record was brought to court martial to face numerous charges, including travel voucher fraud, adultery, and wrongful cohabitation. According to the government, the court martial was supposed to be a slam-dunk for the prosecution, with witnesses and documents proving the accused’s guilt beyond any doubt. However, GS&A fully litigated all the charges in a jury court martial. First, the adultery charge was dropped just before the court martial. Second, GS&A convinced the judge to dismiss the wrongful cohabitation charge. Third, GS&A convinced the judge to dismiss one of the fraud charges. Then GS&A got the remaining charges acquitted, saving the career, rank, and pay of a decorated Marine.

Marine charged with larceny gets acquitted on five of six counts and no jail

A Marine was charged with stealing money from another Marine’s bank account on six different occasions. The government had bank records, cell pone records, receipts, and expert handwriting analysis that all tied the accused Marine to the crime. Still, at the court martial GS&A attorneys managed to persuade the jury to find the accused not guilty of five of the six thefts. At sentencing, the government requested a sentence including two months of jail time and a bad conduct discharge. Once again, the work of GS&A attorneys resulted in a much more lenient sentence for our client, who got no jail time or discharge from the Marine Corps.

Field grade officer charged with gun smuggling, GS&A gets numerous charges dropped

A commissioned field-grade officer was charged with gun smuggling in a highly publicized, high profile case. During our cross examination of witnesses, we were able to undercut their credibility by exposing the deals they had made with the government. Based on our case, the government dropped multiple charges as unfounded. Our expert cross-examination of military law enforcement agents was picked up by Associated Press and printed in newspapers throughout the United States and abroad.

Airman acquitted of filing $10,000 false travel voucher

A young, inexperienced enlisted member was charged with filing a false travel voucher and fraudulently obtaining $10,000 after completing her first military move. At the court martial, we put the travel voucher system on trial, showing that she received inadequate training and supervision from the government travel manager. Our vigorous cross examination of finance personnel exposed numerous accounting errors committed by these personnel. Our client was acquitted of all charges.

Female Airman acquitted of numerous conspiracy charges

Our enlisted client faced numerous conspiracy charges at court martial, surrounding the theft of computers from a base repair shop. She was a young newlywed whose non-military husband hung around with bad people and may have been committing crimes. As part of our defense at the court martial, we showed that she was a new spouse in over her head, victimized by her husband’s misdeeds. We argued that the evidence found in the home could have been her husband’s and that the government wanted the jury to think she was guilty by association. Our relentless cross-examination of the government’s star witness showed him to be completely unbelievable. Our client was acquitted of all charges.

Airman charged with computer fraud, GS&A gets case dismissed

Our client, a young enlistee applying to college, was charged with computer fraud crimes against the government computer system. Placed into pretrial confinement, he was left to languish in jail awaiting court martial despite our repeated demands for a speedy trial. We brought a motion to dismiss all charges for violation of our client’s right to a speedy trial. Following our cross-examination of three JAGs, the Deputy Staff Judge Advocate, and the Chief Trial Judge of the Eastern Circuit, the court found that the government had abused our client’s rights. All court martial charges were dismissed with prejudice and our client was released from confinement.

19-year NCO charged with many counts of fraud, GS&A saves career and retirement

A noncommissioned officer, two months away from retirement at the time of the court martial, was charged with eight counts of fraud and solicitation to commit fraud. We fought three of the charges based on specific intent, winning acquittals on all three. We showed that the government’s presentation of evidence was markedly different than what they promised in their opening statement. And, we showed weaknesses in the prosecution’s case through rigorous cross examination of witnesses. At sentencing, the prosecution requested that she serve a year in jail, be reduced to the lowest enlisted rank, and be punitively discharged. We got her a sentence of a three-grade reduction, with no jail and no discharge. We saved her hundreds of thousands of dollars in future retirement pay.

Female Airman avoids punitive discharge, GS&A attorneys use battered wife defense

Our client was an enlisted single mother who was charged with receipt of stolen property. At court martial, she faced four months of confinement and a Bad Conduct Discharge. We demonstrated that her boyfriend stole the items. Next, we showed that she was a victim of domestic violence, which was the reason she allowed stolen property to be stored at her house. Because of our advocacy during the sentencing phase of the court martial, she was given only one month of confinement and was not given a punitive discharge.

NCO facing three years of prison for identity theft, GS&A gets him three months

A noncommissioned officer with a stellar record was convicted of serious identity theft offenses against fellow Airmen. During the court martial we showed the jury that our client had an outstanding career and was among the top two percent of his peers. This drastically reduced his punishment from three years to only three months.

Airman facing years in jail gets low sentence and avoids dishonorable discharge

An enlisted member was charged with numerous counts of stealing material from a deployment warehouse and faced court-martial. Before the court martial began, we challenged the government’s planned use of evidence and experts. We filed a motion to delay the court martial while we called our own forensic experts. With this aggressive approach, we persuaded the prosecution to cap the member’s court martial sentence. Because of us, our client received reduced jail time and avoided a dishonorable discharge.