BAH Fraud and OHA Fraud Charged As Larceny Offenses
Our Court Martial Attorneys Can Help Fight BAH, OHA, and DTS Fraud
The military has cracked down on fraudulent activities in recent years,
with a heavy-handed focus on Basic Allowance for Housing (BAH), Overseas
Housing Allowance (OHA) and Defense Travel System (DTS) fraud. Service
members involved in such frauds are rooted out through investigations
and audits, which are either random or targeted based on certain red flags
(such as living in a high-cost area.)
Government hit lists are easy to generate and the random nature of these
audits and investigations can leave otherwise innocent service members
under the scrutiny of the U.S. Government. Furthermore, even if a service
member has abused one or more of these systems and is being charged with
fraud, that fraud may not warrant a court martial or jail time. Not every
fraudulent activity involves criminal action, and oftentimes, the Joint
Federal Travel Regulation (JTFR) that overseas financial regulation is
so complicated and onerous that a service member makes an honest mistake.
Examples of DTS, BAH, and OHA Fraud
U.S. Government scrutiny over DTS, BAH, and OHA fraud has highlighted just
how common these criminal activities really are. The range of fraud can
be anywhere from hundreds to tens of thousands of dollars.
- A service member creates travel authorizations for unauthorized missions,
extending travel without justification, to claim higher reimbursements
and expenses that weren’t incurred.
- A service member uses a false location for his or her dependents in order
to obtain a higher BAH Rate than allowed.
- Overseas, a service member is not paid a fixed amount of money for his
housing, but rather the exact rate of his rent (up to a cap). A service
member might fabricate a false rental agreement and submit the fictitious
amount for reimbursement.
- A service member claims he’s married when he’s not, or fails
to inform Finance that he’s divorced. This allows him to receive
more per month from BAH than he otherwise would if he were married.
If one or more of these situations applies to you, or if you’ve been
targeted in an audit, you can expect that law enforcement agents will
access and evaluate all of your financial documents, including anything
that you signed or submitted to Finance. The agents will likely obtain
your lease agreements, mortgage, bank records, cell phone records, relocation/PCS
documents and other documentation relevant to their investigation.
It’s up to you to decide whether you want to fight the charges against
you; however, failure to do so could end your career, force you into debt
with heavy fines, and possibly even land you in prison.
In some cases, the government will go “all out” and try to
make an example out of an otherwise lawful service member. If you feel that the charges filed against you are extreme, or you’re
innocent of the charges entirely, you NEED to seek out legal representation
that understands this kind of case.
Court Martial Defense Lawyer for BAH, OHA and DTS Fraud
Even if fraud is the product of your innocent error, law enforcement will
do everything possible to prove that you intended to steal government
funds. The Government does not take these charges lightly and will come
at you with everything they have to PROVE that you did so willingly.
Alternatively, should you be guilty of some form of BAH, OHA, or DTS fraud,
it’s critical that you speak with an experienced court martial lawyer
regarding your case. Don’t allow the U.S. government to use you
as an example with excessive fines or jail time.
Bilecki & Tipon, we believe that every case is unique, and that the outcome should reflect
both the service member’s history and service to his or her country.
Our law firm has successfully represented service members charged with
larceny, and in certain cases, has prevented charges from ever being preferred.
Level the Playing Field. Contact Bilecki & Tipon Today
Few court martial lawyers are as well equipped to handle financial fraud cases as
Mr. Bilecki and his team. Mr. Bilecki received a B.S. in Finance from the Boston College
Carroll School of Management and maintains a stellar track record as a
defense attorney for BAH fraud, OHA fraud, and DTS fraud.
If you’re currently accused of one or more of these fraudulent activities,
it’s critical that you
contact the Bilecki & Tipon law firm TODAY. We’re available anytime, day or night, 24 hours a day, seven
days a week.