Our client was charged with BAH and FSA fraud for over $30,000. Prior to the allegations being made, our client was stationed in Japan, and his wife was residing in Texas, properly receiving BAH and FSA for her Texas location. The problem occurred when the client moved his wife to Japan with him and she stayed for nearly one year while still collecting the BAH for Texas (where there was no longer a residence) and the FSA. Upon being interrogated by OSI, the client admitted to BAH and FSA fraud and that confession was videotaped and later played in trial to the jury.
After being retained on the case, we conducted our own financial calculation of the alleged fraud and greatly reduced the amount of the overpayment. We were also able to put our client’s version of the facts out to a jury, which was that this case was not fraud but simply an overpayment by DFAS based on complicated regulations and the JFTR.
Likely based on the videotaped confession, the panel convicted our client of larceny. The government subsequently asked for the maximum sentence.
However, based on the extensive extenuation and mitigation that was put on during the trial, our client only received a two-grade reduction and 45 days restriction, with no punitive discharge.