Most Housing Allowance Charges Defeated; Soldier Receives 120 Days on Partial FSA Conviction

Maximum Sentence:

• Dishonorable Discharge

• 55 years confinement

• Total forfeiture

• Reduction to E-1

• Fine

• Federal felony conviction

An Army Staff Sergeant stationed at Camp Humphreys, Korea was charged at a general court martial with nearly $30,000 in fraud for allegedly obtaining Basic Allowance for Housing, Overseas Housing Allowance, and Family Separation Allowance by claiming that her husband was residing in Brooklyn, NY. The government’s case hinged on their assertion that her husband, a third-country national from Trinidad, either did not exist or was not living as claimed.

Based on discrepancies in various financial documents reviewed during an audit, the government and law enforcement conducted an exhaustive investigation into the actual whereabouts of the Soldier’s husband.

Tim Bilecki challenged the evidence the government intended to use to prove the alleged fraud. Through pretrial motions, we excluded significant portions of CID’s investigation. The prosecution had to try the case without evidence it had expected to put before the panel.

At a trial lasting almost a week, we continued challenging the government’s evidence and CID’s investigative methods. The jury, after considering all the evidence presented, found the Sergeant Not Guilty on the majority of charges. She was convicted only on a portion of the Family Separation Allowance charge. Contrary to the initial maximum sentence of 55 years, she received a significantly reduced sentence of 120 days confinement.