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February 2019
Tim Bilecki

Army First Lieutenant Faces BAH Charges, Bilecki Claims Negligence Not Fraud

BAH Fraud
Schofield Barracks, Hawaii
Army First Lieutenant – O-2
No court martial charges preferred.

An Army Officer at Schofield Barracks became the subject of a CID financial fraud investigation concerning discrepancies in BAH entitlements. The investigation focused on allegations that the Officer had claimed a higher cost of living area for his spouse than where she was residing. After the commencement of the investigation, the Officer retained Tim Bilecki, a Hawaii court martial lawyer.

Bilecki’s defense strategy involved a thorough review of the circumstances surrounding the BAH claims. The defense was able to demonstrate that while the Officer’s spouse initially resided in the claimed higher cost living area, she subsequently moved to a new location, leading to the discrepancy. This key evidence suggested that the issue stemmed from a misunderstanding rather than criminal intent.

The defense argued that the situation was one of simple negligence resulting in an overpayment rather than deliberate fraud. Through negotiations, they arranged for the Officer to repay the correct amount overpaid by DFAS, thereby ensuring the U.S. government was made whole. This resolution highlighted the lack of criminal intent and mitigated the need for further disciplinary action.  The Officer was issued a Letter of Reprimand, but no court martial charges were preferred.

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