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June 2019
Tim Bilecki

Bilecki Litigates to Mitigate, Reduces Sentencing for Army SGT in BAH Case

BAH Fraud
Camp Humphreys, South Korea
Army Sergeant – E-5
Guilty verdict, sentenced to 60 days of confinement and a BCD.

An Army Sergeant became the target of a CID investigation regarding the pay and allowances he was receiving.  The Soldier was claiming San Francisco BAH for his spouse while he was stationed in Korea.  His spouse had never resided in San Francisco, and the address he provided to the DFAS was an abandoned lot.  

After being charged with Article 121 (Larceny – BAH Fraud) and Article 107 x 6 (False Official Statement) at a General Courts Martial, the Soldier retained BAH defense lawyer Tim Bilecki.

The Government initially offered a deal to cap confinement at 121 days, which Bilecki rejected.  We instead flew to Korea and took the case to a fully contested court martial.  At trial, the members found our client guilty of all charges and specifications and sentenced him to 60 days confinement, reduction to E-1, forfeiture of all pay and allowances, and a BCD.  

Ultimately, while our strategy was always to win the trial, we were also in the mindset of “litigate to mitigate,” and it was effective.  The sentence given by the panel was less than the Soldier would have received if he had entered the guilty plea.

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