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BileckiLaw Group

Case result

Army SFC Acquitted of BAH Fraud After Defense Establishes Spouse’s Primary Residence

An Army Sergeant First Class at Schofield Barracks faced charges of BAH fraud in April 2016. The accusation was that the Sergeant claimed an inflated BAH by stating that his wife resided at a location with a higher housing allowance rate, while the government contended she actually lived in an area with a lower rate.

Tim Bilecki was retained to represent the Sergeant. The key argument of the defense was centered on proving the legitimacy of the Sergeant’s BAH claim.

At trial, Tim challenged the government’s treatment of the wife’s travel as proof that she lived somewhere else. He presented evidence establishing her primary residence at the location the Sergeant had claimed. Her trips to other locations did not change that residence.

The defense tied those facts to the housing-allowance rules and contested the allegation of fraud. The panel acquitted the Sergeant First Class of all charges and specifications.

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Prior results do not predict future outcomes.