Let’s be honest. We live in a world where social media is a part of everyday life. Whether it’s posting family pictures, checking into a favorite restaurant, or sharing a quick video of your dog doing something ridiculous, social media is where we tell our stories. But if you’re under investigation for BAH fraud, your social media could be doing a lot more than telling your story—it could be writing the prosecution’s case against you.
In my experience defending service members, social media has been a silent witness in more cases than I can count. It’s the unintentional accomplice that investigators love to rely on, and most people don’t even realize it until it’s too late. So, let me walk you through why social media can be your biggest liability during a BAH fraud investigation and what you need to do about it.
The Case of the Brisket Photos
Imagine this: You’re stationed in Korea on an unaccompanied tour. You’re claiming BAH for your family, who’s supposed to be living in Honolulu. The money’s good—Honolulu rates can hit $4,000 a month—but here’s the problem. Every day, your spouse is posting pictures of brisket from Rudy’s Barbecue just south of Fort Cavazos, Texas. And not just one post—there’s a consistent pattern. The geotags, the timestamps, the frequent check-ins at Texas landmarks—it all paints a picture that’s very different from the one you’re claiming.
When investigators see this, they don’t need much more to start digging. Social media is their bread and butter. It’s public, it’s accessible, and it’s often overlooked by the person under investigation. In this case, those brisket photos have just become Exhibit A. They’re proof that your family isn’t living in Honolulu, which means you’ve been collecting thousands of dollars in housing benefits you’re not entitled to.
Why Social Media is a Double-Edged Sword
Social media feels harmless because we’re used to sharing everything. It’s second nature to tag locations, post pictures, and share updates about our lives. But here’s the reality: Investigators are watching. If you’re under investigation, you better believe your social media is one of the first places they’ll look. And it’s not just your accounts they’re checking—it’s your spouse’s, your kids’, and even your extended family’s. Every post, every picture, every comment becomes a piece of evidence they can use.
What makes social media so dangerous in these cases is how easy it is to contradict yourself without realizing it. You might claim your family lives in one location, but if their Instagram feed is full of posts from a completely different place, you’ve got a problem. And it’s not just about posts. Geotags, check-ins, even the background of a photo can be used to poke holes in your story.
Lock It Down, Don’t Delete It
The first thing I tell clients who are under investigation is this: Lock down your social media accounts. Make them private. Change the settings so only you and your closest family members can view the content. But—and this is critical—do not delete anything. Deleting posts or entire accounts can make you look guilty, even if you weren’t doing anything wrong.
Here’s why: Deleting content creates the impression that you’re trying to hide something. Investigators can request access to deleted posts, and if they find out you’ve been scrubbing your accounts, it raises a whole new set of questions. Why did you delete it? What were you trying to hide? Those questions alone can make a bad situation worse.
So, don’t delete. Just lock it down. Take your Facebook, Instagram, Snapchat, TikTok—whatever platforms you’re using—and make them private. Do the same for your spouse’s accounts, if possible. The goal here isn’t to erase your digital footprint but to protect it from prying eyes.
The Power of a “Low Profile”
During a BAH fraud investigation, less is more. The less you post, the less ammunition investigators have to work with. This isn’t the time to share updates about your life, tag locations, or check into your favorite spots. Every post you make is a potential piece of evidence. Even something as simple as sharing a photo of your dog in the backyard could raise questions if that backyard isn’t where you’re claiming to live.
Here’s another reason to keep a low profile: Investigators often look for patterns. If they see consistent activity in a location that doesn’t match your claimed residence, they’ll start digging. And once they start digging, it’s hard to stop them. Keeping a low profile minimizes the risk of giving them a reason to start.
The Bigger Picture: Managing Perceptions
Social media isn’t just about evidence—it’s about perception. If investigators see a pattern of posts that contradict your official records, they’ll use it to paint a narrative. They’ll argue that you were deliberately trying to deceive the government, that you knew your family wasn’t living where you claimed, and that you were knowingly collecting benefits you weren’t entitled to.
Even if the truth is more complicated—even if there was no intent to deceive—perception matters. In a courtroom, the prosecution will use every piece of evidence they can find to build their case. And social media? That’s low-hanging fruit.
What You Should Do Right Now
If you’re under investigation—or even if you suspect you might be—here’s what you need to do:
- Lock Down Your Accounts: Make all your social media accounts private. Adjust the settings so only you and your immediate family can see your content.
- Stop Posting: This isn’t the time to share updates or tag locations. Keep a low profile until the investigation is resolved.
- Talk to Your Spouse: If your spouse is active on social media, explain the situation to them. Encourage them to lock down their accounts and stop posting as well.
- Consult an Attorney: Don’t try to navigate this alone. An experienced attorney can guide you on how to handle your social media presence without incriminating yourself.
- Preserve Your Accounts: Do not delete posts or accounts. Deleting content can make you look guilty and complicate your defense.
Final Thoughts: Think Before You Post
Social media is a powerful tool, but during a BAH fraud investigation, it’s a liability. It’s a window into your life that investigators will gladly peer through. The best thing you can do is close the blinds—lock down your accounts, stop posting, and focus on building your defense.
Remember, perception is everything in these cases. Even innocent posts can be twisted to fit a narrative that works against you. Don’t give investigators the ammunition they’re looking for. Think before you post—or better yet, don’t post at all.
And if you’re already in the thick of it, don’t panic. Get the right legal help, take the right steps, and protect yourself. Social media might be working against you now, but with the right strategy, you can turn things around.