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Tim Bilecki

What to Do If You’re Under Investigation for BAH Fraud

Let’s talk about one of the most high-stakes moments a service member can face: being told you’re under investigation for BAH fraud. Maybe it’s a quiet word from your command, or maybe it’s more official—a knock at your door from law enforcement. Either way, your world shifts in an instant. And how you respond in those first few moments can mean the difference between clearing your name and facing a court-martial.

Here’s the hard truth: When you’re under investigation, the military isn’t playing around. They’re not just looking to recover a few overpayments; they’re building a case. And what might feel like a misunderstanding to you is being treated as larceny or fraud—a criminal offense that could cost you your career, your reputation, and your freedom. So, let’s get into it. Here’s what you need to know, what you need to do, and—just as importantly—what you absolutely should not do.

Step 1: Invoke Your Right to Counsel—Immediately

The very first thing you need to do is invoke your right to counsel. Not tomorrow. Not after you “clear a few things up” with investigators. Right now. The minute you find out you’re under investigation, stop talking and ask for an attorney.

Why is this so important? Because anything you say can and will be used against you. That’s not just a cliché from cop shows; it’s reality. Investigators are trained to build cases, not clear up misunderstandings. You might think you’re helping yourself by explaining what happened or providing some background information, but trust me—you’re not. Every word you say is another piece of evidence they can use to paint you in the worst possible light.

Here’s what you say: “I invoke my right to counsel.” That’s it. Nothing more. Don’t explain, don’t justify, and definitely don’t start handing over documents. Once you’ve invoked your rights, stop talking. The next step is to get an attorney on your side.

Step 2: Choose the Right Legal Representation

You have options when it comes to legal counsel. The military provides Trial Defense Service (TDS) attorneys for free, and they’re a solid choice if you can’t afford civilian representation. But if you have the resources, hiring a civilian attorney who specializes in military law can give you an edge. Civilian attorneys often have more time and flexibility to devote to your case, and they can work with TDS counsel to build a comprehensive defense.

The key here is honesty. Whether you’re working with a TDS attorney, a civilian lawyer, or both, you need to be upfront about what happened. Is this a case of actual fraud, or was it a mistake? Did you knowingly list an incorrect address to boost your BAH, or was there a misunderstanding about your family’s living situation? Your attorney can’t help you if they don’t have the full story. So lay it all out—good, bad, and ugly.

Step 3: Gather Your Documentation

While your attorney is preparing your legal defense, your job is to get your documentation in order. This is your chance to prove where your family was living during the period in question. Start with the basics:

Leases and Mortgage Agreements: These show where your family lived and when. Make sure they’re signed and cover the dates in question.

Utility Bills: These prove the property was actually occupied. If your utility usage is low—say, consistent with a vacant house—that’s going to raise questions.

School Records: If you have children, their school enrollment can tie your family to a specific location.

Travel Receipts: If your family relocated during your deployment, keep records of flights, moving trucks, and anything else that supports your case.

Keep these documents in a secure location. And here’s the most important part: Do not turn them over to law enforcement directly. Give them to your attorney, who will decide how and when to present them. This isn’t about hiding anything; it’s about making sure your evidence is presented in the right context.

Step 4: Let Your Attorney Handle Communication

This is where a lot of service members make critical mistakes. They think they can smooth things over by talking to investigators, their command, or finance. They start explaining why they filled out the form the way they did or handing over documents to “clear up the misunderstanding.”

Stop. Doing. That.

Every interaction with law enforcement, your command, or finance should go through your attorney. Period. Your attorney’s job is to protect you, and that includes managing all communication. They’ll handle what needs to be said, what documents need to be shared, and how to frame your case in the best possible light.

Step 5: Correct Your Entitlements (Carefully)

If your BAH or OHA payments were incorrect, you’ll need to fix that. But this is another area where you need to proceed with caution. Don’t just walk into the finance office and start making changes. Let your attorney guide the process to ensure you’re not inadvertently admitting guilt or creating more problems.

Sometimes, correcting your entitlements can resolve the issue administratively. Other times, it might involve repaying overages. Either way, the goal is to address the problem without incriminating yourself. Your attorney will help you navigate this process, making sure your actions support your defense rather than undermine it.

The Bottom Line: Be Proactive, Not Reactive

If you’re under investigation for BAH fraud, the worst thing you can do is sit back and hope it blows over. It won’t. The investigators are building a case, and every day you wait is another day they’re getting closer to charging you.

Be proactive. Invoke your rights, consult an attorney, gather your documentation, and let your legal team take the lead. This isn’t just about protecting your entitlements; it’s about protecting your career, your reputation, and your future.

And one last thing: Don’t panic. Yes, this is serious. But with the right strategy and the right team, you can navigate this. So take a deep breath, follow these steps, and let your attorney, preferably me, guide you through it.

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