Procurement Card Fraud in the Military

At Bilecki Law Group, we believe every service member has earned the right to an aggressive defense on their day in court. If you are accused of abusing a government purchase card, we will examine the transactions, the authorization and the government’s theory of the case.

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The Governmentwide Commercial Purchase Card, often called a GPC or procurement card, allows authorized personnel to make or pay for government purchases. It is not a personal spending account. The cardholder’s authority, applicable rules and the purpose of the transaction matter. FAR 13.301.

An unusual transaction or an audit finding can lead to questions about how you used the card. Investigators may claim that purchases were personal, unauthorized or falsely documented. A flagged purchase is not, by itself, proof of criminal intent. The defense needs the underlying records and the specific offense the government alleges.

I’ve Been Accused of Procurement Card Fraud. Now What?

Assume nothing about the evidence in your case. Consult a military defense attorney before answering investigative questions or submitting an explanation of the purchases. Preserve receipts, approvals, messages and other records you lawfully possess. Do not alter documents, delete communications or contact witnesses to coordinate accounts. Your lawyer can help identify what needs to be obtained through proper channels.

An investigation does not establish what disposition will follow. The facts, the alleged offense and the authorized decision maker matter. Your defense should address the allegation early without assuming that charges, dismissal or an administrative outcome are inevitable.

Early defense work can help preserve approvals, identify witnesses and reconstruct the electronic paper trail while the details are still available. We examine the transactions and the government’s interpretation of them. The goal is to find out what happened and prepare a defense supported by the records, not simply wait for the audit conclusion to become the prosecution’s story.

Defending a Service Member Accused of Purchase Card Misuse

Bilecki Law Group has defended service members accused of procurement card fraud. These cases demand close attention to the documents and to the people who requested, approved, purchased and received the goods or services. We examine several questions:

How Did the Government Identify the Transactions?

We examine the audit method, the records reviewed and any assumptions used to identify suspicious purchases. We also examine how investigators obtained additional records and whether a search, seizure or statement presents a legal issue. An audit discrepancy and unlawfully obtained evidence are different questions.

What Was Authorized, and Where Did the Purchase Go?

A purchase may have served a government purpose, but that alone does not establish that every applicable rule was followed. We review your appointment and purchasing authority, training, approvals, receipts, delivery records and communications. Who requested the item? Who received it? Was it returned, credited or used for the claimed purpose? Those details can separate an innocent transaction, an administrative error and an alleged criminal act.

Is the Government’s Amount and Charging Theory Correct?

We check the dates, values, duplicate entries, credits and ownership or possessory interests involved. A card statement does not answer every element of a larceny charge. There is no general minimum dollar amount that alone determines whether a general court-martial may hear a UCMJ offense. Amount can affect the charged offense and punishment, but it does not resolve the case by itself.

Where the facts and law support it, we can seek dismissal, narrower charges or another appropriate disposition. Those are options to pursue, not outcomes to promise. Article 18.

Hiring counsel is a decision about who will stand beside you and do the work your case requires. If your position is “I will not go down without a fight,” we understand it. We will test the allegations and explain your options candidly.

Depending on the facts, allegations may involve Article 121 larceny or wrongful appropriation, Article 92 violations of orders or duties, or Article 107 false official statements. Those offenses have different requirements. A larceny allegation raises questions about wrongful taking, obtaining or withholding and intent to deprive permanently; wrongful appropriation involves temporary deprivation. A false official statement requires, among other things, knowledge of falsity and intent to deceive.

A conviction can carry confinement, forfeitures, reduction in enlisted grade and a punitive separation, depending on the offense and your status. Debt collection or repayment questions require separate examination; an audit total is not automatically the correct criminal loss or the amount you owe. Benefits have their own eligibility rules. Articles 121, 92 and 107.

How Does the Government Identify Possible Procurement Card Fraud?

Auditors may question a change in spending, an unusual merchant, a missing receipt or a mismatch between the purchase and the stated government need. A routine review may also identify transactions for further inquiry. We examine the actual reason your transactions were questioned and whether the supporting records resolve or contradict the concern.

How Do I Know What I Am Authorized to Buy?

Start with your actual appointment and delegated authority, then the applicable DoD, service and local procedures. FAR 13.301 permits the card only for purchases otherwise authorized by law or regulation and requires agencies to establish procedures for its use and control. DFARS 213.301 supplies additional DoD requirements. A purchase limit, training certificate or supervisor’s request should be read in that framework.

For an allegation concerning a past transaction, we examine the rules and authority that applied at the time. A general purchase-card list from another agency does not establish what a military cardholder was authorized to do. FAR 13.301 and DFARS 213.301.

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