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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



Military Fraud Criminal Lawyers

Military fraud cases are complicated. The accounting is difficult, the regulations are complicated, and a military fraud lawyer needs to present the defendant’s contributions and good qualities to absolve them of guilt. If you have been charged with military fraud, read on for an in depth understanding of what these charges entail.

What is Fraud?

The Uniform Code of Military Justice, Article 132, sets out some of the scenarios where a service member can be accused of fraud. Fraud covers a broad range of offenses from counterfeiting, forgery, or making false claims. When a person uses deceit to unlawfully take another individual’s possessions or services, they are guilty of a fraud offense.

A service member may also be accused of fraud if they are placed in charge, custody, or possession of funds that belong to the Armed Forces and they knowingly scheme to defraud the government by withholding a share of the funds. One of the most common military fraud cases are basic home allowance fraud and overseas housing allowance fraud.

Basic Home Allowance Fraud

BAH/OHA allowance rates are usually set by considering one’s location, dependency claims, and pay grade. BAH/OHA fraud does not simply mean benefiting from overpayment. It is considered larceny. It is comparable to submitting a falsified check to the bank and taking money that is not yours. Larceny charges can carry a maximum sentence of 10 years imprisonment and dishonorable discharge from the service in accordance with the Uniform Code of Military Justice. A BAH/OHA fraud conviction can also include a forfeiture of pay and reduction in rank.

Examples of BAH/OHA Fraud

Some of the classic examples of BAH/OHA fraud includes:

False records about one’s residence

Family residing in a low cost address but claiming money for a high cost address

Falsely claiming that one has dependents or exaggerating the number of dependents

Falsified or fake marriage documents

Fake rental agreements

An illustrative example of BAH fraud is when a service member falsifies where they reside and arranges a fake marriage to knowingly defraud the government. OHA frauds mainly involve marrying foreign nationals when one is on deployment and using this position to defraud the government. When a foreign national marries a U.S. service member, they qualify for citizenship and will get a military dependent identification card. If a service member asserts that their foreign spouse resides in a higher cost foreign country, they qualify for a high housing allowance.

Liability for Military Fraud

To prove military fraud, the prosecutor needs to show you intended to unlawful deprive someone or the government of their property, money, or services. The prosecution needs to show that you were aware that the information you were giving was false or fraudulent. BAH/OHA fraud cases are tried according to the false official statements and larceny statutes. For a service member to be convicted, they must have filled a house allowance claim form with the intention of deceiving. Therefore, if the service member completed the claim form incorrectly, this is not enough for them to be charged. Moreover, to be deemed guilty of larceny, the prosecution needs to prove that the defendant received money they were not entitled to get and yet knowingly kept the money with the intention of never giving it back. Military fraud lawyers normally use the requirement to prove intent to sabotage the prosecution’s case.

Summing it Up

If you are accused of military fraud, you are probably facing a long time in prison with a discharge from official duty. In less serious cases, you may be demoted or dismissed for an indefinite period without pay. To survive a conviction for military fraud, you need a qualified military fraud lawyer to help disable the prosecution’s case and prove your innocence.


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Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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