Basic Allowance for Housing, Overseas Housing Allowance and Defense Travel System Fraud
Legal Help Following Military Criminal Charges
The military is, among other things, a massive bureaucracy. When procedural violations occur, detection can be slow or non-existent. When violations and fraud are discovered, however, the reaction can be severe. All branches of the military have sufficient reserves of funds and personnel to conduct a full investigation of alleged offenses and mount an aggressive prosecution.
If you have been charged with Basic Allowance for Housing, Overseas Housing Allowance or Defense Travel System fraud by the Army, Navy, Air Force, Marine Corps or Coast Guard, be prepared to respond to a hard-hitting prosecution with the help of a court martial defense attorney who has successfully handled cases such as:
- Basic Allowance for Housing (BAH) fraud involving a false living location that inflates housing payments, a fraudulent lease, failure to report a divorce or a false dependent claim
- Defense Travel System (DTS) fraud involving claims of travel destinations that result in higher travel payments, a conspiracy between a traveler and an authorizer, misuse of a government travel card or inflated mileage
- Overseas Housing Allowance (OHA) fraud involving an inaccurate resident address that inflated housing payments, or a sham marriage
Submitting a false BAH, DTS or OHA claim is punishable under the Uniform Code of Military Justice, and most cases involve enough funds to be classified as larceny. Larceny is a high-level offense (in contrast to a misdemeanor). In the case of BAH, DTS or OHA fraud, a larceny conviction will likely result in:
- A court martial
- A dishonorable discharge or bad conduct discharge and loss of benefits, including retirement benefits
- Imprisonment (the average prison term for Basic Allowance for Housing (BAH) fraud is five to ten years.)
A military criminal defense attorney can use knowledge of the military court system to fight to save your career, keep you out of jail and, ideally, help you remain in the military in good standing. To you, your case may seem hopeless. You might even be tempted to admit to perceived wrong doing, to negotiate terms on your own or to place your entire case and future in the hands of court-appointed military defense counsel.
Contact a military criminal defense attorney instead. The experienced attorneys at our firm can apply knowledge of military law and procedure to build an effective defense.
Perhaps command controls and oversight were weak. Perhaps you submitted a false report in error, clicked an online box in error or attempted unsuccessfully to halt payments you knew were inaccurate. Many defenses can result in a positive outcome. Additionally, military prosecutors know that, if your case goes to trial, they will need to accomplish three difficult tasks: prove you received fraudulent payments, prove you knew you received fraudulent payments and prove you retained fraudulently obtained funds with the intent of not returning them. Under these challenging circumstances, prosecutors are often willing to significantly reduce charges and greatly reduce legal penalties. They also often fail to prove fraud in court, resulting in the acquittal of the accused.
Military criminal law and procedure are extremely complex, and when you face criminal charges and your future hangs in the balance, it’s essential to obtain qualified legal help. Contact a military criminal defense attorney to learn more.