BAH & DTS Fraud Cases

During the past decade, with a constant heightened operations tempo caused by multiple deployments, the U.S. military has mobilized countless reservists and guardsmen to ensure mission success.  Without their sacrifice, it would be impossible for the various branches of service to accomplish their mission.  Rather than be rewarded for their sacrifice, many service members, whether active duty, reserve or guard, have found themselves the subject of investigations resulting from law enforcement task forces set up to combat alleged fraud regarding Basic Allowances for Housing (BAH) and Defense Travel Service (DTS) authorizations.

rental agreement, close-up
rental agreement, close-up

The government travel regulations and finance rules governing entitlements are constantly changing, subject to multiple interpretations, and are many times confusing to even those in charge of enforcing such regulations. Time and time again, service members are given conflicting information by different individuals in the same office, and only discover that their paperwork was incorrectly completed when they are notified they are the subject of a criminal investigation.

Frequently, allegations of fraud will follow when there are changes to the status of the service member resulting in them receiving benefits they are not entitled to receive. Some of these changes include:

  • Moving dependents from a high costs area (such as New York City) to a low-cost area (such as Fort Polk, Louisiana) without notifying finance of the move;
  • Divorcing a dependent spouse without notifying finance of the change in status from “with dependent” to “without dependents”;
  • Changing from a temporary duty status entitled to per diem and lodging to a permanent duty status without notifying the proper authorities and continuing to receive temporary duty benefits;

Other times, a service member will intentionally mislead authorities in an attempt to gain benefits they are not entitled to receive by the following:

  • Creating fictitious travel authorizations and submitting fake receipts for such travel;
  • Using fake locations for dependents and submitting a phony lease to receive an improper BAH rate;
  • Using a fake lease to receive greater housing allowance in overseas locations;
  • Creating a fictitious marriage certificate to receive “with dependents” entitlements;
  • Fabricating receipts for lodging or travel when such expenses were not incurred;
  • Misrepresenting any material fact on government documents to receive entitlements that the service member is not lawfully entitled to receive.
Divorce Decree - Military Defense-Court-Martial-Defense-Lawyer-Helixon
Divorce Decree – Military Defense-Court-Martial-Defense-Lawyer-Helixon

Fraud investigations have made headlines across the force over the past several years. Whether in Europe, active duty, the reserve component or the National Guard, fraud investigations are on-going.

Will Helixon has prosecuted and defended Soldiers facing allegations of fraud. He understands the elements of proof, the strengths and weaknesses in the government’s case, the shortcuts investigators almost always take, and how to put the government to its high burden. He knows these cases.

The risks are great – your career, your freedom, and your family.

In addition to years of experience handling these fraud cases in the U.S. Army, Will spent from 2014 to 2016 working as a corporate counsel for a financial services company defending registered representatives (brokers) charged with multiple millions of dollars of fraud and misrepresentation in the sale of securities.

Helixon Law, a division of the Law Office of Will M. Helixon, focuses exclusively on protecting investor’s rights and suing broker/dealers for securities fraud for among other things, violating the regulations of the Securities and Exchange Commission (SEC) and the Financial Regulatory Agency (FINRA).

If you are under investigation or pending a legal action for BAH, DTS or OHA fraud, call Will Helixon today to use his vast experience and financial fraud expertise to hold the government accountable to prove their case, and defend you to the fullest extent of the law.

Whether you need a court-martial defense lawyer or a lawyer to fight adverse administrative actions to protect your career, the Law Office of Will M. Helixon is here to fight for your rights.

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