MILITARY LARCENY & FRAUD CASES
Military Larceny, Fraud and Other Related Cases
Greg McCormack has successfully represented numerous military larceny, fraud, obstruction of justice and other related cases for his US military clients worldwide.
THE LISTING OF SPECIFIC OR CUMULATIVE CASE RESULTS IN THIS WEBPAGE IS PROVIDED FOR YOUR REVIEW. YOU NEED TO BE AWARE THAT ACTUAL CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE TO EACH CASE. THE CASE RESULTS PROVIDED DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY CASE UNDERTAKEN BY THIS LAW FIRM.
BAH and Travel Fraud Charges
We have seen a recent surge in investigative activity, and prosecution of charges related to alleged false BAH and Travel Claims. Due to the variation as to entitlements for BAH based on the location in which dependents live, active duty military personnel are facing charges related to allegations of submission of false claims for BAH entitlements which can involve significant amounts of money. With the extensive mobilization of reservists, travel and housing claims are also a major problem that reservists called to active duty may have to deal with. On many occasions, active duty personnel and reservists find themselves facing criminal charges related to allegations of false claims. While cases can involve intentional acts to defraud the Government, we are frequently seeing reservists who truly believe that they have done nothing wrong, only to find out that they did not understand the complex rules that must be followed regarding these claims. The end result is that the reservists who are called to active duty on short notice, willing to serve our country in the war on terrorism, can end up facing serious criminal charges in Courts-Martial that can result in federal convictions, jail time and punitive discharge, with the devastating consequences flowing over into their civilian occupation on many occasions. Active duty personnel in this situation can also face prosecution and the resultant consequences which may inevitivably lead to the end of their career, in addition to the federal convictions and jail time. Our office has defended numerous active duty personnel and reservists in fraud claims and we will aggressively assist you in an effort to secure the best possible result.
Below is a listing of successful example cases resolved by the firm concerning a wide range of larceny and fraud cases.
Air Force Reservist Obtains RILO In Alleged Larceny Case
Air Force O-4 reservist was ordered to active duty to face charges related to multiple counts of conduct unbecoming an officer concerning alleged larceny of AAFES funds through fraudulent returns, for full retail prices, of items purchased from the exchange at discount prices. Facing General Court-Martial, we submitted a RILO after the Art. 32 in an effort to secure an administrative separation in lieu of court-martial to avoid the risk of the conviction and sentence to include possible confinement and punitive discharge. Although it is extremely difficult to secure approval of a RILO in an officer case with the Air Force, our request for RILO was approved.
Favorable Result For Past Larceny
Army Reserve O-5, recalled to active duty for charges preferred to trial by court-martial (violations of the UCMJ, while on active duty, Article 107, false official statement; Article 121, larceny of government money; and Article 132, false and fraudulent claim against the government). Through Mr. McCormack's representation, a resignation for the good of the service was negotiated (with restitution paid), submitted, and subsequently approved, by the Secretary of the Army. All court-martial charges were WITHDRAWN, and all court-martial proceedings VACATED.
Navy E-7 Charged WIth Larceny - CHARGES DISMISSED
Navy E-7 with 11+ years of service assigned on an aircraft carrier was charged with false official statement and larceny of over $7,000 related to an accusation of BAH fraud. The command elected to take him to NJP, which he could not refuse due to being assigned on a ship. We were able to secure a DISMISSAL of the charges after our client passed a civilian and NCIS polygraph.
Coast Guard Officer Avoids Jail
Coast Guard junior officer was facing charges of larceny, fraud and false official statements related to false travel claims of a value of approximately $ 50,000.00. Upon receipt of the Report of Investigation, it was apparent that the evidence against our client was significant and had the case proceed through trial by General Court-Martial, he would have faced a federal conviction, most likely with a period of confinement and dismissal (equivalent to a Dishonorable Discharge) from the Coast Guard. We were able bring this to a resolution, before he was even charged, by securing approval of a Resignation in Lieu of Court-Martial.
Marine Granted Relief On Multiple Charges
Active Duty Marine Corps E-3 was convicted by summary court-martial for violations of the UCMJ (larceny, attempt, false official statement, and unlawful entry). Upon application to the Judge Advocate General, pursuant to Article 69(b), UCMJ, the Judge Advocate General granted relief by disapproving all findings of guilt and sentence, and DISMISSED the charges.
Army LTC REservist Reduced Charges for Multiple Criminal Counts
Army Lieutenant Colonel (0-5) reservist, with over 20 years of service, was implicated in a fraud investigation related to entitlements while on active duty. Our client was charged with 10 specifications of larceny, 9 specification of fraud against the US, 1 specification of false official statement, 1 specification of forgery, 2 specifications of violation of a general regulations and 1 specification of conduct unbecoming an officer. Due to some factors in the case, avoiding trial by court-martial was crucially important to our client, as well as trying to salvage our client’s retirement.
In a very unusual tactical move, Mr. McCormack set up a meeting with our client and the prosecutor prior to trial by General Court-Martial – the belief here was that we could show the prosecutor that proceeding to trial was not the appropriate move with our client. Shortly after that meeting, it was apparently that our tactical move was successful and we now had the prosecutor on board with attempting to avoid the case going to trial. Despite the fact that the immediate level of command and the prosecutor supported a request for a resignation in lieu of trial by court-martial, which if approved would have resulted in an other than honorable discharge, that request was eventually denied by the Department of the Army, which put us right back on track for going to the court-martial.
In a continuing effort to avoid court-martial, Mr. McCormack thereafter negotiated an alternative resolution where the government agreed to DISMISS all charges and to terminate the court-martial proceedings upon our client accepting a General Officer Art. 15 on only 2 charge (1 specification of larceny and 1 specification of fraud). Our client appeared at the Art. 15, plead not guilty to the charges and was, as expected, found guilty by the General of both charges. Minor punishment was imposed, the court-martial charges were dismissed, and our client was thereafter permitted to retire from the Army without any criminal record whatsoever.
Army E-7 Receives Lesser Punishment for Larceny Charges
Army E-7 charged with 17 offenses related to alleged theft of a large quantity of Meals Ready to Eat, to include a second charge of larceny of MRE's which were allegedly traded for a used car, several specifications of obstruction of justice, as well as wrongful appropriation, dereliction of duty, disobeying a lawful order and false official statement to a CID agent. All efforts to reach an alternate disposition failed and the case proceeded to a fully contested trial with members. We were able to secure dismissal of several specifications during the course of the trial and although the members found our client not guilty of the larceny offenses, he was convicted of negligent dereliction of duty, obstruction of justice, wrongful appropriation and false official statement to the CID agent.
At the sentencing hearing, the prosecution argued that our client lost his right to be a NCO and asked that the jury separate our client from the Army with a Dishonorable Discharge. Our client was sentenced to a one grade reduction to E-6, a reprimand, and a forfeiture of less than a thousand dollars a month for 6 months. The sentence will permit our client to remain in the service and to retire from the Army.
CHARGES WITHDRAWN Against Naval Officer Accused of Larceny
Naval officer was charged with larceny of U.S. currency of a value of about $24,497.00, the property of the United States Treasury related to allegations of BAH fraud. Additionally - in connection with that charge, he was charged with signing an official document, on three separate occasions, stating that his wife was living at another residence. Prior to trial by General Court-Martial, we had our client take a civilian polygraph test on the issue of whether or not he knew the actual place of residence of his wife, which he passed. We then were able to get the command to approve a NCIS polygraph, which we were present for - he also passed that polygraph. The command still refused to dismiss the charges although our client offered to repay over $ 20,000, so we then had to secure affidavits from his wife, as well as a male acquaintance, to support our client's position. After extensive negotiations, ALL CHARGES WERE WITHDRAWN.
CHARGES DISMISSED In Alleged Theft
Our client, a Navy man with over 12 years of active service, was charged with stealing materials from a major hardware store. He plead not guilty to the charge of petty larceny at trial. The store’s loss prevention manager testified that he saw our client leave the store without paying. Our attorney argued that it was a misunderstanding and that another individual was supposed to pay before leaving the store. The judge decided to impose a deferred finding and ordered that the charge be DISMISSED after six months if he commits no further criminal offenses during this time.
Refusal Of Random Military Car Search - DEFERRED DISMISSAL
We were retained by a civil service employee to represent her in court on a charge of obstructing justice. The employee was accused of interfering with the military police in the performance of their duties for not allowing them to search her vehicle and otherwise non-compliance with their orders after being randomly stopped for a car search. After several attempts by the police to get her to allow them to search her vehicle, she steadfastly refused to cooperate. This led to her being arrested and charged with obstructing justice. At trial, we argued that due to the circumstances and our client’s clean record, she should not be convicted and asked the court to defer the finding. The court ultimately agreed and imposed a deferred finding whereby the charge will be dismissed if our client commits no other violations of the law during the deferral period.
Navy E-8 Charged With Larceny - RETAINS SERVICE
Navy E-8 with well in excess of 20 years of service was charged with larceny of over $60,000 from the Chief's fund on board a Naval ship. Evidence showed our client wrote many checks from the Chief's fund payable directly to himself and used for his personal expenses. We were able to negotiate a plea agreement that provided for partial restitution of the stolen funds, and a sentencing cap to limit his confinement, but still exposed him to a punitive discharge and resultant loss of his retirement benefits. After our plea agreement was accepted, the Government counsel argued for a lengthy period of confinement, and pressed hard to secure a punitive discharge. We asked for a reduction to an intermediate pay grade, no discharge and 89 days of confinement. The judge reduced our client to E-3, gave him 89 days of confinement, and DID NOT DISCHARGE him. Our client has RETIRED FROM THE NAVY.
Navy E-7 Avoids Being Punitively Discharged
Navy E-7 was charged with conspiracy and theft of assorted government property, all of which was recovered from his garage. We negotiated a plea agreement that significantly limited our client’s exposure at trial, and then secured a sentence of only 30 days of confinement, reprimand and reduction to the pay grade of E-5. Our client WAS NOT SENTENCED TO BE PUNITIVELY DISCHARGED.
NO PUNISHMENT For Death Of Navy Seal
Navy E-7 was taken to a courts-martial where a Guilty plea was entered on one specification of Dereliction of Duty in a case involving the shooting death of a Navy SEAL. An enlisted jury returned a sentence of NO PUNISHMENT.
Naval Officer Avoids Punitive Dismissal
Naval officer was implicated in offenses related to conspiracy to commit larceny and sale of military property, as well as hazing of a junior enlisted member and falsification of personnel records. After extended pre-trial negotiations, we secured a plea agreement where the majority of the charges were dismissed and our client was given protection as to imposition of a punitive dismissal or confinement if he submitted a resignation request.
Army Warrant Officer Avoids Dereliction of Duty Charge
An Army Warrant Officer who was the Commander of a small vessel was charged with several counts of dereliction of duty and other charges related to the discharge of several hundred gallons of fuel oil into local waterways. After the Article 32 Investigation, the charges were WITHDRAWN.
E-6 Promoted Despite Forgery Accusation
USAF E-6 with 13 years of service reduced in rate to E-5 at NJP for forgery of superior NCO's signature on a performance of duty report form. Service member had a previous incident related to questions on TAD travel expense claims. We were able to secure a "SET ASIDE" OF NJP, restoring client to previous status as E-6 and, one year later, client PROMOTED TO MASTER SERGEANT.
Navy CWO Found NOT GUILTY Of Theft
Navy Chief Warrant Officer was charged with assorted violations of the UCMJ related to alleged theft of government computer equipment from DRMO. Client had 20+ years of service and was advised of the charges the day before his retirement ceremony. Two co-defendants implicated the client as having received stolen government property. Client was found NOT GUILTY of all charges by the jury and retired the following week.
Navy Man Avoids Confinement in Kick-Back Scandal
Navy E-6 was implicated in an investigation concerning the theft of military property which evolved from a kick-back scandal with civilian suppliers. Our client was the supervisor of the person who was stealing the property and eventually became embroiled in conspiracies to wrongfully dispose of the property and obstruction of justice. Through extended pre-trial negotiations, we secured a pre-trial agreement which resulted in about half of the charges being dismissed and limiting confinement to 9 months. At the sentencing hearing, we secured a sentence from the military judge that DID NOT INCLUDE ANY CONFINEMENT AT ALL.
Air Force E-5 ACQUITTED Of Drug and Fraud Charges
An E-5 in the Air Force faced a General Courts-Martial for use of cocaine. Prior to trial, the Government preferred an additional charge related to BAH fraud. We secured a withdrawal of the fraud charge after the Art. 32, then when we went to trial on the drug charge, our client was ACQUITTED. We secured the acquittal without putting on any evidence in our case.
E-6 Reservist RETAINED SERVICE After Charges
E-6 Reservist, with 15 years of service, living overseas charged with improper registration of POV through tax-free on-base MVRO as well as multiple specifications of improper purchase of tax-free items through Exchange System when no longer eligible as result of demobilization. By unanimous vote of Administrative Separation Board our client was RETAINED and permitted to continue career toward achieving retirement eligibility.
Air Force E-6 CHARGES WITHDRAWN In Compromising of Materials Charge
An E-6 in the Air Force was charged with offenses related to compromising of performance testing materials. After an ART. 32 Investigation, the charges were referred to trial by General Courts-Martial, however we secured WITHDRAWAL of the charges prior to the trial.
Navy Man To RETAIN SERVICE Despite Multiple DUI Charges
Navy E-6 with 18 ½ years of service was processed for misconduct based upon 3 convictions for driving under the influence. At an Administrative Separation Board, we secured a recommendation that the separation be suspended, however the command was adamant that our client be separated. Through continued representation after the board, we were able to get the Naval Personnel command to RETAIN our client so that he will be able to retire.
THE LISTING OF SPECIFIC OR CUMULATIVE CASE RESULTS IN THIS WEBPAGE IS PROVIDED FOR YOUR REVIEW. YOU NEED TO BE AWARE THAT ACTUAL CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE TO EACH CASE. THE CASE RESULTS PROVIDED DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY CASE UNDERTAKEN BY THIS LAW FIRM.