FraudAggressive. Diligent. Confident.
Military Fraud Defense Lawyer
Experienced Legal Advocacy for Military Personnel Accused of Fraud
If you or a loved one are facing accusations or charges related to military fraud, you need a skilled and experienced attorney to protect your rights and vigorously defend your case. Our team of dedicated legal professionals understands the complex nature of military fraud allegations and is committed to providing strategic guidance and aggressive representation throughout the legal process. With our unwavering commitment to justice and a proven track record of successful outcomes, we are here to fight for you. Trust McCormack & McCormack to be your steadfast military fraud defense attorneys, ensuring that your side of the story is heard and your rights are protected.
Many people tend to look at the Federal Government as having deep pockets and unlimited resources, but this simply is not the case. Although the entire U.S. government has a budget which ranges into the trillions of dollars, with more than half a trillion allocated to the Department of Defense alone, the government is - to put it simply - strapped for cash. As a consequence, there has been a recent surge in the number of investigations into fraud and similar activities involving those who attempt to make gains by stealing funds from the government.
Are you facing fraud charges while in the military? Call McCormack & McCormack today at (888) 490-0876 or contact us online to schedule a meeting with our military fraud attorney!
What Constitutes Military Fraud?
Military fraud encompasses a range of unlawful activities that involve deceit, misrepresentation, or fraudulent actions within the military context. While specific laws and regulations may vary, military fraud generally refers to fraudulent schemes or acts committed by military personnel, contractors, or individuals associated with the armed forces. These actions not only compromise the integrity of the military institution but also violate laws and regulations established to maintain accountability and uphold the trust of the public and fellow service members. It is essential to consult with a knowledgeable military fraud defense attorney to understand the specific charges and potential consequences associated with your case.
Common Types of Military Fraud
Article 132 of the Uniform Code of Military Justice outlines a number of different circumstances under which a service member may be charged with fraud. For example, you may face fraud charges if you are accused of presenting a claim for payment that you know to be false or if you make an oath or forge or counterfeit a false or fraudulent signature.
Similarly, fraud is charged in cases where someone who has been placed in charge, possession, custody, or control of funds that belong to the Armed Forces knowingly shortchanges the government by withholding some of the funds or skimming off the top, as well as if someone who has the authority to issue a receipt for the delivery of property does so without full knowledge of the truth of the statements and with the intent of defrauding the government.
What are the Penalties for Military Fraud?
Military fraud offenses can lead to severe consequences, including:
- Administrative Actions: Military personnel found guilty of fraud may face administrative actions such as reprimands, loss of rank, or demotion. These actions can negatively impact one's military career, advancement opportunities, and future assignments.
- Confinement: Depending on the severity of the offense, military fraud convictions can result in periods of confinement. The length of confinement can vary depending on the offense and may range from months to years.
- Dishonorable Discharge: Military fraud convictions may result in a dishonorable discharge, the most serious type of discharge. A dishonorable discharge can have significant long-term consequences, including loss of military benefits, difficulty finding employment, and negative social stigma.
- Fines and Restitution: Individuals convicted of military fraud may be ordered to pay fines as a form of punishment. Additionally, they may be required to make restitution for any financial losses incurred due to their fraudulent actions.
- Civil Penalties: In certain cases, military fraud offenses may also lead to civil penalties imposed by civilian courts. These penalties can include monetary fines, damages, and other legal consequences.
It is important to remember that penalties can vary based on the specific circumstances and the applicable laws and regulations. Each case is unique, and the outcome will depend on factors such as the severity of the offense, the individual's criminal history, and the evidence presented. If you are facing military fraud charges, it is crucial to consult with a qualified military fraud defense attorney who can provide personalized guidance and help protect your rights throughout the legal process.
Defenses Against Military Fraud Charges
When facing military fraud charges, there are several defenses that an experienced military fraud defense attorney may employ to protect your rights and build a strong defense strategy. Some common defenses against military fraud charges include the following:
- Lack of intent: If it can be established that you did not have the intention to commit fraud or engage in deceptive actions, it can be a powerful defense. This may involve proving that any misrepresentations or fraudulent acts were unintentional or resulted from a misunderstanding.
- Insufficient evidence: Your defense attorney may challenge the prosecution's evidence to demonstrate that the evidence is insufficient or unreliable. This could involve questioning the credibility of witnesses, the accuracy of documents, or the methods used to gather evidence.
- Mistaken identity: If mistaken identity is possible, your defense attorney may present evidence or raise doubts about whether you were the individual responsible for the fraudulent acts. This defense may be particularly relevant in cases involving identity theft or impersonation.
- Lack of jurisdiction or authority: Your defense attorney may argue that the military court does not have jurisdiction over the alleged offense or that the commanding officer or investigating authority lacked the necessary authority to pursue the charges against you.
- Entrapment: If you can demonstrate that you were induced or coerced by law enforcement or military officials to commit the fraudulent acts, your defense attorney may argue entrapment as a defense strategy.
- Procedural errors: Your defense attorney will scrutinize the entire legal process to identify any procedural errors, constitutional rights violations, or evidence mishandling. If such errors are found, they can weaken the prosecution's case or even lead to the dismissal of charges.
- Lack of evidence of financial gain: If the prosecution cannot demonstrate that you benefited financially from the alleged fraudulent acts, it may weaken their case. Your defense attorney may challenge the link between your actions and any alleged financial gain.
These are just a few potential defenses against military fraud charges, and the specific defense strategy will depend on the unique circumstances of your case. It is crucial to consult with an experienced military fraud defense attorney who can assess your situation, analyze the evidence, and develop a defense strategy tailored to your needs.
Contact Our Military Fraud Defense Attorney Today
Some of the most common types of fraud cases which we see at McCormack & McCormack involve the false claims for Basic Allowance for Housing benefits, as well as those involving travel voucher fraud. In many cases, the charges are based on a simple and honest mistake on the part of the accused, while in others it was an intentional scheme such as when a service member has been embezzling funds. Whatever the circumstances involved in your case, you can greatly improve the likelihood of a favorable outcome by hiring a military criminal defense lawyer from our firm.
Contact McCormack & McCormack today to schedule a FREE consultation with our military fraud lawyer!