Facing OHA/BAH Fraud Charges in California?
Don’t Panic. Military Law Center Can Help.
California service members like you dedicate yourselves to serving your country and family. OHA/BAH fraud accusations can be frightening, but you don’t have to face them alone. The attorneys at Military Law Center are here to fight for you.
What is BAH/OHA Fraud?
The military provides BAH (Basic Allowance for Housing) and OHA (Overseas Housing Allowance) to help service members afford decent housing for their families. Unfortunately, some service members, facing financial strain or tempted by the opportunity for extra cash, may be pressured into manipulating the system. This manipulation can involve falsifying documents, creating fake dependents, or misrepresenting their living situation. These actions constitute BAH or OHA fraud and are considered serious offenses under the Uniform Code of Military Justice (UCMJ).
Why Are California Service Members Targeted for BAH/OHA Audits?
California’s high cost of living makes it a prime target for BAH/OHA audits. Service members stationed here receive a significantly higher housing allowance than those in lower-cost areas. This increased allowance can be enticing for those considering fraudulent activities. Additionally, some may attempt to exploit loopholes by claiming residency in a more expensive California location while actually living elsewhere.
How Do BAH/OHA Audits Work?
The military utilizes various methods to identify potential fraud. These methods include:
- Random Audits:
Audits can be random, focusing on a selection of service members across all ranks and locations. - Targeted Audits:
Service members living in high-cost areas or exhibiting suspicious activity on their Leave and Earnings Statement (LES) may be flagged for a more focused investigation. - Data Analysis:
Advanced computer programs can analyze financial data and compare housing allowances to reported living arrangements. Discrepancies can trigger a closer look.
What Happens During a BAH/OHA Fraud Investigation?
If you’re selected for a BAH/OHA audit, expect a thorough examination of your financial records. This may include:
- Review of LES statements
- Verification of bank account transactions
- Scrutiny of rental agreements and lease documents
- Cross-checking of marriage certificates and divorce decrees (if applicable)
- Examination of birth certificates (to verify number of dependents)
- Verification of dependent enrollment records in schools (if applicable)
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The Serious Consequences of BAH/OHA Fraud Convictions
BAH/OHA fraud is treated as larceny under the UCMJ. A conviction can result in severe penalties, including:
- Dishonorable Discharge:
This is the most damaging consequence, effectively ending your military career with a permanent mark on your record. - Confinement:
Depending on the severity of the offense, you could face imprisonment for several years. - Reduction in Rank:
This can significantly impact your future pay and career progression. - Forfeiture of Pay:
You may be required to repay all fraudulently obtained funds. - Criminal Record:
A court-martial conviction can lead to a criminal record, impacting future employment and housing opportunities.
At Military Law Center, we understand the immense stress and pressure you’re facing. BAH/OHA fraud accusations can be overwhelming, and the fear of a potential conviction can be paralyzing. We know that service members like you dedicate yourselves to serving your country and family. The thought of jeopardizing your career and reputation can be devastating.
Don’t Let the Fear Paralyze You. We Can Help.
The consequences of a BAH/OHA fraud conviction are devastating, but there is hope. Military Law Center can help navigate this difficult situation and fight for the best possible outcome.
Here’s How We Can Help:
- Protect Your Rights: We ensure your rights are safeguarded throughout the legal process, from investigation to court-martial.
- Analyze Your Case: We meticulously examine the details of your situation to build a strong defense strategy.
- Intent is Key: In larceny cases, proving the intent to deceive is crucial. Our attorneys will work to demonstrate a lack of such intent, potentially leading to lesser charges or a dismissal of the case.
- Mitigating Circumstances: If extenuating circumstances led to your situation, we’ll present these factors to the court to potentially reduce potential punishment.
- Free Consultation: We offer a free consultation to discuss your situation and explore your legal options. This allows you to make informed decisions about your defense.
Take Action Now. Contact Military Law Center Today.
Facing BAH/OHA fraud charges can be overwhelming, but you don’t have to go through this alone. Military Law Center is here for you. Contact us today for a free consultation.