Military Pay & Allowance Fraud Attorney
Housing, Travel Pay, Basic Pay & Allowance Fraud
If you are facing allegations of pay and allowance fraud that could seriously jeopardize your military career you need help, turn to a former Marine with more than 30 years of legal experience.
Attorney Patrick J. McLain has served the legal needs of servicemen and women in the United States, the Middle East, Europe, and around the world. He understands military law from all angles; as a federal prosecutor, court-martial trial judge and USMC defense attorney.
This extensive experience coupled with his comprehensive legal knowledge enables him to provide aggressive and committed representation to every client - contact him today.
WITH A CRIME?
FAQs About Military Pay & Allowance Fraud
What is military pay and allowance fraud?
Military pay and allowance fraud refers to the intentional misrepresentation or omission of information to unlawfully receive military pay and benefits. This includes providing false information about service members' eligibility for specific allowances, such as housing or travel, or falsifying records to gain additional pay, bonuses, or compensation. Examples of fraud can include submitting fake claims for hazardous duty pay, unauthorized leave, or overtime. This type of fraud undermines the integrity of the military pay system and could potentially divert resources meant for legitimate service members.
How is military pay and allowance fraud detected?
Fraud detection often involves audits, reviews, and data matching conducted by various military financial offices, such as the Defense Finance and Accounting Service (DFAS). A combination of automated systems and human oversight helps detect discrepancies in pay and allowances. For example, mismatches between travel records, housing allowances, and duty status could raise red flags. Additionally, internal whistleblowers, anonymous tips, and reports from fellow service members can lead to investigations. Many military branches also have fraud prevention programs designed to educate personnel on proper pay and allowances and the consequences of fraudulent actions.
What are the consequences of committing military pay and allowance fraud?
The consequences of committing military pay and allowance fraud can be severe. Service members found guilty of fraud may face legal action, including court-martial proceedings, non-judicial punishment, and dishonorable discharge, which can impact their military career and future employment opportunities. Financially, they may be required to repay the improperly received funds, often with interest. In some cases, they may also face criminal charges, such as theft, which can result in fines, imprisonment, or both. Fraudulent actions could also tarnish the reputation of the service member and the military unit they belong to.
What are the most common types of military pay and allowance fraud?
Common types of military pay and allowance fraud include:
- Basic allowance for housing fraud (BAH fraud): The military housing allowance is intended to cover military members' housing or housing for their family. If the military suspects that personnel are not using their basic housing allowance for housing — such as getting free housing or pocketing the difference between their housing allowance and their housing costs — they may be charged with housing allowance fraud.
- Travel pay and allowances fraud: When military members are assigned to a temporary job, the military provides them with money to cover their travel costs and lodging. If the military suspects that a service member claimed expenses that they did not actually incur, they can bring an allowance fraud action.
- Overtime and duty status fraud: Claiming overtime pay or additional duty hours that were never worked.
- Misuse of dependent status: Claiming dependents or other eligibility for allowances when the dependents do not exist or are ineligible.
- Bonus fraud: Falsifying eligibility or documentation to receive bonuses, such as reenlistment bonuses or special duty pay.
Can service members be wrongfully accused of pay and allowance fraud?
Yes, it is possible for service members to be wrongfully accused of pay and allowance fraud, especially if there are errors in documentation or discrepancies in pay records. In these cases, it is important for the accused service member to provide clear evidence that they did not intentionally commit fraud. This may include showing that the discrepancies were due to clerical errors or misunderstanding of the regulations. Legal counsel and support from the military's legal office can help ensure that the service member’s rights are protected during investigations.
How can military personnel avoid accidentally committing fraud?
To avoid committing fraud, military personnel should be vigilant in maintaining accurate and up-to-date records, including travel, housing, and duty status documentation. They should familiarize themselves with military pay regulations and ensure that all claims for pay, allowances, or reimbursements are legitimate and supported by proper documentation. It’s also important to promptly report any errors or discrepancies in pay to the appropriate financial office to correct mistakes before they escalate. Lastly, if unsure about eligibility for a particular pay or allowance, service members should seek guidance from their finance office or command before submitting claims.
WHY CHOOSE THE LAW OFFICE OF PATRICK J. MCLAIN?
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Former Federal Prosecutor & Military Judge
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Over 3,500 Cases Successfully Handled
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Our Firm is Top-Rated & Award-Winning
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Over Two Decades in the U.S. Marine Corps
Speak With an Experienced Civilian Military Defense Lawyer
Our clients are hard charges. They know what a conviction for pay and allowance fraud could mean to their military careers and future civilian life. They are willing to fight for their military careers. We are committed to honoring this fighting spirit and doing all we can to secure positive results.
Patrick J. McLain is ready to represent you before any military court or review board across the country and around the world.
If you are a facing a court-martial or any other military law proceeding, contact our law office today at (888) 606-3385.
OUR CLIENTS SAY IT BEST
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"I was entirely impressed with mclain’s work on my case."
I called McLain when the military charged me with some B.S., McLain immediately jumped into action and made things happen in my favor. Don't do it alone … your military chain of command will try to make you think that your cooperation will help you, it will NOT. I was entirely impressed with McLain's work on my
- Chris C. -
"Thanks to him I am now able to get on with my life."
It took some time to make it happen, but it did just like Patrick said, he is a hard charging guy that can help you get what you deserve, Thanks to him I am now able to get on with my life.
- Chip -
"He is a hard worker and will fight for you the moment you choose him to be on your team!"
My husband hired Patrick for his summary court martial and Patrick and his team were there every step of the way. They communicated everything they needed and were even there when either me or my husband had any questions. He is a hard worker and will fight for you the moment you choose him to be on your team!
- Angela -
"Amazing strength and integrity with the combination of experience, insight, and knowledge of military law."
I have found my lawyer Patrick McLain, to be honest, right to the point, consistently giving me realistic outcomes through the whole process of my case. He's definitely no nonsense, cut to the chase. As a client…I've never been left hanging; he makes sure all my correspondence is returned. He's got amazing strength and integrity with the combination of experience, insight, and knowledge of military law. He stands behind his words and expects the same in return. I say my blessings every day for him taking my case. With him as my attorney, I've achieved best possible outcomes.
- Gina F. -
"I won my military case due to his diligence, knowledge and experience in military law."
I cannot recommend Patrick highly enough. I won my military case due to his diligence, knowledge and experience in military law. Had I proceeded on my own, I would have lost, for the process was simply too complex. When working with Patrick, there was never a time when I felt left in the dark on my case, nor a time when his assessments and instructions were unclear. Should you be in any difficult circumstance, Patrick will work his tail off for you and keep you clearly informed on the status of your case. Again, I highly recommend the services of Patrick McLain.
- Dan C. -
"Made me feel like the most important client."They completely cared, took my case personally, always made me feel like the most important client, and were knowledgeable on all subjects. I give the Law Office of Patrick J. McLain, PLLC the highest rating possible and totally recommend them.- Mike
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"The best lawyer to defend military personnel."The Law Office of Patrick J. McLain helped me through the most difficult experience in my life. As a Marine Officer facing an upcoming board of inquiry for conduct issues, I was afraid of losing my career. Attorney McLain gave great legal advice through the process and reached out many times to see how I was doing. A great lawyer and better person, Mr. McLain helped me become successful in my board of inquiry and keep moving forward in my career. His military experience and personal qualities make him the best lawyer to defend military personnel.- Jonathan
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"Amazing lawyer who fights for you!"A tremendous lawyer in a time of need. After being accused of conduct unbecoming an officer for personal conduct while off duty, I hired Mr. McLain to help me through the process. He diligently worked behind the scenes to make sure my voice was being heard. Despite my inability to listen to his direction early on, Mr. Mclain was patient and continued to fight on my behalf. Mr. McLain helped me win at a board of inquiry with no other disciplinary action. A sincere man, who is dedicated to his clients. Would strongly recommend and is a great asset to military clients everywhere.- Former Client
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