Research Paper (Bah Fraud and Larceny) Essay
|CATEGORIES |POINTS TO BE GRADED ON: 100 PTS TOTAL |POINTS | |INTEREST | |(5) | | |Many everyday scenarios in the Military are easily overlooked when they do not| | | |directly involve you.
This research project explores the common crimes of | | | |larceny and fraud as it pertains inside the military. | | | |Being able to read, ask about and learn the consequences of a common crime is | | | |beneficial for future assignments all over the world as it would pertain to | | | |everyday living but also as a leader to ensure Soldiers do the right thing. | | |Everyday there is a new question of if someone is authorized a particular | | | |amount of pay for where they live or where their spouse is currently living | | | |and being able to discuss the consequences if someone reports the incorrect | | | |information is absolutely invaluable. | |RULE OF LAW | |(40) | |IN YOUR OWN WORDS |Larceny is the taking of personal property with the intent to steal it.
With | | | |the sole purpose in mind to take something with no intention of returning it, | | | |or to realize that you have been receiving something that you were not | | | |entitled to and not returning it this is also larceny. | | | | | | | Fraud is deception used for the purposed of obtaining money or property from | | | |someone. There are several crimes under fraud such as bank fraud, wire fraud,| | | |mail fraud, insurance fraud and Medicare fraud. All of which share the same | | | |common element of deception of another person in order to obtain money or | | | |property. | | | | | | |ELEMENTS FOR FRAUD | | | | | | | |Bank fraud – | | | |Obtaining money, assets or any other property from a financial institution | | | |through deceit. | | | | | | | |This is the fraud that is used more commonly in the military.
Soldiers use | | | |different mechanisms in the military finance department to attempt to receive | | | |more money than they are authorized to receive, particularly for the Basic | | | |Allowance for Housing (BAH). | | | | | | | |Wire/Mail fraud – | | | |Using any means of ommunication or information delivering system such as | | | |television, phones, computers or mail for the purpose of selling items not | | | |directly owned. | | | | | | | |Insurance fraud – | | | |Parties setting up an outside party as a victim, claiming injuries and damages| | | |even though the accident was not the victims fault.
Claims are made against | | | |the victims insurance that are erroneous in order to acquire monetary | | | |compensations. | | | | | | | |Medicare fraud – | | | |Using bribes and fake claims to obtain money from the state and federal | | | |government Medicare systems. | | | | | | |DEFENSES TO LARCENY AND FRAUD | | | |In certain circumstances when accused of fraud and or larceny, there still | | | |ways to have a proper defense. | | | | | | | |Truth – | | | |Many instances have been tried where the defendant has agreed to take a | | | |Polygraph test against particular accusations, in which, once passed, the | | | |charges are released. | | | | | | |Witness – | | | |In times where all paperwork is not able to be produced and in cases where the| | | |fraud claims have to do with military pay and benefits for the housing of | | | |family members, witnesses who confirm that the individuals in question did | | | |live there can easily have the charges dismissed. | | |DEFINITIONS |Ambiguity – |(10) | | |1. | | | |doubtfulness or uncertainty of meaning or intention: to speak with ambiguity; | | | |an ambiguity of manner. | | | | | | | | | | |2. | | | |An unclear, indefinite, or equivocal word, expression, meaning, etc. : a | | | |contract free of ambiguities; the ambiguities of modern poetry. | | | | | | | | | | | | | | | | | | |Law Definition | | | |- When language has more than one meaning. If the ambiguity is obvious it is | | | |called “patent,” and if there is a hidden ambiguity it is called “latent. ” If | | | |there is an ambiguity, and the original writer cannot effectively explain it, | | | |then the ambiguity will be decided in the light most favorable to the other | | | |party. | | | | | | |Prima Facie Case – | | | |When a party cannot prove their case, they must prove all elements. | | | | | | | |Uniformed Code of Military Justice (UCMJ) – | | | |Articles, rules and laws that govern the Department of Defense and the | | | |Military services in which fall under it.
These are laws that come from the | | | |Federal judicial system but are tailored specifically for the Military. | | |ISSUE | |(10) | |IN YOUR OWN WORDS |BAH authorizations and travel vouchers are not always easy to complete. Many | | | |service members have unique situations; however, when they seek advice, they | | | |get an answer that does not fit their particular situation. This causes the | | | |service member to make an honest mistake when completing military forms.
To | | | |complicate the situation, it is not unusual for a service member to receive | | | |bad advice from the military finance personnel or from the person in their | | | |unit who is designated to assist in these matters. | | |FACTS | |(10) | | |BAH Fraud or Travel Voucher Fraud typically comprises two offenses – False | | | |Official Statement and Larceny. The reason for that is the service member | | | |completes a form, e. g. a travel voucher or BAH authorization, which is later,| | | |claimed by the government to be false in some manner and by having completed | | | |the form incorrectly, the service member receives pay that he was not entitled| | | |to receive. | | | |For a person to be found guilty of False Official | | | | | | | |Statement (Fraud), the government must prove that the service member completed| | | |the form with the intent to deceive.
It is not enough for the government to | | | |merely show that the service member completed the form incorrectly. For | | | |example, a service member can make a mistake in completing a travel voucher or| | | |BAH authorization which would make it false, but may not be guilty of false | | | |official statement if it was an honest mistake or done without the intention | | | |to deceive someone. | | | | | | |To be found guilty of Larceny, the government must prove that the service | | | |member received money that he knew he was not entitled to receive and kept | | | |that money with the intent of never returning it. It is not enough for the | | | |government to show that the service member merely received money that he was | | | |not supposed to receive, but the government needs to prove that the service | | | |member knew he received money he was not entitled to. | | | | | | |If a service member makes an honest mistake in completing the form and thus | | | |receives money that he believes he is entitled to receive, then he would not | | | |be guilty of False Official Statement (Fraud) or Larceny. | | | | | | |OBSERVATIONS | |(10) | | |If the government targets you, you should expect that the investigators will | | | |have access to all of the paperwork you submitted in order to get your money. | | |In addition, the government will likely get your phone records and bank | | | |records, and might even subpoena your emails. In a proper investigation, the | | | |government will do everything it can to prove that you intended to steal the | | | |money from the beginning, or kept the money after you realized you had been | | | |overpaid because of a mistake. | |SOCIAL RELEVANCE | |(10) | | |Unfortunately, the government is eager to initiate UCMJ action against a | | | |service member once it learns that the service member is receiving money to | | | |which he is not entitled. This is because it assumes that the service member | | | |intended to defraud the government. | |YOUR OPINION |I believe that military leaders should take a more invested interest in |(5) | | |learning the small details like filling out paperwork so that mistakes such as| | | |the ones commonly made that cause such issues can be avoided. Senior leaders | | | |in the military who decide on their own to make the choices of fraud and | | | |larceny deserve to suffer under all the provisions of the UCMJ if caught but | | | |those who do not know all of the rules should be able to have leaders to turn | | | |to. | |POINTS DEDUCTED |TOTAL POINTS DEDUCTED FROM ABOVE CATEGORIES | | | | | | | | | | |THIS CENTER SECTION NEEDS TO BE COPIED ONTO | | | |YOUR PAPER | | | | |FOR LATE PAPERS, DEDUCT |(-25) | | |DATE DUE ________________(FILL THIS IN) DATE PRESENTED_________________ | | | |IF YOU COPY THE JUDGE’S WORDS, DEDUCT |(-15) | | |IF YOU COPY COPYRIGHTED WORDS, DEDUCT |(-100) | | |IF YOU DO NOT FOLLOW DIRECTIONS, DEDUCT |(-30) | | |NO ATTACHMENTS -5 | | | |INCOMPLETE CHART -5 | | | |NOT ALL STAPLED TOGETHER WITH ON STAPLE -5 | | | |U8ING PEOPLE’S NAMES -5 | | | |USING OF PLAINTIFF OR DEFENDANT; APPELLANT, APPELLEE, ETC. 5 | | | |NOT ROUNDING OFF DATES AND/OR NUMBERS -5 | | | |OTHER -5 | | | |FOR EVERY GRAMMATICAL AND SPELLING ERROR, DEDUCT |(-1) | | |IF YOU READ OR GIVE A MEMORIZED PRESENTATION |(-15) | | |NO ORAL REPORT |(-25) | | |FOR EVERY MINUTE YOU GO OVER THE 5 MINUTE LIMIT |(-1) | | |TIME STARTED__________ TIME ENDED____________ | | |FINAL GRADE FOR CASE STUDY: DOUBLE CHECK MY MATH. /100 |