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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18808
Experience:  Lawyer and current JAG officer.
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I'm representing a Sister, who holds a title to a

Customer Question

I'm representing a Sister, who holds a title to a residential property in Orange County, in "Joint Tenancy with her brother", who is a serviceman at Navy.
The brother falsely claim contribution and payment on mortgage, where the payment was actually Navy's Dependant Care for their parents. The brother also overclaims additional Dependant Care payment, without paying to the Parents.
We want to (a) Inform Navy about the Brother's fraud; (b) obtain info on how much, and how long did Navy pay on Dependant Care.
Question:
1) Can we contact Navy directly, reporting the serviceman's fraudulent act?
2) Should we file a Partition suit at Superior Court and then Subpoena Navy for info on his brother's Dependant Care payment?
Thanks much for opinion.
-Jack
Submitted: 3 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

1. Yes, you and should contact the Navy to report this fraud. However, the best location to contact is the JAG office at the base where this service member serves. In the military, commanders are the individuals that initiate investigations and press charges. By reporting to the base JAG, you'll ensure that they (people like myself) contact this service member's commander and get the facts straight to the person that needs them. The Navy will initiate an investigation and take appropriate actions.

2. This is really less a question of military law than one of your own practice area. The fact that this involve the military though has no real effect on your course forward. You should certainly file the action and then subpoena the records concerning the Dependent Care payment. The military honors such requests in the same way any other entity holding financial information would.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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