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P. Simmons
P. Simmons, Military Lawyer
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Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Military Fraud Questions

Fraud is committed when someone deliberately attempts to deceive someone for self gain. There are many forms of fraud and even more types of fraudulent acts. Military fraud can result in a courts martial, prison time and a dishonorable discharge, depending on the severity of the fraud. To learn more about military fraud and the penalties that go with it, ask the Military Experts. The Experts cover a wide variety of military fraud questions and can answer any questions that you may have. Below are five of the top military fraud questions answered by the Experts.

What is the limitation on fraud? A sibling died in 2003 and had told his sister that she was on his insurance policy, but she has not received any money. Can the insurance policy be investigated?

Generally, for a fraud cause of action, the statute of limitations begins when you discover the fraud. Usually, this would take place within a few months of the person's death and you weren't receiving any benefits. There are a few factors that could change this. If you had not had contact with the person and were not aware of the death, you were under age, you were told that you would receive money at a later date, you were told that there would be a waiting period before the policy would pay out, or another person on the policy made false representations to the government and excluded you from receiving the benefits. These factors would delay the realization of the fraud. Under federal law, the statute of limitations for fraud generally is three years. You need to check with the insurance company even though the statute of limitations has passed. You need to find out if you were listed as a beneficiary. If you were listed as a beneficiary and never received benefits, you need to speak with a local attorney. The attorney will determine if you have a case against your relatives. Here is the website, check to see if you were listed as a beneficiary.
http://www.military.com/benefits/survivor-benefits/servicemembers-group-life-insurance

What can be done when a person commits fraud against people by saying they are being deployed to receive money and gifts?

This would not be considered a military crime. However, you could still report the fraud to the soldier's Judge Advocate General (JAG) office for unjust enrichment and misrepresentation. The commanding officer may choose to charge the soldier. In order to gain your money back, you will have to sue the soldier in small claims court. Each individual would have to file in small claims in order to receive their portion of money. This type of fraud is considered a civil matter, not criminal and it is likely that the police will do nothing.

Can a person sue someone in the military for fraud that took place during active duty?

If you were on active duty, you cannot sue for any actions that took place. However, you can report the fraud to the soldier's commanding officer. This may result in criminal charges if you have proof of the fraudulent act. You can give all of the facts to the commanding officer, who will then decide if there will be charges filed against the individual who committed the fraudulent act.

If the Veterans Affairs (VA) overpays a benefit in the absence of fraud, is there a statute of limitation to request the return of the overpayment?

The statute of limitations for the VA to request the return of overpayment is six years from the time the VA finds the mistake. The VA has every right to sue for the overpayment. However, they can seek recovery by collecting from any benefits that they are currently paying you. For example, if the VA is currently paying you, but have overpaid due to a miscalculation, they can recover their money by deducting it from your current payment. This can take place regardless of the statute of limitations.

Could a person use "mistaken of fact" as a defense on a Basic Assistance for Housing (BAH) fraud case?

If you make statements that you believe to be fact, you could use "mistaken of fact" as a defense. When a person is charged under 107, they are being charged of knowingly telling a lie with the intent to deceive. However, if the person mistook the statement that was made without the purpose of lying or an attempt to deceive someone, this wouldn't be considered fraud.

Military fraud can result in harsh penalties and can ruin a military career. If you have had fraud committed against you or if you find yourself in a situation that requires experience legal insight, you can ask the Military Experts. The Experts can offer solutions to your individual situation and can explain military laws to you in an efficient and knowledgeable manner.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11988
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
2 Military Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

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