There are wide varieties of circumstances that lead to Larceny allegations and, possibly, court-martial. Due to the importance of unit
cohesiveness in the military, larceny from a fellow service member may result in a speedy and unsympathetic response from a commander. The value of the stolen property will also be important to a commander when considering the proper disposition of a case. Other important factors may include the amount of planning and premeditation involved, the length of time involved in the alleged larceny, and whether the property is military property. These factors combine to determine if a court-martial of any type is pursued.
One familiar scenario that may result in a special or general court-martial is the larceny of housing allowances through false official statements. Over the span of many years, these scenarios can often lead to allegations involving tens of thousands of dollars. In addition to a court-martial, the government will also typically seek to recover the funds from the service member. In the last few years, I have represented numerous service members (in particular mobilized reservists) who are accused of fraudulently obtaining housing allowance to which they are not entitled. If you look at my Recent Accomplishments page, you will see that we have successfully defended a number of these cases.
If you are facing larceny or wrongful appropriation allegations, it is extremely important that you receive advice and guidance from an experienced military lawyer as soon as possible. Early intervention by a skilled military lawyer can significantly alter the course and the outcome of your case.
William Cassara has years of experience defending UCMJ Article 121 larceny allegations. Please call toll free (888)288-3347 today for a free consultation.