Legal Question in Military Law in California

My daughter is under investigation for BAH Fraud. When she got stationed in Korea, She left her child in Phoenix, AZ but told the military her child was in San Diego, CA. CID has been trying to contact me to get a statement but I declined. I wanted to know if this will effect me since I am a DOD employee. My grandchild also used tricare in the San Diego region and went to daycare full time will the investigators have access to those records. What kind of records will CID have access to? My daughter has been flagged for the last 3 months. I know she is wrong but I want to know worse case scenario what could happen to her. TDS will not help her until she has charges pressed against her is what she is tell me.

Asked on 6/15/16, 9:08 am

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

You do not have to make any statements or to talk to CID. The same thing for your daughter. She should not speak with them without an attorney present. She could well be facing a possible general court martial and could face years in jail and a dishonorable discharge. This must be taken seriously and she needs to be sure that she is protected. Talking to NCIS is in THEIR best interests. It MAY NOT BE IN HER BEST INTEREST. She should consult with an attorney before any interaction with NCIS. NCIS will take this very seriously and so should you and her.

You have to assume NCIS will access all of the relevant records. They will be looking at anything they can find to incriminate her. This will not be an impartial investigation. They are looking to make a case against her. If they find evidence showing your granddaughter was in the San Diego area, they may well ignore it because they are trying to prove she was not there.

I hope this helps. If you have additional questions, you can contact me directly at [email protected] or (757) 420-9321.

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Answered on 6/17/16, 5:12 am

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