FULL ACQUITTAL of ALL 32 Specifications. NO Federal Conviction, NO Confinement, NO Discharge.
June 20, 2020, U.S. v. E-5, United States Marine Corps, Marine Corps Logistics Base, Albany, Georgia. Government prefers four charges against Sergeant of filing false and fraudulent claims (Arts. 132 and 124), false official statement (Art 107) and larceny (Art 121). A combined number of 32 total specifications are preferred against him. Sergeant faces considerable confinement and the possibility of a punitive discharge after being charged with allegedly submitting false lodging receipts for seeking reimbursement for utilities and other living expenses that he purportedly was not entitled to. Sergeant maintains his innocence and retains Mr. Gapasin. Gapasin immediately files a Motion to Dismiss due to Unlawful Command Influence (UCI) and enters into evidence a clandestine recording of the First Sergeant taken by another Marine in his client's unit. In the recording, the First Sergeant admits to the lack of guidance by the leadership, and he attempts to strong arm a number of Marines to take NJP to avoid a “court-martial and a dishonorable discharge”. Although the motion was denied, Gapasin reveals a number of flaws in the Government's case through witness testimony and evidence admitted during litigation of the motion. Gapasin's client continues to maintain his innocence although other Marines in similar circumstances accept NJP. By accepting NJP, they later deal with DFAS's recoupment of more than 30,000.00 dollars for each Marine due to their alleged fraud. Gapasin proceeds to trial and focuses on the “sloppy, rushed administration of travel vouchers” as well as the lack of proper guidance by the command and its “one receipt policy” that resulted in countless mistakes to the financial detriment of the Marines. Gapasin cross-examines the Government's DFAS expert as well as the First Sergeant who admits there are a number of “gray areas” in the travel voucher process. RESULT: FULL ACQUITTAL of ALL 32 Specifications. NO Federal Conviction, NO Confinement, NO Discharge.