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FULL ACQUITTAL of fraud and larceny, NO punishment, AVOIDS court-martial trial.

August 1, 2019, U.S. v. E-5, United States Army, Parris Island, South Carolina.  Sergeant is accused of committing fraud and larceny at the Base Exchange when purchasing a laptop.  Sergeant uses a credit card to make the purchase which successfully goes through and the laptop is handed to him.  The Base Exchange later claims, however, that the purchase was fraudulent and the Sergeant committed larceny by using a card under a fraudulent account with no funds.  Mr. Gapasin represents Sergeant and analyzes the case.  When the Government proceeds with a Field Grade Article 15 nonjudicial punishment, Gapasin and his client have to decide whether or not to proceed with the Article 15 or to turn down the Article 15 and opt for court-martial.  Gapasin recognizes that his client had attempted to correct the transaction along with other circumstances that did not reflect the element of the “intent to steal” as is required for the charge of larceny.  Gapasin advises client to proceed with the Article 15 but to plead Not Guilty and to put on a defense.  Defense presents a number of documents and character evidence in support of the client.  RESULT:  FULL ACQUITTAL of fraud and larceny, NO punishment, AVOIDS court-martial trial.

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