NO Federal Conviction, NO Confinement. Government agrees to Chapter 10 request two weeks before trial after Gapasin files multiple motions and discovery requests.
September 30, 2016, U.S. v E-5, Rose Barracks, Germany. Sergeant is accused by the Government of BAH fraud, obstruction of justice, communicating a threat and fraudulent enlistment. Sergeant's estranged wife is the source of the more serious charges, making false allegations against him to avoid trouble for having committed past fraud against the U.S. Army and trying to claim benefits at her husband's expense. Charges are preferred to a General Court-Martial and Sergeant retains Mr. Gapasin. Gapasin represents his client at the Article 32 Preliminary Hearing and immediately exposes problems with the Government's evidence. Gapasin reveals at the hearing that an email containing threats to hurt his estranged wife was actually fabricated. The email was doctored by his accuser wife to make it appear that Gapasin's client was threatening to hurt her if she talked to law enforcement. Gapasin exposes multiple other fabrications on the part of the wife, to include lies about having gone to college, falsely claiming that Gapasin's client was the father of her son, and conjuring false allegations of being the victim of domestic violence. RESULT: NO Federal Conviction, NO Confinement. Government agrees to Chapter 10 request two weeks before trial after Gapasin files multiple motions and discovery requests.