NOT GUILTY of ALL Charges and Specifications. Gapasin's client, a 16-year NCO, continues with his career and has the opportunity for retirement.
August 26, 2020, U.S. v. E-6, United States Army, Fort Knox, Tennessee. Staff Sergeant who is a DA-selected recruiter with the New York City Recruiter Battalion is accused of larceny under Article 121 and of giving a false official statement to a CID agent under Article 107. The Government prefers charges against him for allegedly committing BAH fraud against the United States by knowingly collecting twice as much as his typical base pay and not contacting the Army to inform them that he was incorrectly getting paid double for over 25 months. In an interrogation video, the Staff Sergeant claimed he did not know that he was getting paid twice of what he should have made. He also claimed that he properly turned in all of his paperwork for Coast Guard Housing and if there was a problem with his pay, then his pay should have been stopped by the Army or by the Coast Guard. The Government prefers charges and the Staff Sergeant retains Mr. Gapasin to represent him. At trial, Gapasin exposes weaknesses in the Government's case and its failure to satisfy their high burden of proof. Gapasin attacked the Government's case because it only used statements made by his client at the video interrogation, and because it only focused on his LES's and the increase in entitlements that they claim Gapasin's client should have noticed after 16 years of military service. Gapasin argued before an Enlisted Panel that merely “assuming” what his client thought or believed was not the hard, solid facts needed under the law to satisfy the high burden of proof of beyond a reasonable doubt. RESULT: NOT GUILTY of ALL Charges and Specifications. Gapasin's client, a 16-year NCO, continues with his career and has the opportunity for retirement.