NOT GUILTY of ALL Charges and Specifications. NO Federal Conviction.
October 21, 2020, U.S. v. E-6, United States Army, Fort Knox, Kentucky. Supply Staff Sergeant with the New York City Recruiter Battalion is accused of larceny under Article 121 and under Article 107 for false official statement for purportedly lying to CID. Staff Sergeant asserts his innocence and retains Mr. Gapasin to represent him. Gapasin had been retained on a previous BAH fraud case from the same battalion for a different client. The Government accuses Gapasin's client of stealing approximately $100,000 over a period of two years by collecting BAH that he should not have been collecting because he lived in Coast Guard Housing. Mr. Gapasin proceeds to trial. He cross-examines the Government's expert in Defense Finance and Accounting as well as his client's estranged, hostile spouse. The spouse provides the Government with a number of legal documents. She tries to help the Government prove that her husband had the mental state of mind to steal from the Government and had knowledge of the wrongful, excess BAH payments he received. Gapasin cross-examines additional witnesses that the Government puts on the stand. Ultimately, however, Mr. Gapasin argues before an Enlisted Panel why the Government failed to satisfy its burden of proof to show his client intended to steal. RESULT: NOT GUILTY of ALL Charges and Specifications. NO Federal Conviction.