JPA Fraud

Discussion in 'Finance, Property, Law' started by lovemuscle, May 8, 2009.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. I've recently been informed i'm the subject of an SIB investigation following an alleged fraudulent claim i've made for CEA. I've been claiming CEA for a couple of years now as a single parent, PSTAT 2 prime mover in my childs life, in receipt of child benefit, maintain quarter as a family home etc... Here's where the fraud comes in: I'm currently on a long course (non military) and so spend some time in the week staying with my partner away from the garrison - of late, i'm currently only in my quarter a few days a week. A few months back i moved the bulk of my furnishings out of my quarter, maintaining only the basics required to sleep and eat. The basis of the fraud allegation, as far as i can gather, is that i'm not truly maintaining a family home, because i'm rarely there, and it's barely furnished. Although i can understand why the allegation has materialised, the fact is that this is a recent and short term development that will change as soon as i complete the long course in a few months, thus, go back to the real army and become once again tied to my quarter and the garrison location mon-fri. I don't claim for anything else, not even school childrens visits, and i haven't actually received any money for this term as a result of this alleged fraudulent claim. Does anyone have any experience in dealing with this? or seen similar cases? any advice would be greatly appreciated. As much as i believe there's very litlle to go on, it's still a nagging worry that wont go away until it's resolved. The outcome will clearly impact on my childs life in that she may have to be pulled out of school, but the wider career implications are endless. From loss of commission to police caution, to no charges being brought against me at all...... even a caution will disqualify me from gaining security clearance in the future. My CO can't speak to me because it's out of his hands, and my attempts to contact te SIB direct to find out what will happen from here have proved useless, simply being told they can't speak to me or furnish me with any details. I've spoken to a civillian solicitor who has told me to contact them for representation as soon as i have an interview date. However, am i right in saying i will be supplied with one upon interview anyway? at no cost to me. If so, am i better off paying for civillian representation or would that just be a waste of money. I understand that this offence warrants major administrative action because it has called into question my integrity. This is classed as gross misconduct and is sanctioned by termination of service. Is this correct?
  2. I have no idea about the technical aspects of whether you have actually broken any rules - from what you describe it would seem extremely harsh if you were convicted of any wrong doing. I'm slightly surprised that your CO "can't talk to you" he surely has a duty of care to provide advice? You don't specify your rank but mention loss of commission. In any event you should be provided with an advising officer of some description; either from your unit or elsewhere within the Brigade or whatever higher formation you belong to. If you are concerned about the cost of legal advice many solicitors give free initial consultations and there is alway CAB as a last resort. Do bear in mind that, in general, civilian lawyers are usually much, much better than military ones so be careful who you seek advice from.

    Finally, I would be very dubious about your idea to use this to help you leave through forced resignation. That wouldn't look terribly good to any potential future employer - particularly with even a whiff of dishonesty or fraud. If (as you claim) you are innocent why on earth would you even contemplate being punished for something you haven't done? :?
  3. Thanks for the swift reply - My CO has appointed an accused advisor, my immediate boss, but he's no legal expert and has no previous knowledge of cases like this. As for the idea to force a resignation - this long course i'm doing carries a 3 yr return of service. So it might be easier to be forced out.
  4. I replied to your post in the other forum.

    You'll find it most helpfull. Not typing it out twice.
  5. Spanish_Dave

    Spanish_Dave LE Good Egg (charities)

    Surley a "genuine mistake", sorry, had to get that in. I hope you get it sorted
  6. B_AND_T

    B_AND_T LE Book Reviewer

    You could cut and paste. PM me for details on how to do it. :D
  7. LOL, get stuffed :p
  8. Moving your furniture out wasn't a clever move, why did you move it out and where did it go? You will need a very convincing answer to these questions.

    The enquiry against you will be looking at whether you complied with the Regulation (and the spirit if the Regulation) viz maintaining a family home. There is another twist to it as well, if your course is/was longer than 183 days then it in effect becomes your permanent assignment and perhaps you should have requested an MOQ there.

    If you are suffering financial hardship because of this, ie you cannot pay the school fees, then I would appeal to the CoC as you are innocent until proven guilty and therefore unless your entitlement is reviewed in a reasonable timeframe you should be paid.

    You should be aware that there is a massive investigation into CEA claimants ongoing at present.
  9. Get a civi solicitor, the army dont like that too much!
  10. If someone takes a quarter at their place of work, which for sake of argument let's say is 100 miles from his family home, lives in the quarter during the week but returns to the family home each weekend where his wife has remained throughout, is he pushing his Pulheems with regard to claiming CEA?
  11. I guess no one cares.

  12. I appreciate that this person is trying to help but this post has lots of inacuracies in it.

    Your CO cannot talk to you on the matter as he is 'within you chain of command'. The RMP/SIB investigate on behalf of CO,s, therefore if he advises you, there is a conflict of interests straight away.

    Legal advice is free for ALL criminal investigations (Of which Fraud is). This means that you are entitled to free legal advice from a Solicitor of your choice or one appointed to you through the duty Solicitor scheme. You can get advice at any time before, during or after the investigation (Although free, they do means test you if the allegation goes all the way to court).

    The Legal advisor will be civilian in all cases unless you are serving overseas, whereupon you will more than likely be aforded a RAF lawyer.

    Either way, dont panic, tell the truth during interview, and go in prepared with as much evidence to coroborate your version of events as possible
  13. Nothing more than a baseless urban myth. The Army couldn't give a flying f*ck if you turned up with Rumpole of the f*cking Bailey.
  14. As do many of yours.

    Why does he need to go in prepared with any evidence? It's not for him to prove his innocence. RMP either have the evidence against him or they do not. He is under no obligation to provide it for them.
  15. B_AND_T

    B_AND_T LE Book Reviewer

    Nope. You are entitled to a civvy lawyer as well.