Legal Question in Military Law in Florida
Fraudelent Enlistments
About a month ago, I was relieved from my duties as supervisor of recruiting. Someone made a tip stating I was in the practice of enlisting people fraudalently. I have been home over a month while I have been investigated. At first I answered questions (after sitting around for 15 hours with no food), but after talking to a military lawyer the next day, stopped questioning. Three weeks later, I was requested by investigators for questioning. I drove 1 1/2 hrs to see them, and at first I said no, but after they told me they are going to basically 'burn me', I changed my mind and talked. These are the basics, and I am waiting for my charge specifications. My big question is, if the only way I learned how to do things, was the way I was doing them, is that a defense? I knew it was wrong, but that is the only way I was taught.
2 Answers from Attorneys
Re: Fraudelent Enlistments
I have represented a number of military recruiters and instructors over the years. There are many aspects to your question. Please email me to discuss. It depends on which Service, what the issues are, etc.
Re: Fraudelent Enlistments
I have represented AF, Navy and Army recruiters, and each works differently. You need to get back in touch with your military lawyer - who I hope was a JAG Defense Counsel and not a Legal Assistance lawyer - and find out if s/he ever notified the investigators that you had seen counsel and that you did not want to be questioned by anyone else without your attorneys being present.
As to whether or not your prior training is a "defense," that requires a lot of information that you did not provide. Please e-mail me privately with your rank, service and duty location, if you want to discuss this further. E-mail is [email protected]
Good luck,
Don Rehkopf
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