Fatal Vows Premiered ‘Death Outranks Love’ on Investigation Discovery: Roger Holland Murdered Wife Margorie After She Learned He Lied About Everything (October 6, 2018)

ID Go: It’s a military match made in heaven for Roger and Margorie. But a tangled nest of financial secrets and twisted lies ruins the young couple’s future. And while the rise of their careers and romance seems meteoric, the ensuing fall is deadly. -Death Outranks Love, Fatal Vows (S6, E10)

Date: March 7, 2013
Victim: Margorie Holland, Army National Guard veteran, pregnant
Offender: Roger Holland, Army National Guard veteran, unemployed
Location: Apple Valley, Minnesota
Circumstances: Army soldier Margorie Brown of Minnesota met Army soldier Roger Holland of Missouri in the National Guard, Margorie’s ex-husband was abusive, both of them spent months overseas while serving, they eloped after a year of courtship, lived in Texas with Margorie’s brother, Margorie trusted Roger to take care of all the bills, Roger had no credit, Margorie had good credit, they bought everything in Margorie’s name, they were both E-7s making good money, they traveled a lot, Roger asked Margorie’s brother for a $6,000 loan and asked him not to tell Margorie, Margorie was unaware of the financial issues, Margorie got pregnant, they both left the military so they could focus on their family, they spent $20,000 on baby items and leased a couple new vehicles, Margorie stayed home and Roger was working for a private security contractor (claimed he made $140,000 a year), Roger never paid back Margorie’s brother, Margorie found out about a late payment notice in her name, learned they were in debt and everything was in her name, Margorie confronted Roger about the debt but he assured her it was under control, days later, something didn’t feel right so Margorie followed Roger to work and realized he wasn’t working, he was hanging out at coffee shops during the day as if he had a job but there was never a job, Roger is feeling trapped and starting to panic, Margorie confronted Roger about him not having a job, Margorie had a temper too and she would escalate but Roger always had a knack for calming her down, they had an argument at her parent’s house and she threatened him with divorce, Margorie was ready to leave Roger when he told her he got a new job in Texas and they could move to be closer to her brother, Margorie was found dead at the bottom of the stairs in their home, Roger alleged he found Margorie at the bottom of the stairs when he returned home, he believed she tripped and fell down the stairs, he gave the police his phone to prove that he had been outside the home when Margorie died, police noticed some scratches on Roger’s neck, Roger said Margorie scratched him in the morning while he was comforting her during some pregnancy cramps, the medical examiner discovered Margorie’s thyroid cartilage was broken during the autopsy which meant she had been strangled to death and this was a homicide, Margorie was 15 weeks pregnant, when police reviewed the financial records, they discovered the couple were $166,000 in debt, mostly credit cards and vehicle leases, the presumed motive was that Roger essentially built a house of cards, they also discovered a life insurance policy that he was the beneficiary of, then the police discovered Margorie was looking for any way out possible (she googled when it was safe to get an abortion), Roger did a google search about how to kill Margorie (he planned her murder), Roger was arrested for Margorie’s murder, Margorie had also learned that there was no job in Texas and that was a lie too, she learned that Roger accessed her money and used her name to get credit cards, police deduced that Margorie fought for her life in the struggle but Roger overpowered her and strangled her to death; Roger was charged with two counts of first degree murder (one for Margorie and one for the unborn baby)
Disposition: Roger Holland was found guilty of first degree murder and given two life sentences on December 16, 2013; Margorie’s family asked for consecutive sentences

Margorie Holland

Margorie Brown Holland (Photo: Investigation Discovery)

Source: “Death Outranks Love” Fatal Vows, Investigation Discovery

Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. Download the ID Go app and binge away. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.

Related Links:
Grand Jury Returns First-Degree Murder Indictment for Holland
Apple Valley man charged with murder of wife, unborn child
Minnesota Man Charged With Killing Pregnant Wife, Unborn Child
Roger Holland of Apple Valley allegedly murdered pregnant wife, attempted coverup
Man researched neck fractures before pregnant wife’s killing, police say
Trial set for man accused of killing pregnant wife
Defense: Death Of Fetus Was Abortion, Not Murder
Man accused of killing pregnant wife claims fetus’ death was abortion
Minnesota man argues fetal homicide was not a homicide but an “abortion”
Attorney Argues Death of Fetus in Minnesota Case Was Unlawful Abortion, Not Murder
Jury deliberating in Holland Murder Case
Apple Valley man found guilty of four counts of murder
Roger Holland convicted on all counts of murdering pregnant wife
Minnesota man convicted in murders of wife and their unborn child
Former National Guard member found guilty of strangling his wife while she was pregnant with their first child
Minn. man gets life in slaying of pregnant wife
Roger Holland sentenced to life in prison for murder of pregnant wife
Holland sentenced to two life sentences in murder of pregnant wife
Roger Holland gets two consecutive life terms for killing pregnant wife
Death Outranks Love | Fatal Vows | Investigation Discovery (S6, E10)

Extraordinary Claims Should Require Extraordinary Evidence (June 26, 2018)

National GuardGuest Post by Liz Ullman:

Enrique Costas comes from four generations of dignified and recognized military service. His grandfather’s name is in the history books as one of the first soldiers to join the Puerto Rico National Guard to serve the United States. His father defended this country for 32 years, earning an Air Medal for heroism in Vietnam; his nephew will be commissioned as an officer in the next week and will be going on active duty.

Costas enlisted in the Puerto Rico National Guard in 1988. In 1999 he volunteered to be assigned as a Recruiter, earning top awards and commendations throughout his almost 14 years as the Senior Non-Commissioned Officer in Charge (NCOIC) of the Puerto Rico Army National Guard Recruiting and Retention (RR) Command office in San Juan. He was also selected and participated for seven years in the Puerto Rico National Guard Honor Guard, the team responsible for carrying our Nation’s and Army Colors in the highest of the Government’s activities and celebrations.

He was responsible for achieving monthly production for the three main tenets of the Guard recruiting office: Recruiting, Retention and Attrition Management • Staff resourcing for two Army battalions covering 13 cities • Supervising and mentoring up to 10 recruiting and retention non-commissioned officers.

Costas was a champion in mission accomplishment with the highest integrity and ethics. His walls are filled awards and photos with the Guard’s top-ranking officers, including General Clyde A. Vaughn, who personally commended Costas for his service and integrity. Costas retired in 2014 after Honorably serving our Nation for over 26 years.

The biggest mistake Costas made in his career was simply being on duty during the Guard Recruiting Assistance Program also known as G-RAP, a cash incentive opportunity for civilian soldiers to bring in new recruits. With no direction from Washington D.C.’s Strength Maintenance Division, General Vaughn’s recruiters were supposed to intuit the 60 changes in the G-RAP rules over a seven-year period, while also working to fill the dwindling ranks of Guard troops.

Just before dawn, on an early October morning in 2015, Costas’s home was stormed by six Federal agents and two State police officers, in full tactical gear. Costas thought his family was under attack, and it was – by the Government he had served. Costas was arrested and taken to a Federal Courthouse where he was charged with “crimes” dating back almost ten years, during the days of G-RAP.

Costas is one of hundreds of General Vaughn’s recruiters who have been held responsible for not knowing the G-RAP rules that were never sent to them. And not just held responsible — charged with criminal intent to commit fraud against the Government. General Vaughn, who created and administered G-RAP, and who was administratively sanctioned for poor management, is enjoying full retirement in Virginia and Arizona.

Costas is going to prison.

The government’s “evidence” against Costas and other recruiters does not even meet the standard of circumstantial. In his case, the government admitted during trial to having no actual evidence, but only a “reasonable inference” that a crime could have been committed.

As a recruiter, Costas could not and did not participate in G-RAP. There were no Army regulations that governed G-RAP because the program was run by a private Alabama-based contractor called Docupak. Docupak was essentially incentivized to run a sloppy program, earning a 17% markup on every new enlistment, on top of their contract fees and administrative expenses. This lack of training stands in sharp contrast to how the Army usually operates, with manuals and rules on almost every action and procedure.

The one rule that the prosecution seized on to brand soldiers and veterans as felons regarded the relationship between the Recruiting Officer and the Docupak civilian contractors known as Recruiting Assistants (RAs). When G-RAP began, those contractors were regarded as assistants to the Recruiting Officers. The Recruiting Officers might use the RAs to give that extra push to a potential applicant considering enlisting. The Recruiting Officers were encouraged to ask the RAs to attend recruiting events and help with the finding of potential candidates. The original program outline stated that the Recruiting Officer would provide specifics for each possible enlistment to the RA, including legal name, birth date and social security number. That information was used by Docupak to verify enlistments and process payments to their RA contractors. In later descriptions of G-RAP, the social security number would go from the new recruit to the RA contractor, bypassing the Recruiting Officer, which not a single RA contractor reports ever seeing or any evidence has ever been produced by Docupak that verifies it.

This procedural change has resulted in hundred of indictments and scores of convictions for identity theft and wire fraud. Soldiers and veterans are in prison. Costas, sadly, is on his way.

After the government filed more than 50 felonies against Costas, his defense team could not overcome the wrath of the United States and he was convicted by a jury who felt that with so many felonies filed, Costas certainly had to have done something wrong.

He did not. G-RAP was a tangle of mismanagement; the soldiers who were on duty during its tenure are paying the price of administrative failures by their command. In an internal investigation done by the Puerto Rico National Guard pertaining to G-RAP in 2012, the Investigating Officer admitted that “Recruiters had no formal training on how G-RAP operated.”

Costas and his family had their hearts broken when the prosecution opened with statements calling him a “cheater, stealer and a liar.” He said these words, “pierced the core of his soul.”

Presumption of Innocence or even the “benefit of the doubt” was never given. In the end the Government spent an estimated $100,000 prosecuting Costas and the jury found Costas guilty on three charges amounting to $3,000. Although never having a criminal record and an impeccable military career, the judge sentenced Costas to prison. In the end “reasonable inference” and circumstantial evidence weighed more than 26 years of honorable service willing to sacrifice life and limb.

Recently the United States Court of Appeals for the 6th District reversed and vacated a conviction of an accused soldier involving G-RAP and determined, that the “Government did not retain a revisionary interest in the funds and that it did not exercise supervision or control over the funds”. This decision cannot be applied to Costas unless the United States Court of Appeals for the 1st District, the Supreme Court, or Congress rules on it.

“Extraordinary claims require extraordinary evidence.”
― Carl Sagan

The claims were extraordinary. The evidence was missing. And yet, a United States military hero and veteran has been sacrificed.

We respectfully request that Congress or the White House appoint a commission to review the G-RAP investigation, to identify Soldiers that have been unjustly stigmatized by it, and to recommend suitable cases for clemency and pardon.

Related Links:
Stop G-RAP Injustice | Facebook
The Conspiracy Behind the G-RAP War on American Soldiers (March 30, 2016)
If You Look at the Dollars, Guard Recruiting Assistance Program Investigations Make No Sense (July 12, 2016)
Top Ten Problems with the National Guard Recruiting Assistance Program (G-RAP) Investigations (December 15, 2016)
An Open Letter to Congress Regarding the Investigations of the National Guard Recruiting Assistance Program (June 5, 2017)

Murder Comes to Town Premiered ‘Hellfire in the Hollow’ on Investigation Discovery: Rose Goggins and Sylvia & Steven Beersdorf Sr. (June 19, 2018)


When a 21-year-old mother doesn’t return from night classes and her car is found burned, investigators immediately suspect foul play. However no one is prepare for the web of lies that ultimately unfold due to her disappearance. -Murder Comes to Town, Investigation Discovery

Victim:
Rose Mary Marie Goggins, 21, was killed by her future in-laws on January 14, 2010 in Lawrenceburg, Tennessee. Steven and Sylvia Beersdorf Sr. pleaded guilty to homicide, disposing of her body, and setting her car on fire. Rose’s fiancé, Steven Beersdorf Jr., was at Camp Shelby in Mississippi with the Tennessee Army National Guard preparing to ship off to Iraq. Authorities stated that although Beersdorf’s parents were guilty, Goggins’ fiance was not involved in her murder.

Defendants:
Sylvia Beersdorf, 43 – pleaded guilty to criminal conspiracy to commit first-degree murder; sentenced to 15 years in prison
Steven Beersdorf Sr., 46 – pleaded guilty to first-degree murder and conspiracy to commit murder charges; sentenced to life in prison

Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. Download the ID Go app and binge away. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.

Related Links:
From Missing Person to Murder Victim
Rose Goggins murder case: Remains found at future in-laws house are of female; DNA testing under way
More details released in killing of young Tennessee mom; 2 charged
Tennessee: Couple charged in death of son’s girlfriend
Tennessee couple plead not guilty to murder of son’s fiance
Couple Pleads Not Guilty In Woman’s Death
Couple plead not guilty to murder of son’s fiance
Couple plead not guilty to murder of son’s fiance
Couple plead not guilty to murder of son’s fiance
Couple Waives Rights To Preliminary Hearing
Rose Goggins murder: Grandparent suspects waive preliminary hearings
Couple face trial in slaying of daughter-in-law
Plea Deals Accepted In Future Relative’s Death
Couple plead guilty in death
Wayne Couple Pleads Guilty To Killing Grandson’s Mom
Rose Goggins Murder To Be Re-Lived When “True Crime” Pgrm. Airs In Fall
Homicide in the Heartland | True Crime with Aphrodite Jones | ID (YouTube)
A Rose Amongst Thorns | Wicked Attraction | Investigation Discovery (website)
A Rose Amongst Thorns | Wicked Attraction | Investigation Discovery (Dailymotion)
Hellfire in the Hollow | Murder Comes to Town | Investigation Discovery (website)
Hellfire in the Hollow | Murder Comes to Town | Investigation Discovery (YouTube)
In Loving Memory of Rose Mary Marie Goggins (Facebook)

International Men’s Day: FIVE Female Killers who Murdered Male Soldiers and Veterans (November 19, 2017)

Full Episode: Dark Secrets are the stock-in-trade of Deadly Women -Dark Secrets, Deadly Women (S2, E4)

‘Black Widow’ Judy Buenoano Executed by the State of Florida for Three Homicides; First Woman to Die by Death Penalty in Florida Since 1848 (March 30, 1998)

Full Episode: For these women, one good man wasn’t enough. An army wife didn’t want a soldier but a squad. These Deadly Women married for the money, honey. -For the Money Honey, Deadly Women (S8, E11)

Army Veteran Doug Gissendaner Murdered for the Marital Home & Life Insurance, Wife Kelly Sentenced to Death for First Degree Murder & Executed in Georgia (1997)

Full Episode: An Army Major lay lifeless in his bed, shot twice at close range while sleeping next to his wife. Investigators would soon uncover an intricately planned murder plot involving sex parties, adultery and coercion. -Behind the Picket Fence, Scorned: Love Kills (S1, E1)

Army Major David Shannon Murdered by Wife Joan & her Daughter Elizabeth for the Life Insurance; Joan Shannon Sentenced to Life, No Parole (2002)

Full Episode: Marriage is a lifelong commitment of love, and wedding vows. ‘To have and to hold; for better, for worse; until death do us part’. But for these monstrous wives, it was only the vow of ‘death do us part’ they upheld. -To Love and To Murder, Deadly Women (S5, E5)

Maryland Army National Guardsman Charles ‘CJ’ Lewis Murdered Before Deployment to Iraq for Life Insurance; Teresa Lewis Sentenced to Death (2002)

Full Episode: These women burn madly with anger so deep they’ll kill to satisfy it. What makes them turn on the ones they love? Find out as we explore for a lover’s revenge. -Lover’s Revenge, Deadly Women (S5, E17)

Army Veteran Gregg Whitmore and Girlfriend Karen Cummings Stabbed to Death in Home; Ex-Wife Shana Parkinson Sentenced to 27 Years in Prison (2004)

Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. Download the ID Go app and binge away. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.

Staff Sgt. Aaron Butler, Utah Army National Guard, Died of Injuries Suffered from Improvised Explosive Device in Afghanistan (2017)

ZSQXPIA2OBESNHNLM5ZDOPD4ZE

Staff Sgt. Aaron Butler, Utah Army National Guard

Army Staff Sgt. Aaron Butler, 27, died of injuries suffered from an improvised explosive device while conducting combat operations in Nangarhar Province, Afghanistan on August 16, 2017. Staff Sgt. Butler was supporting Operation Freedom’s Sentinel on behalf of the 19th Special Forces Group (Airborne) at Camp Williams, Utah Army National Guard.

Related Links:
DoD Identifies Army Casualty
Pentagon identifies Green Beret killed in Afghanistan
Green Beret Killed in Afghanistan Identified By Pentagon
Utah National Guard member killed in Afghanistan
Utah National Guard member killed in Afghanistan
Details released, identity confirmed of Utah Nat’l Guardsman killed in Afghanistan
Family identifies Utah soldier killed in Afghanistan as Aaron Butler
Family identifies US soldier killed in booby-trapped building in eastern Afghanistan
The Latest: Family IDs Utah soldier killed in Afghanistan
Pentagon identifies Special Forces soldier killed battling Islamic State in Afghanistan
‘A force of nature:’ Monticello remembers hometown hero killed in Afghanistan
Sen. Lee Releases Statement of Support for Family of Aaron Butler
Utah governor extols National Guard staff sergeant killed in booby-trapped Afghanistan building as ‘one of Utah’s best’
The Latest: Family IDs Utah soldier killed in Afghanistan


Utah National Guard member Aaron Butler called Monticello home. Now, that community — along with the rest of the state — is mourning his loss. News Specialist Sam Penrod reports in San Juan County where family friends are remembering a man who never let anything get in the way of his goals. -KSL News

An Open Letter to Congress Regarding the Investigations of the National Guard Recruiting Assistance Program (G-RAP)

screen-shot-2016-03-30-at-7-59-19-am

Guard Recruiting and Assistance Program (G-RAP)

Dear Congress,

Both the New York Times and the Washington Times are reporting that the Army’s investigation of National Guard soldiers and veterans who participated in the Guard Recruiting Assistance Program (G-RAP) has gone far and wide of the intention. Thousands of Guard troops have had their military and civilian careers destroyed over the Army’s accusations and questionable investigations.

They are questionable because of the constitutionality of the Army serving as a police force to investigate citizen soldiers. They are questionable because CID’s tactics do not conform to policy. They are questionable, because in five years of investigations and an estimated $40 million spent by CID, not even a fraction of the alleged fraud has been found. Senator Claire McCaskill took, at face value, Gen Quantock’s testimony that $100 million was lost to G-RAP fraud. Senator McCaskill set loose the largest military criminal investigation in history.

I am just a citizen volunteer: not military, not an attorney, who did background research for a friend caught in this trap. In the process I amassed thousands of pages of documentation that the investigations are unjust, and possibly illegal – That the premise of massive fraud is wrong and that the witch hunt continues only to prove the Army’s wild exaggerations.

G-RAP is a dark and complicated story and one that needs attention. Shining a spotlight on this can only happen in Congress.

I would welcome an opportunity to share what I have found.

Sincerely,

Liz Ullman

Related Links:
Defend Our Protectors
Stop G-RAP Injustice on Facebook
The Conspiracy Behind the G-RAP War on American Soldiers
If You Look at the Dollars, Guard Recruiting Assistance Program Investigations Make No Sense
Top Ten Problems with the National Guard Recruiting Assistance Program (G-RAP) Investigations

Gangs in the US Army Documentary


“It seems like more and more gang members joined in order to get free military training and gain new skills that they can use when they are back in their street gangs. This epidemic of gang members in the US army, marines and even the navy is getting worse. It seems like the background checks aren’t that accurate and can’t always detect who’s legit vs who’s a criminal.”

Related Links:
Gangs infiltrate US military
Gang Activity in the U.S. Military
Gangs Penetrate the US Military
2011 National Gang Threat Assessment
The modern US army: unfit for service?
Military Overlooks the Hate in Its Ranks
Neo-Nazis, gangs and criminals in the US military
In the Army Now: Gangs, Nazis & the Mentally Ill
U.S. Army battling racists within its own ranks
Irregular Army : A Conversation With Matt Kennard
Reports Back Op-Ed Linking Vets to Hate Groups
The US Military Has Become A Haven For Hate Groups
American ISIS: The Domestic Terrorist Fallout of the Iraq War
The US Military Recruited Violent Felons to Support the War Efforts
The FBI Announces Gangs Have Infiltrated Every Branch Of The Military
Military-Trained Gang Members Worry FBI, Oklahoma Law Enforcement
Red, White and Gangs: The problem of street gangs in the military
Sikh temple shooter promoted extremist views during his Army years
Sikh Temple shooter formed White supremacist views in U.S. military
Author: Sikh Temple Massacre is the Outgrowth of Pervasive White Supremacism in U.S. Military Ranks
Matt Kennard presents his new book Irregular Army at the Baltimore Radical Bookfair Pavilion
How Neo-Nazis and Gangs Infiltrated the U.S. Military: Matt Kennard’s ‘Irregular Army’
Irregular Army: How the US Military Recruited Neo-Nazis, Gang Members, and Criminals to Fight the War on Terror
FBI says U.S. criminal gangs are using military to spread their reach (2006)
Criminal Gangs in the Military (2007)
Are Gang Members Using Military Training? (2007)
The Yale Law Journal: Gangs in the Military (2009)

Top Ten Problems with the National Guard Recruiting Assistance Program (G-RAP) Investigations

the-constitution-was-written-very-precisely-to-restrain-the-power-and-force-of-government-and-to-protect-the-liberties-of-each-and-every-one-of-us-ron-paul-2

Guest post submitted by:

Doug O’Connell
O’Connell & Associates, PLLC Doug@DougOConnell.com

Attorney Doug O’Connell has represented former Recruiting Assistants for the past two years in both criminal and civil matters. A former state and federal prosecutor, Doug is also a Special Forces Colonel in the Texas Army National Guard. In addition to his own practice, Doug is Of Counsel to Fluet, Huber + Hoang law firm.

The G-RAP accusations and investigations have now lingered for over five years. At least 90,430 (1) National Guard Soldiers (88% of all G-RAP participants) have been subjected to investigations as part of a massive dragnet to recover bonuses (2). 125 Soldiers have been prosecuted in Federal or State Courts; at least 2633 Soldiers remain under investigation (3). While a handful of unscrupulous participants took advantage of the ever-changing rules of this contractor-run program, those cases were adjudicated years ago. What the Army CID is now doing is nothing more than pursuing anyone whose G-RAP tenure spanned the years with the most rules’ changes in an effort to prove up the Army’s exaggerated fraud estimate.

It’s hard to pick the Top 10 issues with G-RAP. The items below represent issues apparent in almost every case. This list omits, but hardly overlooks, such things as inappropriate command pressure to participate in G-RAP, forcing accused Soldiers to undergo DNA collection (4), active surveillance of National Guard Soldiers by Army CID (5), coercion to make reimbursements to the Army (6) in lieu of punishment and other notable violations of Soldier’s rights.

1 Letter to Representative Mike Coffman from Daniel M. Quinn, Chief of Staff, USACIC.
2 The U.S. Army and U.S. Department of Justice consistently refers to G-RAP payments as bonuses in sworn testimony, official documents and court filings. The payments were paid by a contractor directly to the Soldier and IRS form 1099 was issued to every participant. Payments were not processed by DFAS and did not appear on a LES. Finally, Congress did not authorize a bonus related to this program. Nevertheless, Government officials consistently refer to G-RAP payments as bonuses, perhaps wishing it were true so that legal recoupment would be possible.
3 Per letter to Rep Coffman.
4 Collected by a cheek swab without a warrant in violation of the 4th Amendment.
5 Related to an allegation of fraud which if true occurred years prior.
6 Possibly an illegal augmentation of appropriations in violation of the Miscellaneous Receipts statute, 31 USC §3302.

1. GUILT BY ALGORITHM.

Auditors, instead of seasoned law enforcement professionals, launched the G-RAP investigations. Rather than using any type of proper legal standard like probable cause, the Army Audit Agency assembled lists of Soldiers branded “high risk” by the auditors. The definition for “High Risk” was listed as “an inability to follow the rules.” Because the rules changed 60 times in seven years, almost everyone who successfully participated in G-RAP became a target. Soldiers connected to the “high risk” Soldiers were in turn investigated. This self-perpetuating, system of guilt by association crushes any notion of justice and the rule of law. Years later, many of these Soldiers still are under the cloud of a CID investigation and are being forced to defend (at great financial and emotional cost) their names and careers.

2. COMPULSORY INTERROGATIONS.

Federal CID agents lack any authority to compel National Guard Soldiers (or veterans) to submit to interrogations. Unfortunately, neither CID nor most Guard Soldiers and veterans understand that they cannot be forced to appear or answer questions from Army-dispatched agents. CID agents repeatedly violate this bright line legal standard. Worse yet, some Guard Commanders aren’t sufficiently knowledgeable about the law to protect their Soldiers. Once confronted with apparent military authority, many individuals, honestly believing they did nothing wrong, provide answers, later cherry picked and twisted to supposedly show guilt. The unfortunate individual is left having to prove he or she didn’t say something or that the statement was taken out of context.

3. INVESTIGATORS WITH A PERSONAL FINANCIAL INCENTIVE.

The CID Investigators pursuing G-RAP allegations include Army Reserve CID Agents voluntarily on active duty orders. At a minimum, the perception exists that the Reserve Agents have a financial incentive to perpetuate the investigations. The longer the investigations continue, the longer these agents remain employed. Further compounding this problem is the very logical assumption that few agents would volunteer for active duty if it meant a pay cut from their civilian employment.

4. VIOLATIONS OF THE POSSE COMITATUS ACT.

National Guard Soldiers not mobilized into federal service, are like any other civilian citizen under the law. The Posse Comitatus Act prohibits federal military personnel from investigating and enforcing the law. Yet, that is exactly what is happening. The PCA is a federal criminal offense punishable by a term in prison. In the G-RAP investigations, federal military agents are investigating allegations of criminal violations by Guard Soldiers, who are the same as civilians under the law (7). This is a clear violation of the PCA. Unfortunately, this flawed law requires the same prosecutors who are prosecuting Soldiers to levy charges against the same agents investigating the cases they prosecute.

7 See Perprich vs. Department of Defense, 496 U.S. 334 (1990).

5. TRAMPLING THE STATUTE OF LIMITATIONS.

In our system of justice, a statue of limitations exists to limit the Government’s ability to bring charges so remote that the defendant can’t reasonably mount an effective defense. In G-RAP cases, the Government is circumventing the statue of limitations with a World War II era tolling statute. Most applicable criminal offenses have a 5 year statute of limitations. Since G-RAP ended in 2012 the statute of limitations has long expired in most cases. However, in G-RAP investigations and prosecutions the Government is relying on the Wartime Suspension of Limitations Act (8) to continue to bring criminal cases. First enacted in 1948, the WSLA is designed to protect the Country from fraud during times of war. This law likely made sense during World War II, the Korea and Vietnam conflicts. However, the nature of warfare has changed. The current war against terrorism and global extremist groups will continue indefinitely. Relying on the outdated WSLA during today’s conflicts effectively terminates the deeply rooted equitable concept of a statue of limitations.

8 18 USC §3287

6. SPENDING $40 MILLION -TO COLLECT $3 MILLION.

Our Government has spent at least an estimated $40 million dollars (9) to investigate Soldiers. The ensuing recoupment actions and prosecutions have recovered, at most $3 million dollars (10). Army CID agents have repeatedly conducted full field investigations to determine if a Soldier’s single $2,000.00 bonus was righteous (11). In an era of constrained defense spending with persistent and emerging global terrorist threats, this massive boondoggle sets a new record for fraud, waste and abuse. The CID agents’ limited time and resources would be much better spent working to prevent the next Fort Hood terrorist attack.

9 This is a conservative estimate which includes the personnel cost associated with bringing the USAR agents onto duty status.
10 This figure is also an estimate based on all federal cases reported in the Pacer.gov system and media reports from around the country.
11 At least one National Guard officer is currently under indictment for a single G-RAP recruitment.

7. INACCURATE TESTIMONY TO CONGRESS & POLITICAL PRESSURE

The entire G-RAP controversy is based on inaccurate and irresponsible testimony to Congress. During Senate hearings chaired by Senator Claire McCaskill (12), Army General Officers testified that the total G-RAP fraud could be as high as $99 million (13). This estimate was wildly inaccurate (14). To date, the Government has only collected $3 million in fraudulent payments. Senator McCaskill immediately branded these Soldiers as criminals despite their Constitutional right to be presumed innocent (15). Many have speculated that the hearings and estimates of widespread fraud were designed to embarrass the National Guard during budget battles. Others suggest that it was an attempt to appease this powerful member of the Senate Armed Services Committee and self styled “accountability advocate.” Still others contend that the hearings were an attempt to shift focus from sexual assaults in the military. Whatever the reason, the McCaskill hearing set off a chain of events abrogating the presumption of innocence justice toward service members and veterans.

12 United States Senate Hearing: Fraud and Abuse in Army Recruiting Contracts, February 4, 2014.
13 Id.
14 It appears that this testimony has never been revised, amended or updated to correct the record.
15 Id.

8. AT LEAST 60 CHANGES TO THE “RULES.”

In the eyes of CID, violations of the program “rules,” indicates intentional fraud worthy of criminal investigation. However, the G-RAP “rules” changed at least 60 times during the life of the program (16). Understanding the “rules” of G-RAP at any given point in time requires a detailed analysis based on a significant review of multiple documents (17). In the vast majority of cases, if the Soldier violated the “rules,” it is more likely due to confusion rather than a deliberate desire to cheat the system. With unrelenting intensity, CID doesn’t investigate an alleged crime; they gather slanted “evidence” to prove that a crime was committed. CID, in fact, has been responsible for elevating an inability to follow the rules of a program run by a private contractor to the level of a crime. One example: at various times full time members of the National Guard were authorized to participate in G-RAP, at other times they were ineligible. If a Soldier entered G-RAP when full time members were allowed, but submitted data for payment months later when full time members were not allowed, that Soldier is investigated for fraud.

16 See Agent’s Investigation Report, CID Special Agent Julie Thurlow, November 22, 2013.
17 National Guard Bureau changed the rules via a contract change order sent to Docupak.

9. “SPHERE OF INFLUENCE” AND OTHER VAGUE GUIDANCE.

Soldiers participating in G-RAP received instruction to recruit from their “sphere of influence.” This term was never defined. It’s unclear if the intent of this language was to limit recruitment to pre-existing relationships. Regardless of NGB’s intent, the Soldiers received a very different message. For example, once hired by Docupak, Soldiers were provided marketing items such as t-shirts with the message “ask me about the National Guard.” None of the marketing items provided would have been necessary to recruit people already known to the Soldier. Now, these same Soldiers are investigated and some prosecuted for recruiting outside their sphere of influence. Likewise, Soldiers were told that they “shouldn’t” wear their uniform when conducting recruiting activities. If this were truly a prohibited action worthy of investigation, the “rule” would have been written as “you are prohibited from wearing your uniform.”

10. “I DON’T REMEMBER = GUILTY.”

When CID agents track down and contact recruits many years after their enlistment into the National Guard, most don’t remember the details of their interaction with the recruiting assistant. To the CID agents, this means the RA committed misconduct. The alternative explanation is unfathomable to the agents: the recruit, 7 years later, just doesn’t remember. This is especially problematic since Government prosecutors use this lack of memory to charge the Soldier with Aggravated Identity Theft (18), a charge that carries a mandatory minimum term of prison sentence of two years.

18 18 USC § 1028A.

“EXTRA CREDIT:” CID KNEW ABOUT ALLEGED FRAUD FOR FIVE YEARS BEFORE TAKING ACTION.

On May 22, 2007, five years before G-RAP was shut down, Agents from Army CID, Air Force OSI, and Defense Criminal Investigative Service (DCIS) met with Docupak to discuss potential fraud in the program (19). A representative of the United States Department of Justice (20) was also in attendance. The agents specifically instructed Docupak not to notify the State Adjutant Generals, National Guard Bureau, or the contracting officer regarding alleged fraud. This effectively cut off any ability to clarify confusing rules and or enhance fraud prevention measures. Importantly, it also prevented Governors and Adjutants General to execute their Constitutional duty of regulating their National Guard force and apply appropriate discipline (21). Likewise, notification the responsible contracting officer at NGB would have triggered remedial action. Instead, the CID sat on this information for five years, causing a relatively minor amount of confusion to escalate into what we have now – another major bonus scandal ensnaring thousands of junior Soldiers facing accusations.

19 2014 Inspector General Report, page 40, paragraph g, and footnote 142.
20 Presumably a licensed attorney.
21 The Governor’s and TAG’s Constitutional authority to regulate and discipline Guard members included the full time recruiting force in each state, some of whom were suspected of misconduct. These Soldiers operate under the exclusive military jurisdiction of the relevant State Military Code of Justice.

CONCLUSION

Few Soldiers have the financial resources to mount a proper defense to federal criminal charges. Faced with the possibility of prison time, many take a plea bargain to avoid the risk of prison, financial ruin or deepening emotional trauma to themselves and their families. Even if the accused Soldiers are not prosecuted, the collateral consequences seem never ending. The investigation will continue to haunt them for years to come. Security clearances will be revoked or suspended, and the Government will initiate proceedings to “debar” the Soldier from future employment as a government contractor. Eventually, the case file will be forwarded to the State National Guard headquarters for military justice or administrative action. The range of administrative sanctions includes separation boards, official reprimands and being required to rebut CID’s flawed conclusions to a promotion review board. The administrative flag on their personnel file will continue until all military administrative actions are complete (22). Finally, many of these same Soldiers, never prosecuted in a court of law will have a federal criminal history created as a result of being investigated, “titled” and “founded” by CID.

22 A “flag” prevents any favorable action including re-enlisting, awards, and promotions. The flag does not prevent orders to deploy overseas (again). Flags as a result of G-RAP investigations have been in place for four or more years at this point.

If You Look at the Dollars, Guard Recruiting Assistance Program Investigations Make No Sense

Guest Post Submitted By Liz Ullman

“We are looking at spending over $600,000 of tax payer dollars for $2,000 that was allegedly stolen, most likely over 3-6 years ago, under a program that was deemed to be flawed, mismanaged and inherently opaque by the US Army’s own leadership.”

10456822-Cash-dollar-signs-Texture--Stock-Photo-bill It is true, that our forefathers set out to create a judicial system that blindly judged the accused in a manner that afforded them the opportunity to receive a fair trial, regardless of race, sex, beliefs, political stature or societal standings. However, as shown in the Guard Recruiting Assistance Program (G-RAP) scandal, it appears today’s judicial system is more about your ability to secure good lawyers and your civil status than it is about determining guilt versus innocence.

Most soldiers charged for their participation in G-RAP cannot afford an attorney. They are bullied by Army Criminal Investigative Command (CID) Agents to take polygraphs, provide incomplete statements (which are then used as evidence against them) and to accept a plea for criminal acts they did not commit. Without adequate counsel these service members are given ultimatums or forced to accept deals that leave them powerless. At best they are issued overworked public defenders who place them in a pool of other criminals including rapist, murderers and thieves. Soldiers are pushed to take plea bargains by the prosecution in an effort to give CID a quick victory and take the case off the public defender’s plate. However, this system puts a hefty burden on the soldier regardless of what road they take.

Continue reading

Washington Army National Guardsman 1st Lt. David Bauders Died in a Non Combat Related Incident at Al Asad Air Base in Iraq (May 6, 2016)

Screen Shot 2017-07-14 at 8.51.25 PM

1st Lt. David Bauders, Washington Army National Guard

Army National Guardsman 1st Lt. David Bauders, of Seattle, Washington died in a non-combat related incident on May 6, 2016 at Al Asad Air Base in Iraq. 1st Lt. Bauders was supporting Operation Inherent Resolve on behalf of the 176th Engineer Company, Washington Army National Guard in Snohomish, Washington. Bauders was a Washington State Patrol trooper and he deployed with the Army National Guard for a one year deployment beginning in February 2016. At the time of the DoD press release, the incident was under investigation. The official cause of death is unknown.

Related Links:
Obituary: David Allan Bauders
1st Lt. David A. Bauders
DoD Identifies Army Casualty
Washington National Guardsman dies in Iraq
U.S. soldier dies in non-combat incident in Iraq
Soldier from Seattle dies in Iraq in non-combat incident
Guard soldier dies in non-combat incident in Iraq
Washington State soldier dies in Iraq in non-combat incident
WSP Trooper Died in Non-Combat Duty While Serving in Iraq
Inslee statement on death of Lt. David Bauders
Washington National Guard soldier dies at Iraq air base
Washington National Guard soldier killed in Iraq in ‘non-combat incident’
Washington National Guard officer, born in Watertown, killed in Iraq
Washington National Guard soldier’s death in Iraq under investigation
Washington National Guard soldier’s death in Iraq under investigation
Forest Grove, UP grad dies in Iraq non-combat incident
University of Portland grad who died in Iraq a ‘true hero’ with a ‘big heart’
Washington National Guard solider, 25, dies while deployed in Iraq
Deployed Washington National Guard soldier dies in Iraq
American service member in Iraq dies of non-combat injury
Has ISIS killed another US soldier? National Guardsman dies in Iraq ‘non-combat’ incident
The Faces of the Fallen: Honoring the Service Members We Lost This Year
Tribute To Our Fallen Soldiers – US Army 1st Lt. David A. Bauders, of Seattle, Washington


1st Lt. David A. Bauders, Washington Army National Guard