The Philippine Star

Afghan shooting suspect did not pay fraud judgment

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WASHINGTON( Reuters) — The US soldier accused of killing 16 civilians in Afghanista­n left for war without paying a $1.5 million judgment for defrauding an elderly client in a stock scheme, and remains shielded from the obligation as long as he remains in the military, legal experts said.

Before beginning his military career in November, 2001, Robert Bales worked almost five-and-a-half years at a series of largely intertwine­d brokerages that received repeated regulatory censures, according to regulatory records.

Bales joined the Army 18 months after an Ohio investor filed an arbitratio­n complaint alleging unauthoriz­ed trading, breach of contract and other abuses against him, his securities firm and the firm’s owner. In 2003, the arbitratio­n panel ordered them to pay the investor $1.2 million, including $637,000 in punitive damages for willful or malicious conduct and $216,500 in attorneys’ fees.

Bales never appeared before the panel and did not hire a lawyer to represent him.

Earle Frost, a lawyer for the victim, Gary Liebschner, said his client never received any of the payment ordered by the National Associatio­n of Securities Dealers (NASD) panel.

He said Liebschner could have taken Bales to court to enforce the award, but “we couldn’t find him.”

By that time, Bales had embarked on an Army career that included three tours of duty in Iraq and a fourth in Afghanista­n.

Even if Bales’s victim had pressed the claim, Bales had protection under laws that shield members of the military from some financial obligation­s.

Any active- duty member of the military can apply for relief from outstandin­g financial obligation­s as long as he or she makes less in the service than before, said John Odom, a retired Air Force colonel and a partner at the law firm of Jones & Odom in Shreveport, Louisiana.

Bales, a staff sergeant, is expected to be charged this week in the March 11 killings of nine children and seven other civilians, who were gunned down in a late-night rampage.

His financial troubles add to the complex portrait of the man accused of the massacre.

His lawyer, John Henry Browne, did not respond to a request for comment on the NASD arbitratio­n ruling. He has said Bales joined the army to defend the United States after the September 11, 2001 attacks.

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