Wisconsin University Student Cleared in Title IX Investigation
Aug 14, 2023
OUTCOME: Client found "not responsible"
A client at a university in Wisconsin was recently cleared of a false accusation of sexual assault in the university's Title IX investigation. The university failed to follow UWS procedures in dismiss...ing the complaint, as the complainant was not a student at the university. Nevertheless, the correct and just outcome of a finding of "not responsible" was reached. My client can move on with his life.
Military law
Client beats false SHARP accusation to become an officer!
Mar 30, 2023
OUTCOME: Client overcame false SHARP complaint, promoted to officer
I represented a non-commissioned officer who was falsely accused of "sexual harassment" creating a "hostile work environment." I pointed out the multiple legal deficiencies in the investigation. He w...as offered an Article 15, but he turned it down (upon my advice). The command initiated an administrative separation board. I found out recently that he "beat" his board and subsequently became an officer!
Military law
JUSTICE FINALLY SERVED! Client vindicated with a full acquittal!
Jul 01, 2022
OUTCOME: FULL ACQUITTAL!
Navy officer client, who was initially wrongly convicted and incarcerated for almost 2 years, was finally vindicated this month in a FULL ACQUITTAL of false allegations of child sex abuse. These alleg...ations first arose 5 1/2 years ago because of the client's ex-wife in the midst of a contentious divorce. The child was brainwashed into believing that the client's legitimate parental care of her was "abuse." We obtained a variety of records to corroborate our client's defense of parental care.
This is a case that should never have gone to trial. It is unfortunate that people automatically "believe the victim" without ever questioning whether the story being fed to them was true. The story was not true. Our client's ex-wife kept launching false allegations of abuse that escalated in frequency and severity, and withheld information that exculpated our client. Government officials turned a blind eye to the fact our client was innocent. Our client was not "prosecuted," he was "persecuted."
Military law
Wrongly convicted Marine gets sexual assault convictions overturned
Jun 24, 2022
OUTCOME: Sexual assault convictions overturned, case dismissed
A long-time client, Marine E-8, recently had his sexual assault and adultery convictions overturned by the NMCCA for factual insufficiency! This is a very rare victory for a client. Even in the face ...of DNA evidence, which we argued contradicted the complainant's account of events, the NMCCA agreed with us. Overturning a conviction for factual insufficiency is the equivalent of an acquittal. The court did not believe the complainant, and pointed to several claims she made as evidence she was not a truthful person.
The client's remaining convictions for Article 92, UCMJ violations (disobeying orders) were also overturned on the basis that the military judge who presided over a key part of the trial applied to be a "highly qualified expert" for the prosecutors in the same region, but he failed to disclose this application.
The client now has no convictions, and his command wisely decided not to pursue another trial for the Article 92 violations. The client is now fully restored to active duty with a clean record, was awarded backpay, and will be allowed to retire this summer after 30 years of service, his career and dignity intact.!
Military law
"SHARPed" Client Cleared AGAIN from Malicious False Complaint
Dec 13, 2021
OUTCOME: Client cleared.
An Army enlisted person sought my assistance with being the subject of a "SHARP" complaint. "SHARP" is an acronym for Sexual Harassment/Assault Response Program. An Army officer lodged a false compla...int against him because she was upset her previous complaint while they were deployed wasn't substantiated. In her second complaint, she increased the severity of the allegations. We believed she filed the second complaint to distract her chain of command from investigating her for encouraging her subordinates to violate a lawful general order for everyone to wear a mask in the office, due to COVID-19. My client was cleared a second time. Her appeal of the SHARP complaint was denied.
Military law
Retiree wins battle with DFAS over baseless accusations of BAH and COLA "fraud"
Nov 22, 2021
OUTCOME: $75,000 in "debt" canceled, DFAS ordered to refund wrongfully garnished pay.
The retiree client was baselessly accused of BAH "fraud" when, being stationed overseas, some of his family members came to live with him. He had other family members who remained in the United States..., and thus was entitled to continue receiving BAH and cost of living adjustment (COLA) allowances on their behalf. His commander reported him to CID for "fraud." As a result, DFAS garnished the retiree's pay for his $75,000 "debt." We filed an ABCMR application on his behalf, challenging the debt. We also obtained expert assistance from a retired CID agent who pointed out the multiple flaws in the investigation. The ABCMR notified the client that it was canceling the "debt" and ordering DFAS to refund all amounts of money wrongfully garnished.
Military law
Charge dismissed for double jeopardy violation
Nov 17, 2021
OUTCOME: Charge dismissed; further prosecution is barred.
In the Air Force's THIRD attempt to court-martial a young airman for an alleged "sexual assault" from more than seven years ago, the military judge dismissed the charge and specification for violating ...the airman's double jeopardy rights. The Government gets ONE chance to prosecute a servicemember and to prove its case. The Government lost its chance when a military judge previously dismissed the same charge earlier this year for a violation of the airman's right to a speedy trial. This young man can FINALLY move on with his life.
Military law
Wrongly convicted officer vindicated on appeal
Oct 22, 2021
OUTCOME: Findings and sentence set aside; rehearing authorized.
Navy officer was falsely accused by his vindictive ex-wife of molesting their young daughter. She wanted custody of their two children and she was angry that the daughter favored the father. The scop...e of the alleged molestation increased in severity over the course of two years, after multiple interviews and constant coaching by the ex-wife of the daughter. The daughter recanted an allegation of oral sex during her trial testimony. The Navy-Marine Corps Court of Criminal Appeals held that it was error for the military judge to admit the two forensic interviews and a forensic "medical" report into evidence as substantive evidence. It was also error to refuse to admit evidence that the daughter had engaged in oral sexual activity with a neighbor child to show an alternate source of knowledge, to challenge the daughter's credibility (she had denied engaging in any sexual activity with anyone else), to challenge the ex-wife's credibility for failing to report this incident to the forensic interviewer, and to challenge the "soundness" of the forensic interviews, given the interviewer's testimony that it was important to identify alternate sources of abuse.
Military law
Decorated Special Forces Soldier Allowed to Retire with 20 years of service
Sep 22, 2021
OUTCOME: Client allowed to retire
My client, a highly-decorated Special Forces Soldier, was wrongly discharged from the Army after serving almost 18 years. There were multiple irregularities before, during, and after his board, includ...ing a legal professional wrongfully reinserting evidence into the client's board packet that the board legal advisor had determined should be removed. We filed an application to the Army Board for Correction of Military Records, arguing for him to be reinstated, or in the alternative, to be credited with sufficient time for him to retire. After a lengthy wait, the ABCMR finally notified the client that his discharge was thrown out and that he will be allowed to retire with 20 years of service.
Military law
Warrant officer permitted to retire in current grade
Mar 04, 2021
OUTCOME: Client allowed to retire in his current rank
A warrant officer client had a piece of "bad paper" for minor military misconduct in his record that triggered a Grade Determination Review Board to determine if he should be administratively reduced i...n grade when he retired, which would have also resulted in reduced retired pay. We submitted a packet with numerous support letters recommending he be allowed to retire in his current rank.
