Bilecki Holds Eighth Army CG GOMOR on $15,000 BAH Overpayment to Local Filing Only
Apr 12, 2024
OUTCOME: GOMOR filed locally only, not in the AMHRR; no court-martial; no NJP; no administrative separation; no Board of Inquiry.
An Army Warrant Officer 1 with a Special Operations career record was facing an Eighth Army Commanding General's GOMOR for a $15,000 BAH overpayment that he had identified, corrected, and repaid in ful...l before the GOMOR was even drafted. Maximum exposure on permanent AMHRR filing: career-end at the next Warrant Officer selection board, a Show Cause Board on the back end, and potential officer elimination.
The CID investigation opened in January 2023 when agents visited family members at multiple addresses on the East Coast.
Our client retained Bilecki the next day. The defense Notice of Representation went to CID within 24 hours of the family member visits.
Our client had identified the BAH overpayment on his own.
We moved on the corrective record. Our client amended his orders to reflect his spouse's correct address. He requested a DFAS audit. He repaid the entire overpayment.
That should have closed the matter. It did not.
We filed the GOMOR Rebuttal in early April 2024.
The rebuttal led with the corrective record. The amended orders. The DFAS audit request. The full repayment. The overpayment had been identified by our client and resolved on his own initiative before any disciplinary action ran. The career record went up alongside: a Special Operations Communications NCOIC with multiple combat deployments and a documented Joint Special Operations Command assignment.
The GOMOR was filed locally only, not in the AMHRR.
For an Army Warrant Officer 1 with a Special Operations career record at Camp Humphreys with an Eighth Army CG GOMOR framed as fraud, permanent AMHRR filing under consideration, a Show Cause Board on the back end, and the career on the line, that was a different ending than the one the CG's draft language was driving toward.
Military law
Army PFC Fully Acquitted After Being Charged for Stabbing on Dubious Evidence
Apr 05, 2024
OUTCOME: These arguments, coupled with the careful dismantling of the prosecution’s case, led to the PFC being fully acquitted of all charges and specifications.
In a case that drew significant attention, an Army Private First Class based in Yongsan, Korea, was charged with attempted murder and obstruction of justice at a general court martial. The charges orig...inated from a gang-related brawl outside Kings Club in the Itaewon area of Seoul. During this chaotic incident, a Soldier was stabbed multiple times in the chest. Key moments of the brawl were captured on CCTV, showcasing a tumultuous scene with various Soldiers involved, some seen assaulting the alleged victim with bottles.
Korea Court Martial lawyer Tim Bilecki led the defense in this high-stakes trial. The defense strategy hinged on the ambiguity of the CCTV footage, which did not clearly depict the actual stabbing. Bilecki and his team focused on the possibility that the Soldiers caught on camera assaulting the victim with bottles were the real culprits of the stabbing, thus shifting suspicion away from their client.
A critical moment in the trial was the inability of the alleged victim to positively identify the Private First Class as the assailant. This, combined with the absence of key physical evidence such as the alleged weapon and the PFC’s clothes from the night of the incident, significantly weakened the prosecution’s case. Additionally, the presence of “wanted” posters around the base, posted by CID seeking more information even at the time of the trial, was used effectively by the defense to suggest ongoing uncertainty about the perpetrator’s identity.
These arguments, coupled with the careful dismantling of the prosecution’s case, led to the PFC being fully acquitted of all charges and specifications. The verdict not only exonerated the PFC but also highlighted the critical role of diligent defense in ensuring justice within the military legal system.
Military law
E-3 Acquitted of Sexual Assault Involving a Daughter of High-Ranking Officer
Apr 05, 2024
OUTCOME: GCM reduced to Summary Court Martial
### Maximum Sentence:
- DD
- 19 years confinement
- Total forfeiture
- Reduction to E-1
- Federal felony conviction
An Army Private First Class was charged at a general court martial ...with indecent acts and aggravated sexual assault when he and another Soldier were alleged to have had sex with an intoxicated female Soldier.
The alleged victim’s father — a well-connected, high-ranking, retired military officer — attempted to use his position to ensure the client was charged and convicted. Mr. Bilecki, a court martial attorney in Korea, led the defense and believed the alleged victim’s father contacted Senators, Congressmen, Commanding Generals and the Staff Judge Advocate to pressure the command to prefer charges on the client.
Unafraid, at the Article 32 hearing, the defense listed (but was not permitted to call) the involved Senators, Congressmen and high-level Commanding Generals as witnesses to ferret out the unlawful command influence. In addition, the defense attacked the substantial inconsistencies in the alleged victim’s story and showed that this was merely a case of “buyer’s remorse” gone awry after the daughter of a well-heeled family had consensual sex with the not-so-well-to-do Soldier.
The Article 32 Investigating Officer recommended that the sexual assault charges be dismissed, and the client receive Article 15 for indecent acts. Bending to political pressures, the Office of the Staff Judge Advocate scoffed at the recommendation to dismiss the charges and referred all charges to a general court-martial. The defense fought these charges for over seven months while awaiting the trial date.
In this war of attrition, the defense won. The government did not go forward with the aggravated sexual assault charges at a general court martial but instead took the indecent acts charge to a Summary Court Martial. The client received no jail time, was not convicted as a sex offender, and will not have a criminal record
Military law
Intoxicated Airman Punches Female Prosecutor, Assaults Nurse, Serves 30 Days
Apr 05, 2024
OUTCOME: Based on the evidence we put on at trial on the merits and the sentencing case, the panel sentenced our client to a two-grade reduction and 30 days of confinement.
### Maximum Sentence:
- Dishonorable Discharge
- 10 Years and 6 Months Confinement
- Total Forfeiture
- Reduction to E-1
- Federal Felony Conviction
- Loss of Military Retirement
T...his case began with an ITT-sponsored wine-tasting tour around Korea. On the tour, a male Air Force Master Sergeant with 18 years of service, became heavily intoxicated with wine and, on the bus ride home, got into an altercation with two Air Force officers while suffering from an alcohol-induced blackout. The Air Force Master Sergeant eventually punched the JAG Chief of Justice (a female senior prosecutor at Osan, AFB) in the face, assaulted a registered nurse who attempted to break up the fight, and then resisted apprehension when OSI agents arrested him as the bus arrived at Osan, AFB. He subsequently had court martial charges preferred against him at a general court martial and retained Bilecki Law Group.
This was a very difficult case from the onset — in addition to the fact that the victim was female, an officer, the senior JAG prosecutor at the base, there were nearly a dozen witnesses to the altercation. Even against the odds, though, the defense team, led by Korea court martial defense attorney Tim Bilecki, refused to plea the case.
After interviewing all the witnesses and conducting a thorough Article 32 hearing, the defense learned that the senior prosecutor might have actually started the fight and assaulted our client first after losing her temper and yelling at our client. This provided us with not only a self-defense claim but also a divestiture defense against the senior prosecutor, that she had divested herself of her rank because of her actions. To further our case, we brought an expert in pharmacology onto the defense team to testify regarding the effects of alcohol in order to negate the specific intent aspects of the charges.
Tim Bilecki flew to Osan, Korea and tried the case in front of a jury. We utilized self-defense and divestiture defenses and alleged that the OSI agents had used excessive force on our client when arresting him and knocking out his front two teeth. At the end of a week-long trial, our client was found not guilty of resisting arrest and not guilty of assault on a commissioned officer but guilty of the lesser included offenses of assault consummated by battery, drunk and disorderly conduct, and assault on the registered nurse.
During the sentencing portion of the trial, we assembled extensive materials for extenuation and mitigation to save our client’s retirement. The government asked for extensive confinement and a dishonorable discharge. Based on the evidence we put on at trial on the merits and the sentencing case, the panel sentenced our client to a two-grade reduction and 30 days of confinement. No punitive discharge was given, and we were able to save this senior NCO’s retirement, which was calculated to have a value of over one million dollars.
Military law
Male-on-Male Sexual Harassment Case Resolved with GOMOR
Apr 05, 2024
OUTCOME: This strategy worked, and the case was resolved with a General Officer Letter of Reprimand (GOMOR).
A Soldier stationed in Korea was accused of sexually assaulting and harassing another male Soldier in his unit. Given that the case was an alleged male-on-male sexual assault, his Command immediately t...reated the accused as guilty.
After Mr. Bilecki was retained as an Article 120 UCMJ sexual assault attorney, he conducted an in-depth investigation into both the allegations and the alleged victim in this case.
It became immediately apparent that the alleged victim had an extensive motive to fabricate the allegations.—Bilecki’s investigation showed that the alleged victim’s claims were grossly exaggerated.
The defense used evidence from the investigation to convince the prosecution not to charge the Soldier. This strategy worked, and the case was resolved with a General Officer Letter of Reprimand (GOMOR).
Military law
Army Captain Facing a Slew of Driving-Related Charges Averts Court Martial
Apr 05, 2024
OUTCOME: Army Captain Facing a Slew of Driving-Related Charges Averts Court Martial
An Army Special Forces operator stationed at Torii Station, Okinawa faced a slew of misconduct charges dating back to 2009 during an operation in the Philippines.
The misconduct included traveling t...hroughout the Philippines without proper authorization, traveling throughout the Philippines against a direct order not to do so, a DUI in Japan, multiple occasions of driving on both a suspended and revoked license, making a false official statement and failing to stop at an installation access control point gate when ordered to do so and while on a revoked driver’s license.
In order to get the best defense possible, the Captain was retained civilian defense counsel Timothy Bilecki. In this case, Mr. Bilecki first dealt with an onslaught of administrative matters while continuously fighting to keep our client from getting criminally charged.
Mr. Bilecki assisted in preparing documents for the promotion review board, drafted rebuttals to two separate General Officer Memorandum of Reprimand (GOMOR) and assisted in the appeal of officer evaluation reports.
During this one-year time period where Mr. Bilecki represented the client, we were successful in keeping any court martial charges from being preferred. When our client was notified of the inevitable officer show cause board (BOI), Mr. Bilecki traveled to Okinawa to fight the onslaught of allegations against our client and do whatever possible to keep him from being discharged with an Other Than Honorable Discharge.
Mr. Bilecki fully litigated the BOI and were successful in securing our client a General, Under Honorable Conditions discharge.
Military law
Convoluted BAH Rules Lead to Charges for Army SSG in Korea, Bilecki Intervenes
Apr 05, 2024
OUTCOME: This decision effectively removed the imminent threat of a federal conviction and preserved the Staff Sergeant’s military career.
In a challenging case at Daegu, Korea, an Army Staff Sergeant faced allegations of Basic Allowance for Housing (BAH) fraud and making false official statements. The charges were serious, with the poten...tial for a federal conviction. To navigate this complex situation, the Staff Sergeant retained Tim Bilecki, a skilled military legal counsel known for handling intricate cases.
The heart of the case revolved around the intricacies and often confusing nature of the BAH regulations as outlined in the Department of Defense Financial Management Regulation (DoD FMR) and the Joint Travel Regulations (JTR). The defense strategy spearheaded by Bilecki focused on unraveling these complexities and demonstrating the challenges faced by service members in understanding and correctly applying these regulations.
A critical aspect of the defense involved scrutinizing the in-processing procedures in Korea, which were alleged to have provided incorrect or misleading information to the Staff Sergeant about BAH entitlements. Bilecki’s team meticulously examined the process, highlighting the ambiguity and potential misinterpretations that could have led to the alleged fraudulent claims.
As the case progressed, it became increasingly clear that the Staff Sergeant’s actions were possibly the result of misunderstanding or misguidance rather than intentional fraud. The defense emphasized this narrative, arguing that the convoluted nature of the BAH regulations and the flawed in-processing information contributed significantly to the situation.
The defense’s argument resonated as the trial date approached. In a major development, the prosecution decided to withdraw and dismiss all charges against the Staff Sergeant just two days before the trial was scheduled to begin. This decision effectively removed the imminent threat of a federal conviction and preserved the Staff Sergeant’s military career.
The outcome of this case underscored the importance of experienced legal representation in military justice matters, especially in cases involving complex regulations and administrative processes.
Military law
Soldier Accused of Sexually Assaulting Unconscious Victim Gets Acquittal
Apr 05, 2024
OUTCOME: After one week of trial, the panel fully acquitted our client.
An Army Specialist stationed at Camp Case, Korea was accused of breaking into the barracks room of a female Soldier who he had met earlier in the day and sexually assaulting her while she was unconscio...us. This case was difficult, as the alleged victim and her friends all stated that she was drunk and vomiting and later became unconscious. The following day, the Soldier apologized and made admissions about having sex with her. He was subsequently charged with sexual assault at a general court martial.
Understanding the gravity of the charges against him, the Army Specialist retained Korea court martial defense lawyer Tim Bilecki to represent him. Immediately upon being retained, Bilecki reviewed the CID investigation and interviewed the witnesses against our client as well as the eyewitnesses who were out with the alleged victim before she went back to her barracks. The level of the alleged victim’s intoxication was called into question, and we learned that she and our client had been flirting throughout the day. We set the case for a panel trial at arraignment and later filed numerous motions with the court and obtained expert witnesses. Despite the government offering numerous plea deals, we turned them all down and proceeded to trail.
At trial, we put on a case of consent and mistake of fact as to consent. After one week of trial, the panel fully acquitted our client.
Military law
Case Result: Marine Cleared Consensual Encounter
Mar 22, 2024
OUTCOME: As a result of Bilecki’s early intervention, charges were never preferred at a court as it was determined that there was no probable cause for the sexual assault charges.
It is a discernible truth that Marines have been having sexual encounters around the world since they slammed their first beers at Tun Tavern in 1775. So, when a Marine Sergeant in Okinawa went sightse...eing with a local woman and ended up knocking boots back at her place that evening, military history was just living up to its reputation. Yet, regret is a hell of a drug and when the woman second guessed her decisions, she decided to rectify that regret by accusing the Sergeant of sexual assault.
The nature of the regret stemmed from the fact that the sexual activity was rough in nature, which again, may just be how this Marines does it. To each their own, but in every manner the Sergeant believed the encounter was 100% consensual. After the shock set in upon hearing he was under investigation for sexual assault, the Marine quickly retained military court martial defense attorney Tim Bilecki to defend him.
Getting Bilecki into the case early was key as Bilecki immediately and quickly conducted his own investigation. These days, there are almost always text messages involved and the exchanges between the Sergeant and the woman made it clear that the sexual encounter was consensual. You’d like to think that military investigators would have discovered this on their own, but you have to remember that they are on the hunt for guilt and not truth.
As a result of Bilecki’s early intervention, charges were never preferred at a court as it was determined that there was no probable cause for the sexual assault charges. The Marine Sergeant was now back in the fight for this nation’s freedom.
Military law
Case Result: Marines and Sexual Assault
Mar 22, 2024
OUTCOME: Not only were all charges withdrawn, but the Marine was able to reenlist and receive a promotion.
It wouldn’t be an exaggeration to say that Marines and sexual assault allegations account for a good portion of cases as military court martial defense attorneys. From the Halls of Montezuma to the sho...res of Tripoli, Marines are going to get him in trouble with the UCMJ before taps plays tonight. That being said, what we are seeing in the era of the military’s Sexual Harassment/Assault and Prevention (SAPR) campaign is complete nonsense and nothing highlights that more than the case of a Marine at Camp Foster Okinawa.
This Marine was at an Airbnb party hosted by his ex-girlfriend. Now, what did this Marine do when attending a party hosted by your ex? Well, he hooked up with her best friend, of course. The Marine and his ex’s bestie headed to a room and they start to throw down. That’s when another Marine walked and saw the girl on top of the Marine riding him like she’s trying to win a belt buckle at a local rodeo. The Marine gave his buddy a thumbs up and the rodeo continued.
Meanwhile, another Marine walked in and freaked out because of the relationship between the girl and the ex-girlfriend who was hosting. The Marine told the ex and this resulted in a cluster of epic proportions that caused the sex to stop. Remarkably, the party carried on and the drinking resumed. Later that night, the girl who was engaging in the sex acts puked because of drinking too much alcohol.
As the party ended, the girl still wanted a piece of the Marine, but they were too drunk to drive. So they spooned in the back of a car until they were sober enough to drive in the morning. When they woke up, they made their way back to base where the Marines had consensual sex two more times that morning in the barracks. However, during the last session the Marine’s finished inside of her and she insisted he purchase some Plan B, which he did that morning.
Unfortunately, the Marine noticed something burning a week later and he was diagnosed with Chlamydia. The Marine lost his mind and told just about everyone in the barracks that the girl was sleeping around with everyone and that she gave him Chlamydia. Not the classiest move, but then again, Marines watching each other’s backs can be argued here.
Approximately 9 months went by without any fuss, but rumors of the night’s interactions had been swirling. One full year after the events described, our Marine came across the girl in a bar with another Marine. He gave that Marine a solid heads up about what was in his future, but the other Marine chose to fight over the matter. It was only then, one year later, that the girl accused him of sexual assault. Keep in mind that this is one year later after she was caught on top of him at the AirBn, spooned with him in the back of a car, and then sobered up only to have sex two more times the following morning in her barracks room.
Unfortunately in the era of SAPR, facts like those don’t matter to NCIS or commands. They were intent on railroading our Marine. Thankfully, the Marine retained sex assault court martial lawyer Tim Bilecki. The case was headed to court martial because the command was intent on destroying this Marine and the Marine was simultaneously intent on proving his innocence.
Charges were preferred at a general court martial and Bilecki fought for this Marine at every turn and absolutely destroyed the prosecution’s case. We fought the case at the Article 32 preliminary hearing and filed literally 100s of pages of motions in preparation for the trial. We won every single motion we filed and absolutely made the prosecution look ridiculous. With just two weeks left before the trial, the prosecution gave up. We literally were so far ahead after the motions hearing that the government withdrew and dismissed all charges and specifications weeks before the court martial because they realized that we would destroy them at every turn during the trial. Not only were all charges withdrawn, but the Marine was able to reenlist and receive a promotion. As it turns out, he was a damn good Marine after all.
