PRO

Timothy James Bilecki's Legal Cases (543)

Call for a consultation Call (813) 669-5859 Message View Profile

Military law

Bilecki Wins Withdrawal of Article 120 GOMOR for Army SGM; Retirement Preserved

Jul 09, 2021

OUTCOME: GOMOR withdrawn in full. No AMHRR filing. No L3 flag. No QMP. Retirement preserved.

A Sergeant Major in Eighth Army with twenty-eight years of service, no prior accusation of any kind, and a career on track for retirement was hit with a GOMOR signed by the Eighth Army Commanding Gener ... al in late June 2021. The GOMOR cited Article 120 abusive sexual contact and was set to be filed permanently in the AMHRR with the L3 Documented Sex Related Offense flag. That kind of filing makes the rest of a senior NCO's career unrecoverable. Our client and the accuser had been part of a New Year's Eve group that went out in the bar district outside post in late 2019. The group included our client, a Command Sergeant Major, the SFC who became the alleged victim, and several other senior NCOs. Drinks. Two clubs. Past midnight, the SFC said she was tired. Our client and the CSM walked her back to a hotel the group had booked as a contingency, then left to get food and walk around. They came back to retrieve her the next morning. She did not report it for over a year. What changed in early 2021 was not her memory. It was her assignment. Her aviation directorate had been double-slotted in a personnel audit. The SFC was the "extra," and command moved her to a different division. She had a pending Assignment Incentive Pay arrangement worth thousands of dollars to stay on the Korean Peninsula. The transfer would have killed it. She told a Sergeant Major that if our client tried to move her, she would report him. She told a Colonel the same thing. The Colonel told her she was being moved either way and that our client had nothing to do with the decision. A week later, she walked into her SARC's office and reported him. The reporting timeline broke the case open. In her first CID interview in February 2021, she said she woke up naked next to our client. She said nothing about a sexual act. CID determined there was no probable cause for sexual assault. The case had nowhere to go. So she went back. After meeting with her SVC and using the command's open-door policy to complain to the chain of command, she returned for a second interview in March 2021 with the Special Victim Prosecutor. This time she "remembered" more. She said our client's erect penis had touched her leg. The required element of sexual gratification suddenly appeared. More than a year after the alleged conduct, after one storyboard revision, the case became actionable. CID's own work undercut her. The CSM who had been with our client the entire night, who had walked the SFC to the hotel and gone with our client to pick her up the next morning, gave CID an exculpatory statement that matched our client's account. CID never put him under oath. They never included his statement in the investigation packet. A separate retired SGM the SFC had specifically named in her own report told CID he saw nothing inappropriate. Our client retained Bilecki the week the Eighth Army CG signed the GOMOR. The defense rebuttal hit all of it. We submitted the GOMOR Rebuttal Matters to the Convening General in July 2021. Tim Bilecki traveled to Camp Humphreys, Korea for the rebuttal audience with the CG. Twenty-eight years of service. No prior accusation. A documented motive to fabricate. A revised story. A buried alibi witness. A second alibi witness the accuser herself had named. The GOMOR was withdrawn in its entirety. For a 28-year Eighth Army Sergeant Major one rebuttal away from a permanent AMHRR filing with the L3 Documented Sex Related Offense flag, a QMP referral, a retention board, and an end-of-career discharge, that was a different ending than the one the Government was driving toward.

Military law

Navy NCO Charged for Engaging a Prostitute, Bilecki States Sailor Was Unaware

Apr 30, 2021

OUTCOME: The administrative separation board, after thorough deliberation, unanimously found no basis for misconduct, resulting in the Petty Officer being retained in the Navy.

A Navy Petty Officer Third Class faced charges under Article 107 (False Official Statement) and Article 134 (Solicitation of a Prostitute) of the UCMJ. Tim Bilecki was retained for defense at the admin ... istrative separation board. The defense argued that the Petty Officer was unaware he was soliciting a prostitute and maintained that his statements to the command and during the investigation were truthful, countering the false official statement charge. The board hearing included testimony from numerous character witnesses and the Petty Officer himself, who testified under oath. The administrative separation board, after thorough deliberation, unanimously found no basis for misconduct, resulting in the Petty Officer being retained in the Navy.

Military law

Bilecki Closes Family Advocacy IDC With Five "Met Criteria" Findings Without UCMJ Charges

Apr 23, 2021

OUTCOME: No UCMJ charges. No NJP. No Page 11. No 6105 counseling. No administrative separation. Marine continued serving.

A Marine Corporal at Kaneohe Bay was looking at a Family Advocacy file with his name on it that included four alleged intimate partner physical abuse incidents, one alleged intimate partner sexual abus ... e incident, and a defense engagement scoped to potential UCMJ charges including domestic violence, aggravated assault, use of an illegal substance, and adultery. The Incident Determination Committee under MCO 1754.11 was about to make findings. The IDC is administrative, not punitive, but the findings drive everything that comes next: Page 11 entries, 6105 counseling, NJP, AdSep, and in serious cases UCMJ charges. Bilecki was retained before charges and before the IDC convened. The defense theory was that the spouse had her own conduct on the line and needed the abuse allegations to land first. The defense had documented her affair in real time on dashcam and phone footage, including footage of her communicating with another man during the same window the abuse allegations covered. The abuse allegations followed her own exposure. The Family Advocacy file became the vehicle. Our client had taken the unusual step of having his spouse sign a written sexual consent form. That is the kind of defensive move you take only when you can already see the allegations coming. The command chose none of those. We submitted a defense package to the command before the IDC convened, putting the dashcam footage, the phone record of the spouse's communications with the other man, the written sexual consent form, and the documented motive in front of the chain of command at the same time the IDC was working the file. The command went into the IDC briefing already knowing what the IDC sheet would not show. When the five "met criteria" findings came back, the command had the full picture next to them and treated the IDC report as the ceiling for any command response, not the floor. For a Marine Corporal at Kaneohe Bay with five "met criteria" Family Advocacy findings on the file (four physical abuse, one sexual abuse) and a defense engagement scoped to potential UCMJ charges including Article 120 sexual assault and Article 128b domestic violence, the cascade from IDC findings to UCMJ charges, NJP, Page 11 entry, 6105 counseling, and administrative separation was the actual exposure. None of it materialized.

Military law

Marines Gets 30-Day Confinement, No Discharge Amid Multiple Drug-Related Charges

Mar 19, 2021

OUTCOME: The client would only plead guilty to the lower-level offenses, and the others were withdrawn and dismissed.

There’s an old saying in the Marine Corps that a Marine on duty has no friends. The only Marine with fewer friends than a Marine on duty is a Marine charged with multiple drug offenses under the UCMJ. ... This particular Marine was accused of being the main distributor and seller of controlled substances that were purchased off-base and subsequently sold on-base. The Marines, who had no qualms about purchasing the substances, quickly took immunity deals and provided evidence against the Corporal. We’re not sure if an award for Blue Falcon of the year made it into their service record, but they sure as hell deserved one. The military justice system seemingly had the Corporal dead to rights, and they were about to destroy his life just to make a public example out of him. He was facing multiple charges under UCMJ: - Article 112a (possession, importation and distribution of a controlled substance), - Article 92 (failure to obey a lawful order), and - Article 90 (assaulting or willfully disobeying a superior officer). That’s when Timothy Bilecki, a court martial defense attorney, went to work and came after the prosecution’s case hard. They were not expecting this type of fight and were completely off-guard for such an aggressive defense. After the Article 32 hearing and litigating the case, Bilecki was able to secure an outcome that the Marine in question never thought possible. The client would only plead guilty to the lower-level offenses, and the others were withdrawn and dismissed. Moreover, the plea agreement moved the case from a general court martial to a special court martial, which meant the Marine would only receive 30 days confinement, and there would be NO punitive discharge.

Military law

Sailor Pleads Guilty In Front of Members, Gets No Confinement, No Discharge

Feb 26, 2021

OUTCOME: Our client will continue serving in the United States Navy.

A Navy Submariner, who was responsible for processing the administrative paperwork for hurricane evacuation payments for Sailors who were required to evacuate for Hurricane Irma, came under investigati ... on for larceny. To receive reimbursement, service members are required to fill out a DD Form 1610 and submit a travel voucher for the associated evacuation expenses. After the forms were filled out, the Sailor was accused of whiting out the banking and routing numbers and filing in his own banking and routing number so that the payments would go directly to him as opposed to the service members. The victims in this case included members of the Chief’s mess, officers and even the Commanding Officer. It did not take long for the service members to realize they did not get paid, and a formal investigation by the Naval Criminal Investigative Service (NCIS) ensued. The NCIS was able to track the bank accounts back to the Sailor and learn that the funds were deposited into a bank account owned by our client and that the funds were withdrawn during a four-day weekend in Miami, Florida. The NCIS then brought the Sailor in to be interrogated, and he provided law enforcement with a full confession. This certainly proved just another example of why it is best to invoke your rights when brought in for questioning by law enforcement. Court martial attorney Tim Bilecki was retained after the Sailor was formally charged with multiple specifications of larceny. The evidence in this case was overwhelming, and the government offered our client a plea agreement that would require a reduction to E-1, confinement and a punitive discharge. The defense team rejected the government’s pretrial agreement and instead did what is known as a “naked plea” in front of members, as opposed to a military judge. While pleading guilty to members without a plea agreement in place was certainly the risk-on strategy, the defense did not have to enter a stipulation of fact and did not have to waive an administrative separation board, and there was no mandated sentence to confinement or mandated punitive discharge. High risk often means high reward – and that is exactly what happened in this case. Tim Bilecki flew to Norfolk, Virginia, and, over two days, picked a jury, put on an extensive case in mitigation and extenuation, and then made a powerful closing argument to the members advocating for a sentence of no confinement and no punitive discharge. The hard work and the calculated risk paid off, as that panel returned a sentence of only a one-grade reduction, restriction and forfeitures. This strategy resulted in no confinement and no punitive discharge. Our client will continue serving in the United States Navy.

Military law

Bilecki Negotiates Full-Benefit Retirement for Army O-6 Amid BAH and Sex Charges

Feb 12, 2021

OUTCOME: Bilecki Negotiates Full-Benefit Retirement for Army O-6 Amid BAH and Sex Charges

An Army Colonel stationed at Ft. Shafter was accused of BAH fraud and abusive sexual contact in February 2021. Court martial defense attorney Tim Bilecki was retained before formal charges were brought ... . A thorough review of the case records by Bilecki’s team revealed the sexual assault allegation to be false and identified no occurrence of BAH fraud. Armed with these findings, Bilecki effectively negotiated with the prosecution, emphasizing the lack of substantiation for the allegations and advocating for the Colonel’s distinguished record. We negotiated an agreement that allowed our client to retire.

Military law

Bilecki Leverages Negotiation Training, Clears Army LTC of Multiple Sex Charges

Feb 05, 2021

OUTCOME: Bilecki Leverages Negotiation Training, Clears Army LTC of Multiple Sex Charges

Retirement-eligible Army Lieutenant Colonel was charged at a general court martial with: - two specifications of wrongful sexual contact, - three specifications of assault, - two specification ... s of obstruction of justice, - one specification of sexual harassment,and - one specification of conduct unbecomingan officer. Court martial attorney Timothy Bilecki was retained while this Officer was still under investigation and prior to charges being preferred. This provided the defense team the ability to conduct an independent investigation prior to the charging decision being made and then utilize those investigative materials at the Article 32 preliminary hearing. Instead of simply waiving the Article 32 hearing like many military defense attorneys do, Bilecki aggressively litigated the probable cause hearing and filed RCM 405(k) matters to shape how the court martial would play out. The aggressive posture at the Article 32 hearing was instrumental in setting up a successful negotiation with the prosecution team while keeping an eye towards trying the case to verdict. The negotiations in this matter were complex, and the defense and government started a world apart. Bilecki’s defense team sought a resolution that allowed the Officer to retire, not receive a felony conviction and not go to prison. The government was seeking a felony conviction, sex offender registration, prison time and dismissal from the Army with no retirement. Mr. Bilecki, who has received formal training in complex negotiations through Babson F.W. Olin School of Business, led the charge in what turned into a several-month-long negotiation between the defense and government. The negotiations were ultimately won by Tim Bilecki, and an agreement was reached in which all sexual assault-related charges were dismissed; our client would not receive a felony conviction and could retire from the Army with all her benefits intact. This case was just another example of why complex legal problems often require not only an experienced attorney but also one who possesses strong negotiation skills and has been formally trained as a negotiator.

Military law

Year of Investigation Plus Year of Litigation Save Marine in Sex Assault Case

Jan 29, 2021

OUTCOME: After nearly a year of investigation, nearly another year of litigation, and a week of trial, the jury returned a verdict of Not Guilty to all charges and specifications in a matter of hours.

A Marine Corps First Lieutenant was charged with sexual assault after sending a photograph to his girlfriend, which showed her laying on the floor, passed out in a hotel room, along with a subsequent s ... eries of text messages in which he stated that the picture he sent of her was taken immediately after he had her while she was drunk and passed out on the hotel room floor. This was a daunting case from the start. Anytime you are dealing with an unforced “self-confession” accompanied by photographic evidence of the scene taken immediately after the event, it is going to be a difficult case. After being charged, the Lieutenant retained Article 120 UCMJ defense attorney Tim Bilecki. Determined to win, Bilecki immediately began assembling a defense team, which included a digital forensic investigator and forensic psychologist. To put context to the confession text messages and the photograph that was sent, it was critical to have an intimate understanding of the nature of the relationship between our client and his accuser. Both the alleged victim’s cell phone as well as our client’s cell phone were obtained through discovery, and through our digital forensic examiner, we were able to review the voluminous text message, photo, and video sharing history between the two parties. After reading over 10,000 pages of messages, it became obvious that the two had a tumultuous relationship which consisted of sexting, jealousy, fighting, sexual image and video exchanges, fantasy chat, role play, more sexting, discussion of break ups, making up, and then back to sexting, etc. It was a nearly year-long vicious cycle of highly sexually charged relationship dysfunction. Putting the specific confession text messages and the picture into context for when and why it was sent was also important. It became clear that this photograph and “confession text” was part of a larger sexual fantasy between the two, and even though the message was sent to her, she did not report it as a sexual assault until months later after our Marine client broke up with her. Clearly, there was a motive to fabricate and use the text messages and photo against her boyfriend as revenge for him breaking up with her. After forming the general theory of the case, our next step was to establish that the actions depicted in the text messages – a forceful, violent sexual assault – could not have occurred without the alleged victim waking up or coming to. To establish this, we utilized the services of a forensic psychologist who specialized in the effects of alcohol on the body. Given the amount of alcohol consumed by the alleged victim, as well as her actions the following morning and day, it was highly improbable she would have remained asleep or passed out through a violent sexual assault. This evidence, combined with her motive to fabricate, was presented to the jury in a week-long trial. After nearly a year of investigation, nearly another year of litigation, and a week of trial, the jury returned a verdict of Not Guilty to all charges and specifications in a matter of hours.

Military law

Bilecki's Digital Forensic Examination Clears Navy NCO in Child Porn Case

Jan 22, 2021

OUTCOME: Charges withdrawn and dismissed a week before Article 32.

The Naval Criminal Investigative Service (NCIS) began an investigation into a Chief Petty Officer stationed in Hawaii after remnants of child pornography were found on his personal computer. Court mar ... tial defense attorney Tim Bilecki was retained and immediately began working with our digital forensic examiner, William Oettinger. Mr. Oettinger spoke with a Defense Computer Forensics Lab's (DCFL) examiner and learned that remnants from a Twitter post had been cashed on our client's computer. Mr. Oettinger was able to forensically test and show that thumbnail images could be cached onto a computer by simply scrolling down a Twitter feed without a user ever knowing it. Our results were also replicated by the DCFL, and Mr. Bilecki used these findings to have a lengthy discussion with the prosecution team, who went through and dismissed the charges after preferral, but before the Article 32 hearing. This case proved to be a prime example of why it is important to hire a defense team with computer forensic resources and hire them early. Without the work of our digital forensic examiner and knowing how to utilize those findings early, this case could have taken a dramatically different turn. Fortunately, the prosecution team here was very reasonable and agreed with the offense that the Chief Petty Officer never intended to possess and perhaps never even viewed any illegal images.

Military law

Unlawful Video Recording | Case Result

Jan 22, 2021

OUTCOME: After reviewing the sentencing evidence and hearing arguments by both the government and the defense, the military judge sentenced our client to exactly what was requested by the defense.

An Army Staff Sergeant was charged with multiple charges and specifications of unlawfully video recording fellow Soldiers using the bathroom in latrines while deployed to Iraq and in Garrison at Fort H ... ood. The Sergeant was placed in pre-trial confinement pending a general court martial in which the government was seeking a pre-trial agreement that would require him to spend multiple years in prison. After being retained, a military defense attorney, Tim Bilecki, flew to Fort Hood, Texas, to interview witnesses, discuss the case prosecutors and conduct the Article 32 hearing. During that trip, Mr. Bilecki was able to negotiate a plea agreement that would conditionally waive Article 32 (meaning that should the proposed plea agreement not be approved, the defense would still have the right to conduct the Article 32 preliminary hearing) and would greatly limit our client’s confinement exposure. That trip was incredibly successful, and the negotiated plea deal was accepted. A sentencing hearing was set, and Mr. Bilecki traveled back to Fort Hood, Texas, and put on an extensive extenuation and mitigation case in front of the military judge, asking for a sentence of time served plus 30 days. After reviewing the sentencing evidence and hearing arguments by both the government and the defense, the military judge sentenced our client to exactly what was requested by the defense. This allowed our client to get out of prison, go home and start working again for his prior civilian employer in less than a month.