Bilecki Proves Navy NCO’s Rights to BAH Funds, Fraud Charges Cleared
Jan 08, 2021
OUTCOME: Bilecki had lengthy discussions with both the Naval Criminal Investigative Services (NCIS) and the staff judge, and, as a result, court martial charges were not preferred.
A Navy Chief came under investigation for BAH fraud related to BAH entitlements he was receiving for his spouse and retained civilian defense counsel Tim Bilecki early in the investigation. As we do in... nearly every allegation involving BAH fraud, Bilecki conducted a complete audit of our client’s financial entitlements. In this case, it turned out that the Chief was entitled to the funds he was receiving for his spouse. Bilecki had lengthy discussions with both the Naval Criminal Investigative Services (NCIS) and the staff judge, and, as a result, court martial charges were not preferred.
Military law
Bilecki Attacks Eyewitness Identification in Sex Assault Case, Army SGT Cleared
Jan 01, 2021
OUTCOME: After powerful closing arguments, the verdict came back quickly — not guilty of all charges and specifications.
An Army Sergeant was charged at a general court martial after being accused of sexually assaulting a fellow Soldier’s fiancé at a house party involving significant amounts of alcohol. After being retai...ned and having investigated the matter, Timothy Bilecki, a noted Article 120 UCMJ sexual assault defense attorney, traveled to Fort Bliss, Texas and tried the case.
The defense was based on poor eyewitness identification by the alleged victim, who “identified” our client as the individual who sexually assaulted her. The identification was made while the alleged victim was intoxicated, lying in bed in a dark room and not wearing her prescription glasses or contacts. In this case, there was no corroborating forensic evidence that linked our client to the alleged sexual assault except for the fact that he – along with other Soldiers – was in the house when the incident allegedly occurred.
In addition to attacking the eyewitness identification in court, the defense also exposed a significant motive for the alleged victim to fabricate her allegation against our client. After powerful closing arguments, the verdict came back quickly — not guilty of all charges and specifications.
Military law
Sexual Assault | Case Result
Dec 25, 2020
OUTCOME: Sexual Assault | Case Result
A Navy Sailor was accused and later charged at a general court-martial with two specifications of sexual assault in violation of Article 120, UCMJ. Court martial lawyer Tim Bilecki was retained and rep...resented the Sailor throughout the year-long litigation process. After successfully suppressing our client’s statement to NCIS which contained admissions of guilt, the prosecution team offered a Separation in Lieu of Trial (SILT) which our client accepted.
Military law
Army Captain Faces Sex Assault Amid Divorce, Defense Clears Charges
Nov 27, 2020
OUTCOME: After a week-long trial, the panel returned a verdict of Not Guilty on all charges and specifications.
An Army Captain was falsely accused of sexual assault and domestic violence by his spouse, aiming to gain leverage in their ongoing divorce and custody dispute. Court martial attorney Tim Bilecki was r...etained early in the investigation and represented the Captain throughout the investigation, including the Article 32 preliminary hearing and motions litigation. However, after the motions phase, an unforeseen conflict arose preventing Bilecki from continuing to try the case.
Miami criminal defense attorney Mike Waddington subsequently took over the case as lead counsel. Mr. Waddington traveled to Hawaii to try the case at a fully contested jury trial. After a week-long trial, the panel returned a verdict of Not Guilty on all charges and specifications.
Military law
Army SGT Averts Court Martial for Sexual Assault, Gets GOMOR Instead
Nov 20, 2020
OUTCOME: We continue to fight for our clients, and while avoiding court martial likely saved this service member’s career and freedom, the GOMOR could negatively affect his career as well.
The military’s Sexual Harassment/Assault Prevention Program (SHARP) was created with the noble intent of rooting out sexual assault from military ranks. While we largely applaud this intent, the applic...ation has been anything but just. Allegations are treated as fact and even with the burden of evidence for court martial doesn’t exist, honorable service members are still paying a price for these false allegations.
Just take the case of an Army Sergeant stationed at Camp Humphreys in Korea who retained the services of Bilecki Law Group to fight for the truth. Now, Bilecki is based in Tampa, Florida, but there is a reason that service members fly him in from all over the world to save their careers.
In this case, a young Army Sergeant was out on the town with a fellow Soldier with whom he had a prior relationship. They had spent time together on lunch dates, playing golf together, and socializing in other settings in the past.
In November of 2020, one such setting occurred. That evening started with dinner and drinks where both seemed to be having an amazing time. Those drinks were followed by more drinks at various establishments before ending the evening with a trip to the Osan Enlisted Club. Throughout the night, the alleged victim became increasingly affectionate toward our client. This could have been fueled by her alcohol consumption, but she remained functional and cogent. The affection did not go unnoticed by those around them.
They returned to our client’s room, where they kissed and ultimately engaged in sexual intercourse. The alleged victim later claimed she had said “no” to the sexual activity. Our client vehemently denied this and claimed that the sexual activity was consensual. He went from having what he thought was an amazing night to living through a nightmare. Thankfully, our client reached out to us.
We conducted an extensive investigation and gathered obvious evidence that overwhelmingly supported our client’s account of the events on that cold November night in Korea. We meticulously examined all the evidence, which included text messages and eyewitness statements, and conducted thorough interviews that military investigators wouldn’t bother to pursue.
Our efforts paid off, as the outcome was that no court martial charges were preferred against our client. This was a huge win for the truth, as in the era of SHARP, an allegation is often enough to ruin someone’s life. Unfortunately, in the era of SHARP, commands are often under pressure to show they are taking this issue seriously.
The command insisted on issuing a General Officer Memorandum of Reprimand (GOMOR). A GOMOR is a formal administrative action that can be given to a service member for misconduct or unsatisfactory performance. In the era of SHARP, a GOMOR has become the tool to inflict pain upon a service member when there is simply not enough evidence to proceed with charges.
While a GOMOR could serve a righteous purpose for military discipline, using it as a last-minute punitive measure to service members you can’t charge is an egregious miscarriage of justice. The burden of evidence should not be lowered just because commands didn’t get the court martial they wanted. We continue to fight for our clients, and while avoiding court martial likely saved this service member’s career and freedom, the GOMOR could negatively affect his career as well.
You simply cannot assume the truth will set you free in the era of SHARP. You need experienced counsel who will fight for you to the bitter end. If they give you a GOMOR based on hearsay, you can be sure they will court martial you if you let them. You must fight back, and you must get an experienced team on your side during this fight.
Military law
Wife Records Army SFC in Bed with Second Lieutenant, GOMOR Filed Permanently
Oct 30, 2020
OUTCOME: In response, we drafted rebuttal matters requesting that the GOMOR be filed locally, arguing that the incident was a one-time mistake that would not be repeated.
An Army Sergeant First Class was caught by his wife engaging in an affair with a Second Lieutenant within his chain of command. Literally, his wife walked in on them, her iPhone recording as she discov...ered him and the Second Lieutenant naked together in bed. Both the Sergeant First Class and the Second Lieutenant were understandably upset at being caught and recorded, though arguably not as much as the spouse. The footage, shocking in its clarity, was handed over to the command, prompting an immediate launch of an AR 15-6 investigation into fraternization.
Despite the Second Lieutenant’s higher rank, the NCO had been serving in the Army since she was in middle school. Although she was the officer, the command focused its disciplinary efforts on the NCO due to his marital status, his being nearly 15 years older than the Lieutenant, and his significantly longer tenure in the Army. Recognizing the gravity of the situation and the potential for severe disciplinary action, the Sergeant First Class proactively retained civilian defense counsel, Tim Bilecki.
The AR 15-6 investigation was substantiated, and the command sought to prefer charges at a court-martial. However, Bilecki successfully negotiated to keep the matter as an adverse action instead, leading to the issuance of a General Officer Memorandum of Reprimand (GOMOR). In response, we drafted rebuttal matters requesting that the GOMOR be filed locally, arguing that the incident was a one-time mistake that would not be repeated.
Despite our efforts to mitigate the consequences, the Commanding General decided against leniency, opting to permanently file the GOMOR. The command did not, however, seek to administratively separate the Soldier.
Military law
Three Marine Officers, No Basis: Bilecki Wins Article 120 BOI in Okinawa
Oct 16, 2020
OUTCOME: BOI found no basis. Marine retained on active duty.
The Convening General had already decided this Marine was guilty before the board ever sat. The Notification of Separation Proceedings stated that the CG had "determined by preponderance of the evidenc...e that you committed this offense," cited Article 120 sexual assault on a fellow Marine, and concluded that separation with an Other Than Honorable characterization was warranted. NCIS had run the investigation. A Military Protective Order was in place. Three Marine officers were going to decide whether the Corporal kept his uniform.
This was not a stranger encounter. Our client and the alleged victim were two Marines from the same shop who had become close. Movie nights in each other's rooms. Cuddling on the bed. He had taken her to another Marine's house for the holidays. Other Marines saw them as a couple. He had referred to her as his girlfriend.
In January 2020, she came to his room. They drank wine. They were on the bed together. The Government's case was that what followed was a sexual encounter that had not been consensual. The next day she reported to NCIS.
Our client had a documented mental health diagnosis with active treatment. The relationship was holding him together. When he realized something had gone wrong, he panicked. He sent her long, escalating, apologetic texts trying to figure out what had gone wrong. He sent her roommate the same kind of texts. He could not stop. A few days later he hurt himself.
To outsiders, those texts looked like consciousness of guilt. They were not. They were the product of a Marine with an active mental health diagnosis watching a relationship fall apart in real time.
Our client retained Bilecki after the Notification of Separation Proceedings dropped with the CG's preponderance finding already on it.
The defense was mistake of fact. Mistake of fact is a complete defense to Article 120: if a service member reasonably believed his partner consented, the Government cannot convict, and a BOI cannot find by preponderance that the conduct occurred. He believed she consented because everything she did, said, and signaled in that room was consistent with consent. The texts that came after were not proof he knew otherwise. They were proof of a panic attack about losing the only relationship keeping his mental health stable.
The alleged victim did not testify at the board.
Our client did. He took the stand and walked the three Marine officers through the relationship in his own voice. The holidays at another Marine's house, the girlfriend label, the movie nights, the night in the room. He testified to exactly what the apologetic texts meant. He told the board he had panicked when he realized something had gone wrong with the relationship, and he explained why a man with his medical record sends those texts. The defense exhibit binder carried the contemporaneous medical records, character evidence from across grades, and the comparison authority for the characterization fight.
Tim Bilecki traveled to MCB Camp Foster, Okinawa for the Board of Inquiry.
Three Marine officers found no basis. The Marine was retained on active duty.
A later Article 32 in a separate proceeding involving the same Marine put the result back on the record: "three Marine officers have already found that there was not even a preponderance of evidence to prove those allegations, which is a much lower standard than would be applicable at a court martial."
Military law
Airman’s Night Out Ends in Sex Assault Case, Bilecki Gets Charges Dismissed
Oct 16, 2020
OUTCOME: As a result, the charges eventually withdrawn and dismissed prior to trial.
An Air Force Technical Sergeant was accused of sexual assault after a night of drinking with his peers and a female friend. After drinking, the TSgt and the female had consensual sex, and she later mad...e an allegation of sexual assault. Court martial lawyer Tim Bilecki was retained to put a legal defense team together to investigate the case, including travel to South Korea. The investigation by the Office of Special Investigations (OSI) and the Office of the Staff Judge Advocate (SJA) took nearly a year, and charges were eventually preferred at a general court martial. We aggressively defended the case at the Article 32 hearing, yet the charges were still referred by the government to a general court martial. Undaunted, Bilecki continued fighting for the client and continued to expose how problematic the case was for the government and that it would likely result in an acquittal. The alleged victim later declined to participate in the case, making the case nearly impossible to try for the government. As a result, the charges eventually withdrawn and dismissed prior to trial.
Military law
USCID Denies Request to Remove Subject Titling for Army O-3
Oct 02, 2020
OUTCOME: USCID Denies Request to Remove Subject Titling for Army O-3
An Army Captain was previously under investigation for theft of government funds involving Basic Allowance for Housing (BAH) at his prior duty station. Our office did not represent him in that case, an...d while he was never criminally charged, he was subject titled by CID. Subject titling indicates an individual has been associated with a criminal investigation, potentially impacting their military career despite not implying guilt. This low threshold for titling makes it notably difficult to reverse due to the procedural nature of military justice systems.
Affected by the titling at his follow-on duty assignment at Fort Shafter, Hawaii, the Captain retained Bilecki’s law firm to challenge this status. We drafted and submitted a memorandum to the U.S. Army Criminal Investigation Command (USACID) seeking to remove the subject titling. Despite our efforts and the challenges posed by the low standard for titling, the submission was ultimately denied by USACID, underscoring the difficulty of altering such designations once set.
Military law
Army SSG Faces BAH Fraud, Bilecki Claims Unintentional Error
Oct 02, 2020
OUTCOME: However, Bilecki successfully negotiated a Chapter 10 discharge in lieu of court martial, which involved the withdrawal and dismissal of all charges in exchange for the Staff Sergeant’s separation from the Army.
In October 2020, an Army Staff Sergeant stationed at Schofield Barracks found himself under investigation for alleged BAH fraud. The issue centered around him receiving BAH for the San Francisco area, ...while there were claims that his ex-wife never resided there.
Court martial lawyer for UCMJ Article 121 military fraud and larceny cases, Tim Bilecki, was brought on board to address this complex situation. Bilecki traveled to San Francisco to conduct interviews with the Staff Sergeant’s wife and her family members, uncovering that she was indeed in the San Francisco vicinity but not in the precise location initially claimed. This discrepancy, though minor in terms of distance, led to a substantial differential in BAH entitlements, contrasting the San Francisco metro area with its suburbs.
The defense posited that the Staff Sergeant’s error was unintentional, stemming from an initial plan for his wife to live in the metro area before residing with a family member in a different suburb. While it was evident that the Staff Sergeant received an overpayment of BAH, the intent to defraud remained questionable.
Despite the complexity of the case, court martial charges were preferred at a general court martial. However, Bilecki successfully negotiated a Chapter 10 discharge in lieu of court martial, which involved the withdrawal and dismissal of all charges in exchange for the Staff Sergeant’s separation from the Army.
