Army SSG Ends in CID after Drinking and Sex with Fellow Soldier, Averts SHARP
Oct 02, 2020
OUTCOME: The investigation dragged on for over six months before it was eventually closed out with probable cause.
An Army Staff Sergeant stationed at Schofield Barracks was accused by a fellow Soldier of sexual assault after a night of drinking, where they had sex after drinking. The Staff Sergeant was FLAG’d and ...called into the CID office, where he invoked his rights and requested an attorney. After being released from CID, he retained Hawaii sex assault lawyer Tim Bilecki to represent him. We filed our notice of representation with CID and ensured that our client did not make any statements to law enforcement, preventing the Criminal Investigation Division (CID) from using tactics such as a pretext phone call.
The investigation dragged on for over six months before it was eventually closed out with probable cause. The FLAG was subsequently lifted, and the Soldier moved on with his career, dodging the SHARP bullet.
Military law
NCIS Interrogates Navy NCO for Drug Importation, Case Disposed at NJP
Sep 25, 2020
OUTCOME: Bilecki was able to have the case disposed through a pre-preferral agreement in which the matter was handled at NJP instead of a court martial with the provision that our client would be administratively separated from the military.
A Navy Petty Officer Second Class was investigated by both the Naval Criminal Investigative Service (NCIS) and the Drug Enforcement Administration (DEA) for allegedly importing narcotics onto a militar...y installation, possession of methamphetamine and distributing approximately 910 grams of meth.
UCMJ Article 112a defense lawyer Tim Bilecki was retained after the investigation began, and our law firm put together a team to ensure this case didn’t get out of hand and end up landing our client in prison for an extended sentence.
This investigation took nearly a year, but remarkably, Mr. Bilecki was able to have the case disposed through a pre-preferral agreement in which the matter was handled at NJP instead of a court martial with the provision that our client would be administratively separated from the military.
Military law
AdSep Board Finds No Basis for Alleged Abusive Sexual Contact for Navy NCO
Sep 11, 2020
OUTCOME: Even though we turned down the NJP, charges were never preferred, and the case was sent instead to an administrative separation board.
A Navy Chief Petty Officer hosted a dinner at his home, inviting over a coworker and her boyfriend. The female coworker accused the Chief of slapping her on the butt while cleaning up after dinner. Aft...er being investigated by NCIS for abusive sexual contact, the Chief retained an Article 120 UCMJ sexual assault lawyer Tim Bilecki, who began working on the case.
The NCIS investigation concluded, and the Chief was offered NJP by the command. After reviewing the evidence against him, he turned down the NJP and demanded a trial by court martial. While this is not a tactic we often advise, the evidence in this case was flimsy at best, and we believed that if the case went to a court martial, it would have resulted in a not guilty verdict. Even though we turned down the NJP, charges were never preferred, and the case was sent instead to an administrative separation board. Bilecki represented the Chief at the administrative separation board, and the board found no basis for misconduct and retained the Navy Chief.
Military law
Night Out in Okinawa Juicy Bar Results in GOMOR for Army SSG
Aug 21, 2020
OUTCOME: We drafted rebuttal matters, but the GOMOR was still permanently filed.
An Army Staff Sergeant was drinking off base in the Yoshihara district of Okinawa with another NCO at a “juicy bar” after curfew. The two NCOs were having a great time, joking about finding their futur...e ex-wives, and in the process, they ran up a bill of over $600. When they received the bill, they couldn’t believe how much the beer and juice cost and disputed the bill with the bar owner, who didn’t budge.
The Staff Sergeant apparently gave some cash to his battle buddy, who was supposed to pay for the bill on his credit card. It turns out that the bill wasn’t paid, and the Japanese Police were called. The two Soldiers were arrested by the Japanese police for failure to pay the bill. The NCOs were released by the Japanese Police, paid the bill, and were then turned over to their command.
An AR 15-6 investigation was initiated, and the Staff Sergeant retained civilian defense counsel Tim Bilecki to represent him. We worked with the investigating officer and attempted to show that the Staff Sergeant had given money to his battle buddy to cover his portion of the bill and that his fellow Soldier was supposed to pay it on the credit card. However, the command seemed less interested in that and more concerned that they were out past curfew in a bar that was allegedly known for prostitution. The AR 15-6 investigation was substantiated, and both Soldiers were given a General Officer Memorandum of Reprimand (GOMOR). We drafted rebuttal matters, but the GOMOR was still permanently filed.
Military law
Case Result: Fighting False Allegations Sailor Defense Story
Aug 21, 2020
OUTCOME: Truth be told, it wasn’t even close and as a result our client was found not guilty at the NJP.
Perhaps one of the more distressing realities surrounding the military’s widely abused campaign to root out sexual misconduct is the fact that even civilians have gotten in on the abuse. In this case, ...when a young Sailor rejected the amorous advances of a civilian former girlfriend she knew exactly what to do. She knew that in the era of Sexual Assault Prevention and Response (SAPR) an allegation was as good as gold and enough to destroy a service member’s life. She didn’t hesitate to use it, but thankfully this young Sailor was willing to fight back.
The Sailor in question was stationed at Naval Base Guam where he met a female civilian through a dating app during the summer of 2019. After a brief romantic relationship, as most summer loves do, it all came to an end. Despite the relationship’s end, the two remained in contact with one another while the female would frequently use emotional manipulation and the pretext of emotional distress to meet up with the Sailor.
In August of 2020, she used that same behavior to arrange a meeting with the Sailor where a long walk ensued and ended with a moment of mutual intimacy. It was a hug, kiss, and no further actions on behalf of the Sailor. Over the next 16 months the female was still intent on rekindling the relationship, but the young Sailor had had enough with her erratic behavior. He ended the relationship and cut her off completely.
That’s when she used their last romantic encounter, the 2020 hug and kiss, and filed fresh claims of sexual abuse against the sailor. Our client knew this was complete garbage, but in the era of SAPR his command was gearing up to absolutely destroy his life. That’s when he reached out to military sexual assault lawyer Tim Bilecki and that’s when we jumped into the fight on his behalf.
The accuser’s narrative just didn’t add up and it was riddled with inconsistencies. Moreover, her statements were directly contradicted by a neighbor and her own father. We were able to uncover crucial evidence, including DBIDs reports that proved our client was on base at the time of the alleged assault. We jumped into the accuser’s past and this lady was a piece of work. She had a demonstrable history of manipulative behavior when it comes to men and she even created fake social media accounts in order to try and lure our client back into the relationship. Bottom line, she just wasn’t credible.
Bilecki was able to take the evidence and working closely with the Staff Judge Advocate (SJA) we were able to keep this from escalating into a court martial. Steering it towards the Non-Judicial Punishment (NJP) course of action, that’s where we made our fight and that’s where we made our stand.
We presented a solid and compelling array of rebuttal materials and completely dismantled the allegations against our client. Truth be told, it wasn’t even close and as a result our client was found not guilty at the NJP. Our client was free to resume his life in the Navy. However, here is the moral of the story. Had he not fought back, that same flimsy case would have been enough to destroy him. In the era of SAPR, you simply can’t assume the truth will set you free. You have to fight for that truth to be seen and heard or commands will roll over you just to look tough on the matter of sexual misconduct. Your innocence is not enough to set you free and you’ll need experienced counsel by your side to fight on your behalf.
Military law
Soldier Facing 15 Years in San Francisco BAH Case Gets Administrative Discharge
Jul 10, 2020
OUTCOME: Bilecki was able to leverage this into Chapter 10, in which all charges were withdrawn and dismissed against our client in exchange for administrative separation.
An Army Sergeant had general court martial charges preferred against him for larceny in violation of Article 121, UCMJ, as well as for a false official statement in violation of Article 107 of the UCMJ.... The case involved the Soldier’s claim of BAH payments for San Francisco, California, for his spouse.
According to the investigation by the Army Criminal Investigation Division (CID), his wife never lived or even visited San Francisco, CA. BAH Fraud cases arising out of New York City, San Francisco and Honolulu are quite common, as those are the three areas with the highest BAH rates in the country and the target of law enforcement audits.
Court martial lawyer Timothy Bilecki was retained, and an Article 32 hearing was held. While the case proceeded beyond the Article 32, the government likely understood the difficulties in bringing the case to trial and succeeding. Mr. Bilecki was able to leverage this into Chapter 10, in which all charges were withdrawn and dismissed against our client in exchange for administrative separation. Prior to the Chapter 10 being approved, this Soldier was facing up to 15 years in confinement if convicted.
Military law
Navy NCO Faces Sex Assault, Talks Himself Out to NCIS, Learns Mistake Hard Way
Jul 03, 2020
OUTCOME: We never knew what her motivation was, but the case was eventually closed out without probable cause.
A Navy Chief who was stationed at Pearl Harbor was called into NCIS and advised that he was under investigation for abusive sexual contact from his prior duty station in Yokosuka, Japan. Apparently, th...e Chief went out with another Sailor in the Honch bar area outside the main gate and got a little handsy with his female shipmate. It was completely unclear why the allegation was not made until nearly a year after the alleged incident and after the Chief PCS’d. When he was brought into NCIS, he waived his rights and began talking to them. NCIS immediately treated the good Chief as if he was a pariah and some sexual deviant. The Chief earned his anchors the hard way and now knew the NCIS agents didn’t have his back.
After requesting an attorney and ending the interview, he retained sex assault defense lawyer Tim Bilecki to guide him through the investigation. We filed our notice of representation with NCIS and discussed the case with the JAG. We quickly learned that this was an allegation made a year after the fact without any corroborating evidence. Later in the investigation, the alleged victim refused to cooperate any further in the investigation and signed a declination statement saying she no longer wanted to participate in the case. A few weeks later, apparently, she changed her mind and wanted to cooperate, only to decline again later. We never knew what her motivation was, but the case was eventually closed out without probable cause. and the Chief was able to continue doing great work for the Navy.
It goes without saying that had he continued to discuss the case with NCIS, they may have twisted his words. Even if the case didn’t go to a court martial, it might have been used against him at mast. Fortunately, he knew better, retained civilian defense counsel, and weathered the storm without any damage to his career.
Military law
Night of Drinking Ends in Sex Assault Case for Air Force TSgt, Bilecki Defends
Jun 12, 2020
OUTCOME: Being risk-averse, our client submitted a Chapter 6, Discharge in Lieu of Court Martial request, which was ultimately approved.
An Air Force Technical Sergeant was charged with two specifications of sexual assault in violation of Article 120, UCMJ, after a fellow Airman accused him of sexual assault after a night of drinking wh...ere she claimed she was too intoxicated to consent to sex.
Court martial lawyer for UCMJ Article 120 sexual assault, Tim Bilecki, was retained after charges were preferred and flew to Okinawa, Japan, for the Article 32 hearing. Surprisingly, the alleged victim testified as a government witness at the Article 32, and attorney Bilecki was able to aggressively cross-examine her, expositing significant holes in her story as well as a motive to fabricate.
The Article 32 Preliminary Hearing Officer found No Probable Cause and made a recommendation to the Convening Authority not to go forward with the case. Despite the recommendation, the government referred the charges to a General Court Martial. Being risk-averse, our client submitted a Chapter 6, Discharge in Lieu of Court Martial request, which was ultimately approved.
Military law
Soldier Faces Sex Assault on Stepdaughter Amid Divorce, All Charges Withdrawn
May 29, 2020
OUTCOME: In the process of pre-trial litigation, Bilecki was able to negotiate a Chapter 10, in which all charges and specifications would be withdrawn and dismissed in exchange for administrative separation.
An Army Soldier was falsely accused of sexual assault by his stepdaughter in the midst of a tumultuous divorce proceeding. Military defense attorney for UCMJ Article 120 sexual assault, Tim Bilecki, wa...s retained immediately after our client became aware of the allegations.
Bilecki quickly put a defense team to conduct our own investigation into the case to determine why these allegations came about. The investigation by both the U.S. Army Criminal Investigative Division (CID) and our office was extensive, including several digital forensic examinations conducted by the law firm’s digital forensic investigator.
After the conclusion of the investigation, the most serious charges of sexual assault of a minor were dropped. However, charges for other surrounding offenses were preferred against our client. The government went all in with its charge sheet, which included:
- one specification of failure to report in violation of Article 86, UCMJ;
- two specifications of willfully disobeying a superior commissioned officer in violation of Article 90, UCMJ;
- two specifications of being incapacitated while on duty in violation of Article 112, UCMJ;
- two specifications of communicating a threat in violation of Article 115, UCMJ;
- one specification of assault consummated by battery in violation of Article 128, UCMJ;
- one specification of witness intimidation in violation of Article 128, UCMJ; and finally,
- one specification of drunk and disorderly conduct in violation of Article 134, UCMJ.
The charge sheet was as long as it was comprehensive.
Attorney Bilecki continued to fight the case and prepared to take it to a fully contested jury trial. In the process of pre-trial litigation, Bilecki was able to negotiate a Chapter 10, in which all charges and specifications would be withdrawn and dismissed in exchange for administrative separation.
Military law
Soldiers’ Bringing Alcohol Ruins Family Party, Ends in Charges, Bilecki Defends
Apr 24, 2020
OUTCOME: This investigation resulted in a General Officer Memorandum of Reprimand (GOMOR) for the Specialist on charges of fraternization.
An Army Specialist organized a small surprise party for his wife, intending for it to be a modest gathering. Unexpectedly, the party attracted Soldiers of various ranks, including NCOs and officers who... were not originally invited. As attendees brought their own alcoholic beverages, the party quickly grew, and most guests became intoxicated. The unforeseen escalation led to several Soldiers failing to report for duty on time the following day, prompting an AR 15-6 investigation. This investigation resulted in a General Officer Memorandum of Reprimand (GOMOR) for the Specialist on charges of fraternization.
In response to the GOMOR, the Specialist retained military defense attorney Tim Bilecki. The rebuttal prepared by Bilecki’s law firm emphasized that the Specialist had neither intended nor anticipated the large turnout or the arrival of NCOs and officers. It also pointed out that the chaotic nature of the party was exacerbated by guests bringing their own drinks, leading to a situation that spiraled out of the Specialist’s control.
This nuanced rebuttal played a key role in the decision to locally file the GOMOR, acknowledging the unintentional consequences of the Specialist’s actions and the complexity of the event’s escalation.
