OUTCOME: Ultimately, no charges were preferred against our client and he was removed off the IFSTE list and allowed to PCS to his new duty assignment and continue serving in the Army.
An Army Specialist was falsely accused of sexual assault by another Army Solider at Camp Humphreys, Korea. After being informed that he was under criminal investigation, defense attorney Tim Bilecki wa...s retained. Mr. Bilecki flew to Korea to investigate the case, interview witnesses and get eyes on the scene of the alleged crime. After conducting this investigation, our office worked with the prosecution team and provided evidence supporting our client’s innocence. Ultimately, no charges were preferred against our client and he was removed off the IFSTE list and allowed to PCS to his new duty assignment and continue serving in the Army.
Military law
Bilecki Compiles Evidence, Exonerates Army SGT from BAH Fraud Allegations
Apr 19, 2019
OUTCOME: Bilecki Compiles Evidence, Exonerates Army SGT from BAH Fraud Allegations
An Army Sergeant became the target of a Criminal Investigative Division (CID) Investigation for BAH fraud after claiming his wife and child resided outside of San Francisco, California. Army CID believ...ed that his spouse and child did not live in the area claimed but rather in a different city in California with a substantially lower BAH.
After attorney Tim Bilecki was retained, he flew to California with our defense investigator to interview our client’s spouse as well as the family members she was living with. We learned that she was, in fact, living outside of San Francisco with a family member who owned a townhouse there.
Our office obtained sworn affidavits from the spouse and family members who owned the residence. These affidavits were later provided to the CID in Korea, who shortly thereafter dropped the charges against our client.
Military law
Sexual Assault , Rape by Force
Mar 29, 2019
OUTCOME: After a week-long trial, the jury found our client NOT GUILTY of all charges and specifications.
A Navy Sailor wrongfully accused of sexual assault and rape by force in violation of Article 120, UCMJ. After attorney Tim Bilecki’s firm was retained, we flew to Japan and tried the case in front of a...n enlisted panel. After a week-long trial, the jury found our client NOT GUILTY of all charges and specifications.
Military law
Army SSG Cleared of Sexual Assault, Sentence for False Statement Suspended
Mar 15, 2019
OUTCOME: As a result of their efforts, the command found the Staff Sergeant not guilty of the Article 120 (sexual assault) charge.
An Army Staff Sergeant at Fort Jackson faced allegations of sexual assault in March 2019. In response to these serious charges, he retained a recognized Article 120 UCMJ sexual assault attorney, Tim Bi...lecki, for defense.
Bilecki undertook a comprehensive investigation, which was instrumental in preventing the escalation of the case to a general court martial. Instead, the case was addressed through an Article 15 proceeding, a form of Non-Judicial Punishment (NJP).
At the Article 15 hearing, Bilecki’s team submitted extensive rebuttal materials, vigorously defending the Staff Sergeant. As a result of their efforts, the command found the Staff Sergeant not guilty of the Article 120 (sexual assault) charge. However, he was found guilty of Article 107 (making a false official statement), but notably, his sentence for this charge was suspended.
The outcome represented a significant shift from potentially facing a general court martial for both Article 120 and Article 107 offenses to receiving a suspended sentence for the Article 107 violation at NJP. This resolution was a substantial victory in the context of the initial allegations.
Military law
Army Sergeant Charged for Sending Nudes to Subordinate, Bilecki Averts Charges
Mar 08, 2019
OUTCOME: Army Sergeant Charged for Sending Nudes to Subordinate, Bilecki Averts Charges
An Army Sergeant stationed at JBPHH was investigated after he sent nude images and sexually charged text messages to a female subordinate. A criminal investigation ensued, and the Sergeant learned that... he was suspected of a violation of Article 93, abuse and maltreatment of a subordinate, Article 134, indecent language, and Article 120c, indecent exposure. The command intended to prefer court martial charges against him.
Attorney Tim Bilecki was retained with the goal of keeping the case out of a court martial. After speaking with the prosecution team and putting forward the defense that the images and messages were sent to the wrong recipient, a decision was made to adjudicate the matter at an Article 15, as opposed to a court martial.
Our office provided matters in defense, extenuation, and mitigation that the Soldier sent the text to the wrong recipient, and while the Soldier was found guilty at Article 15, our strategy kept the case from going to a criminal court martial where our client risked a conviction, possible sex offender registration and confinement.
Military law
Bilecki Exonerates Navy O-3 Charged with Harassment and Conduct Unbecoming
Mar 08, 2019
OUTCOME: This was a significant finding because, as an officer, a finding of guilty for sexual harassment would almost certainly lead to a Board of Inquiry where the officer would need to show cause for retention.
This Naval Officer was previously given Non-Judicial Punishment for 3 specifications of Article 92 (Sexual Harassment) and Article 133 (Conduct Unbecoming an Officer). He initially utilized the service...s of the free military defense lawyer and was found guilty of all charges and specifications at NJP. This was a significant finding because, as an officer, a finding of guilty for sexual harassment would almost certainly lead to a Board of Inquiry where the officer would need to show cause for retention. After being dissatisfied with the defense services provided by the Navy, the Officer retained a noted court martial defense attorney in Hawaii, Timothy Bilecki.
For this case, Bilecki immediately put a team together to fully investigate the case and determine the real reason why subordinate women on the ship were making accusations against our client. The reality was that our client was an incredibly squared-away officer who held subordinates accountable.
After our client uncovered obvious instances of gun decking, his character was attacked so that an investigation into the subordinate Sailors would not take place. Unfortunately, the command immediately “believed the victims” and removed our client from the ship.
This case was a real fight against a Navy culture that wanted to believe victims at all costs, despite the obvious motives to fabricate and the gaping holes in their stories. The case finally went before a Board of Inquiry and a panel of three officers heard the case. After a two-day hearing, our client was vindicated with a finding of no basis for misconduct.
Military law
SSG Slaps Soldier on Ruck March into Action, Faces Sex Assault, Bilecki Defends
Mar 08, 2019
OUTCOME: We continued to fight this injustice at Article 15, and ultimately, our client was found not guilty of any of the bogus sexual assault allegations.
In a case that truly exemplifies how far the Army has gone in its war against sexual assault, an outstanding Army Staff Sergeant was accused of abusive sexual contact after chewed out a junior enlisted... Soldier for falling out on a ruck march. This Soldier had continuous disciplinary problems, a bad attitude and was not putting forth much effort in Physical Training (PT). After an old-school counseling session during PT, the Staff Sergeant slapped the Soldier’s butt and told him to get back to the ruck march and put in some effort. With his feelings hurt, the Soldier made a patently false allegation of abuse of sexual contact for the butt slap.
It is almost mind-boggling how the slap on the butt during a ruck march to motivate a Soldier could possibly have some sexual intent. But that didn’t stop the Army CID, nor did it stop the JAG prosecution team. That one incident caused the Staff Sergeant to be FLAG’d and placed under a full criminal investigation for Article 120, UCMJ.
Military sexual assault defense attorney Tim Bilecki was quickly retained and investigated the case. It became obvious that this was not only a false accusation made by a disgruntled Soldier but also there was not an iota of sexual intent in our client’s actions. Yet because this was a SHARP Case, even after the full investigation, the command felt they needed to take “some action.” The case was taken to Article 15and the command expected our client to just roll over and take it. We continued to fight this injustice at Article 15, and ultimately, our client was found not guilty of any of the bogus sexual assault allegations.
This is certainly not the first or the only case where we have seen completely bogus allegations of sexual assault even taken to court or result in some other form of adverse administrative action. This could have potentially been career-ending for an otherwise outstanding NCO. You must take any obligation of SHARP, no matter how ridiculous it may seem, seriously.
Military law
Child Pornography Allegations Dropped for Army E-5
Mar 01, 2019
OUTCOME: Consistent with our investigation and our understanding that the allegation was fabricated, CID found no incriminating evidence on the digital media, and the charges were ultimately dropped.
After an Army Soldier’s significant other saw, him on a dating site, he became upset and made a complaint to the US Army Criminal Investigative Division (CID) that he saw his significant other viewing ...images of minors. Army CID immediately opened an investigation, and the Soldier immediately retained a court martial attorney in Hawaii, Timothy Bilecki.
Bilecki Law Group immediately interviewed both parties and quickly realized that the Soldier’s significant other was simply upset because of alleged infidelity on a dating site. Nonetheless, CID used our client’s digital media and attempted to locate images of minors on the digital media.
Consistent with our investigation and our understanding that the allegation was fabricated, CID found no incriminating evidence on the digital media, and the charges were ultimately dropped.
Military law
Bilecki Exposes False Sexual Assault Allegations, Navy NCO Fully Acquitted
Mar 01, 2019
OUTCOME: The Petty Officer Second Class was found not guilty of all charges and specifications, clearing him of the accusations and allowing him to continue his naval career without the shadow of these serious allegations.
The case unfolded in Yokosuka, Japan, when a Navy Petty Officer Second Class was accused of sexual assault following an encounter with a local bar girl from the Honch area near the base. After meeting ...the woman, the Petty Officer brought her back to his room, where the two had sexual intercourse. Subsequently, the woman claimed she had been sexually assaulted, seeking financial compensation from the military for her allegations.
As the allegations escalated, charges were officially preferred to a general court martial. Recognizing the gravity of the situation, the Petty Officer enlisted the defense services of Tim Bilecki, a Yokosuka court martial defense attorney. Bilecki and his team investigated the case and then traveled to Yokosuka to represent the Sailor in a general court martial jury trial.
A critical moment in the trial came during Bilecki’s cross-examination of the alleged victim. Bilecki meticulously questioned her about the events of that night, focusing on the issue of consent and probing into the possibility that the Sailor was targeted with a false sexual assault allegation intended to leverage financial benefits from the military. This line of questioning was pivotal in unraveling the prosecution’s case. The jury, after considering the evidence and the arguments presented during the trial, delivered a verdict of full acquittal. The Petty Officer Second Class was found not guilty of all charges and specifications, clearing him of the accusations and allowing him to continue his naval career without the shadow of these serious allegations.
Military law
Army CW2 Accused for Raping Wife and Lewd Act Retires with Full Benefits
Mar 01, 2019
OUTCOME: Despite the strength and clarity of their defense, the GOMOR was, astonishingly, filed permanently.
In a complex case in March 2019, a Chief Warrant Officer (CW2) at Osan found himself accused of serious offenses, initially threatened with false allegations of rape by his now ex-wife. Recognizing the... gravity of the situation, the CW2 retained an Article 120 UCMJ sexual assault defense attorney, Tim Bilecki, immediately. Demonstrating a proactive approach, Bilecki conducted an on-the-ground investigation in Korea within a week of being retained. This timely and direct action was crucial in assembling a robust defense.
In Korea, Bilecki engaged in comprehensive interviews with potential witnesses and scrutinized all available evidence, piecing together the events surrounding the allegations. Bilecki’s thorough investigation brought to light critical inconsistencies in the ex-wife’s story, leading to her eventual recantation of the false claims. The investigation was then closed out, and no charges were preferred.
However, the case took a dramatic and unjust turn. In a move that appeared retaliatory, the government issued a GOMOR against the CW2 for supposedly committing a lewd act — engaging in sexual activity with his wife while their infant was asleep in the same room. This new charge, which the defense team vehemently argued was not only baseless but also absurd and not a criminal act, was a clear misuse of military justice. Bilecki’s team, outraged by this blatant mischaracterization, crafted a fiercely detailed rebuttal. They not only challenged the ludicrous nature of the GOMOR but also exposed the apparent vindictiveness behind its issuance. Despite the strength and clarity of their defense, the GOMOR was, astonishingly, filed permanently.
Undaunted, the legal fight continued at the Board for Correction of Military Records (BCMR). Here, the team presented an unassailable argument against the unjust GOMOR, highlighting the investigation’s findings and the absurdity of the charges. The BCMR removed the GOMOR as unjust, and our client was able to retire with full benefits and a clear record.
This case exemplifies the critical importance of aggressive legal advocacy and the power of a determined defense against unjust and retaliatory actions in the military justice system. The CW2’s eventual retirement with full benefits marked a significant victory against a backdrop of seemingly insurmountable odds.
