Bilecki Keeps Allegations of Domestic Violence Out of Court Martial
Mar 01, 2019
OUTCOME: Bilecki Keeps Allegations of Domestic Violence Out of Court Martial
In March 2019, an Army Specialist stationed at Yongsan, Korea, found himself under investigation for domestic violence. To address these allegations, the Specialist retained a Korea military defense at...torney, Tim Bilecki.
Bilecki and his team conducted an in-depth investigation into the domestic violence claims. Their proactive and detailed approach played a crucial role in managing the case outside of the court martial process.
By presenting findings and negotiating with the military justice system, they were able to prevent the escalation of the case to a court martial, opting instead for resolution through a non-judicial process.
Military law
Army First Lieutenant Faces BAH Charges, Bilecki Claims Negligence Not Fraud
Feb 22, 2019
OUTCOME: The Officer was issued a Letter of Reprimand, but no court martial charges were preferred.
An Army Officer at Schofield Barracks became the subject of a CID financial fraud investigation concerning discrepancies in BAH entitlements. The investigation focused on allegations that the Officer h...ad claimed a higher cost of living area for his spouse than where she was residing. After the commencement of the investigation, the Officer retained Tim Bilecki, a Hawaii court martial lawyer.
Bilecki’s defense strategy involved a thorough review of the circumstances surrounding the BAH claims. The defense was able to demonstrate that while the Officer’s spouse initially resided in the claimed higher cost living area, she subsequently moved to a new location, leading to the discrepancy. This key evidence suggested that the issue stemmed from a misunderstanding rather than criminal intent.
The defense argued that the situation was one of simple negligence resulting in an overpayment rather than deliberate fraud. Through negotiations, they arranged for the Officer to repay the correct amount overpaid by DFAS, thereby ensuring the U.S. government was made whole. This resolution highlighted the lack of criminal intent and mitigated the need for further disciplinary action. The Officer was issued a Letter of Reprimand, but no court martial charges were preferred.
Military law
Sailor Charged for False Statement and Fraud Reduced One Rank
Feb 22, 2019
OUTCOME: This clearly had an impact as our client was found not guilty of fraud and only guilty of false official statements.
Attorney Tim Bilecki was retained after Sailor was notified that he was under investigation for violations of Article 107 UCMJ, False Official Statement, and Article 124, UCMJ Frauds Against the United... States. After being retained, our office conducted an independent investigation and guided the Sailor through the investigation regarding BAH Fraud. After conducting the investigation, Bilecki Law Group discussed the matter with the prosecution team, and we were able to have the matter adjudicated at non-judicial punishment as opposed to a court martial.
Matters in defense, extenuation, and mitigation were drafted proving how the command was responsible for putting junior Sailors in the situation that they were being accused of. This clearly had an impact as our client was found not guilty of fraud and only guilty of false official statements.
Military law
Sexual Assault , Drug Use | Case Result
Feb 22, 2019
OUTCOME: All charges were dismissed in exchange for separation from the Army.
An Army Sergeant was under investigation for allegedly sexually assaulting another service member as well as wrongful use of a controlled substance. After being notified of the investigation, the Soldi...er retained attorney Tim Bilecki to represent him during the law enforcement investigation. Our firm conducted an independent investigation including witness interviews while guiding our client through the investigation. Ultimately, the Sergeant was charged with violating Article 80 (attempted adultery), Article 92 (fraternization), Article 112a (wrongful use of a Schedule II controlled substance), and Article 120 (abusive sexual contact) of the UCMJ.
Unsurprisingly, our team conducted a more thorough investigation than Army CID. We obtained significant evidence of the alleged victim’s motive to fabricate. In this case, the defense against the sexual assault charges was so much stronger than the drug and fraternization charges. This provided us leverage. In order to mitigate any risk of our client becoming a registered sex offender, Mr. Bilecki was able to negotiate a Chapter 10. All charges were dismissed in exchange for separation from the Army.
Military law
Attempted Sexual Assault on a Child , Attempted Lewd Act on a Child
Feb 22, 2019
OUTCOME: Our client was acquitted of the attempted sexual assault charges, but convicted of the attempted lewd act charges.
A Navy Petty Officer was caught up in a NCIS “To Catch a Predator” sting operation in which NCIS agents placed an online ad pretending to be a minor looking for sex with a service member. After answeri...ng the ad, chatting with the undercover agent, and then showing up at the bait house with condoms, the Sailor was arrested. He subsequently made incriminating statements to the NCIS agent during an interrogation. Court martial lawyer Tim Bilecki was retained and took the case to a fully contested trial using the defense of entrapment. Our client was acquitted of the attempted sexual assault charges, but convicted of the attempted lewd act charges.
Military law
Navy NCO Goes AWOL After Argument with Division Officer, Bilecki Clears Charges
Feb 15, 2019
OUTCOME: The investigation concluded administratively, resulting in no adverse administrative action against the Chief Petty Officer.
A Navy Chief Petty Officer faced allegations of AWOL and insubordination stemming from an incident where he left his ship due to a conflict with the division officer. The disagreement was rooted in the... Chief’s concerns over “gun decking” practices among Sailors, which he believed compromised integrity and accountability within the unit. Attempting to address these issues, the Chief was met with what he perceived as indifference from the division officer, leading to a heated argument. Seeking to avoid further conflict, the Chief chose to leave the ship and go home.
Subsequently, the Chief became the subject of a command investigation into his actions. Recognizing the seriousness of the allegations, he retained Guam military defense attorney Tim Bilecki to represent him. Bilecki and the Chief cooperated with the investigation, providing evidence about the gun decking practices and the events that led to the Chief’s departure. Their cooperation aimed to highlight the underlying issues within the unit that contributed to the incident. The investigation concluded administratively, resulting in no adverse administrative action against the Chief Petty Officer. This resolution acknowledged the complexities of the situation, including the Chief’s initial intent to address misconduct within his unit.
Military law
Army SGT’s Drinking, Drug Use and Sex with Junior Soldier End Up with SILT
Feb 15, 2019
OUTCOME: Considering the Sergeant’s preference to leave the Army and the evidence available, including urinalysis results and his admissions, Bilecki secured a Chapter 10 discharge as an alternative to court-martial.
An Army Sergeant stationed at Camp Humphreys faced charges under the UCMJ for abusive sexual contact, fraternization, and wrongful use of a Schedule II controlled substance at a general court martial. ...These charges originated from an incident with a junior Soldier, with whom the Sergeant had engaged in a sexual relationship. Their social activities, often occurring in the “Ville” area outside Camp Humphreys, included drinking and drug use.
On one occasion, after consuming alcohol and a Schedule II controlled substance, the Sergeant and the junior Soldier were discovered by a courtesy patrol, visibly intoxicated. The subsequent questioning revealed the Sergeant’s engagement in multiple UCMJ violations, encompassing intoxicated behavior, inappropriate fraternization, and drug use.
The situation intensified when the junior Soldier, also detained, accused the Sergeant of groping, following his own confessions of adultery, fraternization, and drug use. These developments prompted a thorough military investigation.
In response to the military’s decision to pursue a general court-martial based on these allegations, Tim Bilecki was hired for the defense. Considering the Sergeant’s preference to leave the Army and the evidence available, including urinalysis results and his admissions, Bilecki secured a Chapter 10 discharge as an alternative to court-martial.
Bilecki engaged in negotiations with the prosecution, emphasizing the Sergeant’s readiness to exit the Army and advocating for a resolution that would circumvent the severity of a court-martial. Leveraging the case’s specifics, notably the Sergeant’s acknowledgments and the insubstantial evidence regarding the sexual assault allegation, Bilecki successfully argued for a Chapter 10 discharge.
This discharge, formally known as Separation in Lieu of Court Martial, was tactically negotiated to facilitate the dismissal of all charges against the Sergeant. Through Bilecki’s negotiations, he underscored the advantage of resolving the issue without the complexities of a court-martial, convincing the prosecution and command to consent to the Chapter 10 discharge.
Military law
BAH Fraud , False Official Statement | Case Result
Feb 15, 2019
OUTCOME: The Sailor was found Not Guilty of Article 124, but was found Guilty of Article 107.
After a Navy Sailor became the target of an NCIS fraud investigation regarding her pay and allowances, the service member retained attorney Tim Bilecki’s law firm to represent her. Our office worked wi...th the prosecution team and was able to have the charges adjudicated at Non-Judicial Punishment as opposed to a court martial.
At NJP, our client was charged with a violation of Article 107 (false official statement), and Article 124 (frauds against the United States). We continued to defend the case and submitted matters in defense, extenuation, and mitigation. The Sailor was found Not Guilty of Article 124, but was found Guilty of Article 107. She was awarded a reduction in rate.
Military law
Army SSG Gets into Fight with Marine, Retained at AdSep
Feb 08, 2019
OUTCOME: Charges were never preferred against our client and he was taken directly to administrative separation.
An Army Staff Sergeant was arrested after getting into a fight with a Marine outside of a bar in the American Village section of Okinawa, Japan. The fight occurred after the designated curfew. After fl...eeing the scene and later being found by a Marine MP, our client invoked his rights and retained attorney Tim Bilecki.
The Soldier was initially offered an Article 15, but neither our office nor the client had faith that his command would give him a fair shake at the Article 15. The Staff Sergeant turned down Article 15 and demanded a trial by court martial. The strategy would be to assert self-defense. Charges were never preferred against our client and he was taken directly to administrative separation. Since our client had more than six years of active duty service and because the command was seeking a discharge with an other than honorable discharge, he was entitled to an Administrative Separation Board.
Mr. Bilecki traveled to Okinawa, Japan and our firm won the board. This Staff Sergeant was able to remain in the Army and continue serving.
Military law
Bilecki Advocates for NJP in BAH Fraud Case, No Charges Preferred
Feb 08, 2019
OUTCOME: The NJP proceedings resulted in the Sailor being found not guilty of Article 124 but guilty of Article 107, leading to a one-grade reduction in rank.
A Navy Seaman Apprentice became the focus of an NCIS investigation concerning discrepancies in pay and allowances, specifically related to Basic Allowance for Housing (BAH) entitlements. The investigat...ion initially threatened to lead to a court martial. Recognizing the severity of the situation, the Sailor retained BAH Fraud lawyer Tim Bilecki for his defense.
Bilecki engaged with the prosecution team, advocating for the resolution of charges through Non-Judicial Punishment (NJP) rather than escalation to a court martial. At the NJP, the Sailor faced charges under Article 107 for a false official statement and Article 124 for fraud against the United States, centered around the reported location of the Sailor’s spouse and corresponding BAH entitlements.
Through diligent defense efforts, including the submission of matters in defense, extenuation, and mitigation, Bilecki was able to articulate the complexities of the case. The NJP proceedings resulted in the Sailor being found not guilty of Article 124 but guilty of Article 107, leading to a one-grade reduction in rank.
