Navy NCO Charged for Sex Assault, Enters Plea, Avoids Sentence and Sex Registry
Feb 08, 2019
OUTCOME: Almost immediately before trial, Bilecki negotiated a plea agreement in which the sexual assault charges were dismissed in exchange for our client pleading guilty to a lesser included offense of assault consummated by battery.
A Navy Petty Officer stationed at Pearl Harbor, Hawaii, was accused of sexual assault by a fellow Sailor whom he was previously friends with. The issue in this case was whether the sex was consensual.
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After the Sailor retained Article 120 UCMJ sexual assault attorney, Tim Bilecki, the case proceeded through the Article 32 Preliminary Hearing, and charges were referred to a general court martial. Almost immediately before trial, Bilecki negotiated a plea agreement in which the sexual assault charges were dismissed in exchange for our client pleading guilty to a lesser included offense of assault consummated by battery.
While the parties were fully prepared to try the case in front of members, this resolution was certainly the risk-off option and ensured that our client would not be convicted of any offense requiring sex offender registration. This plea agreement also guaranteed that the Sailor would not serve any confinement time.
Military law
Bilecki Saves 6 Months of Prison Time for Navy NCO Targeted in Child Sex Sting
Feb 01, 2019
OUTCOME: Bilecki Saves 6 Months of Prison Time for Navy NCO Targeted in Child Sex Sting
A Navy Petty Officer First Class was ensnared in an NCIS “To Catch a Predator” sting operation, where an NCIS agent impersonated a minor online seeking sexual conversations with adults. After interacti...ng with the undercover agent, the Sailor went to the bait house equipped with condoms and was subsequently arrested and confessed to law enforcement.
He faced charges of attempted sexual assault, and the government swiftly proposed a plea agreement that included 24 months of confinement and a punitive discharge. Opting to fight the charges, the Sailor enlisted Tim Bilecki, a recognized court martial lawyer in Hawaii, to defend him before a jury. Bilecki employed an entrapment defense.
Although the jury convicted the Sailor, the sentence imposed was six months less than what he would have faced had he accepted the plea deal. This outcome underscores the potential benefits of contesting charges before a jury, even in the face of strong evidence. Moreover, by going to trial, significant appellate issues were preserved, which would have been forfeited under a plea agreement.
Initially charged with attempted sexual assault, the trial concluded with the Sailor being acquitted of those charges but found guilty of attempting a lewd act. This case exemplifies the complexity of legal defense strategies and the importance of a vigorous defense, especially when faced with serious allegations.
Military law
Bilecki Contests BAH Charges, Claims Misunderstanding, No Charges Preferred
Feb 01, 2019
OUTCOME: Bilecki Contests BAH Charges, Claims Misunderstanding, No Charges Preferred
An Air Force Technical Sergeant faced allegations of Basic Allowance for Housing (BAH) Fraud and was interrogated by the Office of Special Investigations (OSI) regarding these claims. In response to th...e initiation of the investigation, the Technical Sergeant retained court martial attorney Tim Bilecki for defense.
Bilecki’s team undertook a thorough review and audit of the Technical Sergeant’s pay and allowances to address the allegations head-on. Their independent investigation revealed that what was initially flagged as fraud was, in fact, a misunderstanding related to entitlements as outlined in the Joint Federal Travel Regulations (JFTR).
Armed with these findings, Bilecki communicated with the prosecution team and the command, presenting evidence that the alleged fraudulent activities were due to misinterpretation rather than deliberate deception. This clarification played a crucial role in the resolution of the case.
Military law
Bilecki Reduces DFAS Debt by $187K for Air Force E-8 Facing BAH Charges
Jan 25, 2019
OUTCOME: Our office was only retained to remit the debt, and we did not try the case, which went to a general court martial.
In January 2019, an Air Force Senior Master Sergeant at Hickam, Hawaii, faced serious allegations of BAH fraud, with accusations suggesting over $250,000 in fraudulent BAH entitlements. The case’s comp...lexity stemmed from an initial investigation by the Office of Special Investigations (OSI), which presented a grossly inflated figure of alleged fraud.
Understanding the severity of these allegations, the Senior Master Sergeant retained Tim Bilecki, a defense attorney with expertise in military fraud under Article 132 UCMJ. Bilecki’s defense approach was crucial, especially given the OSI’s inaccurate calculation of the debt, which seemingly misrepresented the amount of fraud and larceny without a proper assessment by the Defense Finance and Accounting Service (DFAS).
Bilecki’s team initiated a strategic appeal to DFAS, challenging the OSI’s flawed investigation and its conclusions. This process involved a detailed analysis and presentation of evidence to DFAS, demonstrating that the OSI had not accurately calculated the debt. Importantly, Bilecki highlighted a critical misunderstanding often found in military fraud investigations: law enforcement’s tendency to label the total BAH received as fraudulent without considering the legitimate entitlement based on actual living circumstances.
For example, if a service member claims a spouse is living in a high BAH area like New York City but is in Oklahoma City, law enforcement might inaccurately categorize the entire New York City BAH amount as fraudulent. However, the service member would still be entitled to the BAH for Oklahoma City, which significantly reduces the amount considered fraudulent. Utilizing this approach, Bilecki’s team argued for a recalculation of the alleged debt.
Upon formally appealing to DFAS and presenting a meticulously drafted memorandum that outlined the inaccuracies and requested a debt recalculation, DFAS conducted its review. This process, initiated for the first time after Bilecki’s intervention, led to a significant revision of the debt amount. DFAS granted the appeal in part, resulting in the remission of over $187,000 of the alleged debt, a testament to the effectiveness of Bilecki’s defense strategy and the importance of challenging initial law enforcement assessments in military fraud cases. Our office was only retained to remit the debt, and we did not try the case, which went to a general court martial.
Military law
Bilecki Defends Army E-4 Facing CBD Oil and CLEN Possession and Import Charges
Jan 18, 2019
OUTCOME: After reviewing the affidavit along with the defense matters, our client was found not guilty of violating Article 92 for Possession of Clenbuterol, and the investigation into the CBD oil was unfounded.
An Army Corporal stationed in Korea came under investigation after multiple packages were intercepted at the base postal office and delivered via a “controlled pickup,” in which the Soldier was arreste...d by the CID after taking possession of the packages. The packages in question were from the United States and contained CBD oil and Clenbuterol. After a military drug defense attorney Timothy Bilecki was retained, the defense team obtained an affidavit from our client’s mother, who was the one sending the packages to her son. In the affidavit, she described how she sent the CBD oil in the mail without her son’s knowledge.
After presenting this information to the prosecution, the command agreed not to prefer court martial charges but instead adjudicate the matter at Article 15. The government asserted that while Soldier’s mother was the one who sent him the packages, it was still a violation of Article 92, UCMJ for possessing Clenbuterol and further that possession of Clenbuterol was prohibited under AR 600-85 and defined as Drug Abuse.
Bilecki’s team drafted matters in defense, extenuation, and mitigation, which explained that Clenbuterol is not controlled by the U.S. Government and, therefore not illegal to possess. It is also used for weight loss and not the stimulation or stupefaction of the central nervous system. After reviewing the affidavit along with the defense matters, our client was found not guilty of violating Article 92 for Possession of Clenbuterol, and the investigation into the CBD oil was unfounded.
Military law
Coast Guard Seaman Found Positive for Marijuana, Charges Resolved at NJP
Jan 11, 2019
OUTCOME: Coast Guard Seaman Found Positive for Marijuana, Charges Resolved at NJP
A Coast Guard Seaman stationed at Barbers Point, Hawaii, tested positive for marijuana during a routine urinalysis. Following this, the Coast Guard Investigative Service (CGIS) conducted an interview w...here the Seaman, without invoking his rights, denied using marijuana. His command subsequently informed him of their intention to prefer charges for making a false official statement under Article 107, UCMJ, and wrongful use of a controlled substance under Article 112a, UCMJ.
Upon being faced with the prospect of a Special Court Martial, the Seaman retained court martial defense lawyer Tim Bilecki. Bilecki’s team immediately began a detailed investigation into the circumstances surrounding the positive urinalysis result. This involved scrutinizing the urinalysis process for any procedural errors, examining the Seaman’s potential inadvertent exposure to marijuana, and gathering character statements to support his credibility.
Understanding the importance of early engagement, Bilecki opened lines of communication with the prosecution and the Seaman’s command. Through negotiation, they presented a comprehensive case highlighting the lack of intentional wrongdoing and emphasizing the Seaman’s otherwise exemplary service record.
The defense’s strategy and negotiations aimed to illustrate that the matter could be more appropriately handled through Non-Judicial Punishment (NJP) rather than escalating it to a Special Court Martial. By focusing on rehabilitation and the Seaman’s potential for future contributions to the Coast Guard, Bilecki’s team successfully persuaded the command to adjudicate the case at NJP.
Military law
Sexual Assault | Case Result
Dec 28, 2018
OUTCOME: The matter was resolved with a General Memorandum of Reprimand (GOMOR) for fraternization.
An Army Sergeant First Class was accused of sexual assault in violation of Article 120, UCMJ, as well as fraternization and unlawful entry in the alleged victim’s room. Court martial lawyer Tim Bilecki... was retained to represent and guide the Soldier through the investigation. After investigating the case, Mr. Bilecki held lengthy negotiations with the prosecution team resulting in no court martial charges being preferred. The matter was resolved with a General Memorandum of Reprimand (GOMOR) for fraternization.
Military law
Bilecki Challenges Ambiguous Evidence of Sex Assault, Case Resolved with GOMOR
Dec 28, 2018
OUTCOME: Bilecki Challenges Ambiguous Evidence of Sex Assault, Case Resolved with GOMOR
In December 2018, an Army Sergeant First Class at Camp Zama, Japan, faced grave allegations, including sexual assault, fraternization, and unlawful entry into the quarters of a junior soldier. The inci...dent allegedly unfolded after a social gathering where both individuals had been present. Surveillance footage from the vicinity became a pivotal piece of evidence, capturing the sergeant’s movements but not conclusively linking him to the alleged misconduct.
Tim Bilecki was retained to navigate the complex legal landscape. Bilecki’s approach was multifaceted, beginning with a thorough analysis of the surveillance footage. This examination raised significant questions about the sequence of events as described by the accuser. Bilecki’s team conducted interviews with potential witnesses and scrutinized the evidence for inconsistencies.
The defense strategy hinged on discrediting the allegations of unlawful entry and sexual assault. Bilecki highlighted the ambiguities in the surveillance footage and presented alternative interpretations that challenged the prosecution’s narrative. The fraternization charge, rooted in the sergeant’s interaction with the junior soldier, was meticulously examined, with Bilecki arguing the dynamics did not breach military conduct standards as alleged.
The culmination of Bilecki’s efforts was a series of negotiations with the prosecution. Leveraging the weaknesses in the government’s case, including the inconclusive surveillance footage and the absence of direct evidence linking the sergeant to the alleged assault, Bilecki steered the discussions towards a resolution that would avoid a court martial.
Military law
Barracks Party Leads to Sex Assault Allegations, Bilecki Gets Charges Dismissed
Dec 21, 2018
OUTCOME: Barracks Party Leads to Sex Assault Allegations, Bilecki Gets Charges Dismissed
A Marine Corps Sergeant E-5 was involved in an incident at a barracks party at Marine Corps Base Hawaii, where alcohol consumption was high, and many Marines were intoxicated. During the party, one Mar...ine passed out, and in jest, the Sergeant placed his penis in the passed-out Marine’s hand. This act was photographed, and the photo circulated among the attendees, initially causing laughter among them. However, the humor was not universal, as one Marine reported the incident to the command, labeling it as inappropriate and triggering an investigation.
Charges of sexual assault and fraternization were brought against the Sergeant. In response, the Sergeant retained Tim Bilecki, a recognized military sexual assault attorney based in Hawaii. Bilecki’s team conducted comprehensive interviews with all Marines present at the party. The alleged “victim” affirmed he found the act to be humorous and consented to it, despite being asleep when the photo was taken. This statement was initially challenged by the prosecution on the grounds that a sleeping individual cannot consent.
Undeterred, Bilecki’s team obtained another sworn statement from the “victim,” reiterating his stance that, even though asleep, he did not object to the conduct and found it amusing. This persistent defense strategy led the prosecution to reassess their position.
Military law
Vengeful Complainant Cries Sex Harassment for Accidental Contact, Charge Dropped
Nov 23, 2018
OUTCOME: Vengeful Complainant Cries Sex Harassment for Accidental Contact, Charge Dropped
An Air Force Lieutenant Colonel at Travis Air Force Base faced allegations of sexual harassment. Upon these allegations surfacing, the officer retained Tim Bilecki, specialized in Article 134 UCMJ case...s related to sexual harassment in California, to lead the defense. Bilecki initiated a comprehensive investigation, parallel to the official military inquiry.
During his investigation, Bilecki uncovered that the complainant had a personal vendetta against the Lieutenant Colonel, which served as a motive to fabricate the allegations. This vendetta was rooted in a professional disagreement that escalated, leading the complainant to seek retribution through false accusations. Further inquiry into the alleged incident of physical contact revealed it to be purely accidental, occurring in a crowded setting where such contact was unavoidable and not intentional.
Bilecki presented these findings, emphasizing the context of the supposed contact and the underlying motive for the accusations. His presentation to the investigating authorities challenged the initial perception of the incident. The investigation was concluded with no further action against the Lieutenant Colonel.
