Attorney Timothy James Bilecki's Legal Cases

Military law

Unhappy Tinder Date Claims Sex Assault, Bilecki Exonerates Air Force SGT

Feb 21, 2020

OUTCOME: Ultimately, the Convening Authority followed the recommendation of the PHO, and all charges were withdrawn and dismissed.

An Air Force Staff Sergeant met the complaining witness on the Tinder dating application while he was attending an Air Force paramedic course in Tucson, Arizona. At the time, the Staff Sergeant was TDY ... to Davis-Monthan Air Force Base (DMAFB), Arizona. The Staff Sergeant and the alleged victim then connected via Facetime just to see one another and talk. Among other things, they discussed rough sex and “trying new things.” The following day, the two went back to the alleged victim’s residence, where they had consensual rough sex. The Staff Sergeant left the following morning without incident. The next day, the Staff Sergeant joined his classmates out in Tucson at a local bar and everyone Ubered home after drinking. That same evening, the alleged victim attended a party with some of her friends where she claimed to law enforcement to have consumed approximately one shot of “cherry vodka” and “a couple of sips of beer” before calling an Uber to meet up with the Staff Sergeant for a second consecutive night. According to the alleged victim, she met up with the Staff Sergeant; this time, they went back to his room on DMAFB. The alleged victim told investigators that she met with the Staff Sergeant that night with the intent to “hookup.” Three days later, the alleged victim made an allegation to local law enforcement that she was sexually assaulted by the Air Force Staff Sergeant. The incident was referred to the Air Force Office of Special Investigations (AFOSI). This is yet another classic example of a completely consensual sexual encounter between two consenting adults who met on a dating site turned into a sexual assault allegation. The Staff Sergeant adamantly denied the allegations to law enforcement, who simply refused to believe him, no matter how absurd the allegations were. After realizing that the AFOSI did not have his back, the Staff Sergeant retained Article 120 UCMJ sexual assault lawyer Tim Bilecki, to represent him. What followed was an investigation that took over one year for the AFOSI to complete for reasons that are simply beyond comprehension. Nearly a year later, the alleged victim told the Air Force that she no longer wanted to prosecute the case because she would rather “study abroad” in Europe. The government then informed the defense team that it did not intend to prosecute the case. Shortly thereafter, her study abroad program was canceled due to COVID-19, and she then informed the prosecution team that she still “wanted to go forward.” The Article 32 Hearing Officer agreed with the defense and drafted a report stating that the allegations did not even meet the low standard of probable cause and that the charges should be withdrawn and dismissed. Ultimately, the Convening Authority followed the recommendation of the PHO, and all charges were withdrawn and dismissed.

Military law

Long-Time Girlfriend Raises Sex Assault, Bilecki Ensures No Charges for SFC

Feb 07, 2020

OUTCOME: After nearly a year-long investigation by the Criminal Investigation Command (CID), the case was closed due to a lack of probable cause.

An Army Sergeant First Class was accused of sexual assault by a long-time girlfriend. Following the accusation, court martial attorney Tim Bilecki was retained to advise the Soldier and represent him t ... hroughout the investigation. After nearly a year-long investigation by the Criminal Investigation Command (CID), the case was closed due to a lack of probable cause. Ultimately, Mr. Bilecki ensured that no court-martial charges or adverse administrative actions were taken against our client.

Military law

Bilecki Succeeds in Upgrading OTH to General Discharge for Marine Captain

Jan 03, 2020

OUTCOME: Bilecki Succeeds in Upgrading OTH to General Discharge for Marine Captain

Bilecki’s defense team was retained after the Marine Captain already went through a Board of Inquiry where he was represented by the Marine Corps detailed military defense lawyer. The BOI did not go we ... ll, as the members found a basis for separation and recommended Other Than Honorable Discharge characterization. After being retained, Bilecki’s defense team drafted a BOI Letter of Deficiency laying out the significant legal issues that occurred at the BOI and asking for a new board. Ultimately, the Letter of Deficiency was denied. This case served as an example of why civilian defense counsel should be retained at the earliest opportunity – prior to a trial or Board of Inquiry – as opposed to after a conviction or separation. While appeals are worth pursuing, service members can often obtain a significantly better result by retaining counsel early on as opposed to late in the process.

Military law

1LT Charged for Receiving BAH While Out of the Army, Bilecki Gets Case Dismissed

Dec 20, 2019

OUTCOME: Upon settling the debt and explaining the circumstances to law enforcement, the case was closed out without probable cause.

In one of our more intriguing Basic Allowance for Housing (BAH) cases, an Air Force Lieutenant was investigated for BAH fraud two years after receiving entitlements. This case was unique because the Li ... eutenant had previously been court-martialed, convicted, and sentenced to prison. We did not represent him in that trial, but during his confinement, he continued to receive BAH, to which he was clearly not entitled. After leaving confinement, the BAH funds kept coming, despite multiple requests to finance to cease the entitlement and recoup the money. Interestingly, even after separating from the military, he continued to receive BAH. The Defense Finance and Accounting Service (DFAS) just couldn’t stop paying him, despite his not being entitled, sending multiple requests to stop payment, and even being discharged from the military. Two years after his court-martial, finance finally realized he was not entitled to the funds and stopped the BAH, which also initiated an investigation for BAH fraud. The intriguing part was determining if the Air Force even had jurisdiction over the officer, as he had received his DD-214 but had not had his final pay and accounting since he just kept getting paid. BAH fraud defense lawyer Tim Bilecki was retained, and we immediately conducted an audit of his account and compiled a timeline of all attempts he made to cease the payments. Fortunately, this officer had not spent any of the money and kept it in a separate account. This fact was critical, as it demonstrated that he had no intent to use the funds and kept them in a separate bank account. Once we were finally able to get DFAS to place a debt on his account, he was able to immediately pay back the debt in full. Upon settling the debt and explaining the circumstances to law enforcement, the case was closed out without probable cause.

Military law

Sailor Accused of Sexually Assaulting a Japanese, Bilecki Gets Case Closed

Dec 13, 2019

OUTCOME: Based on those submissions, which were later validated by the government, the case was closed out without probable cause.

A Navy Chief was arrested by the Japanese Police for allegedly sexually assaulting a Japanese national in Okinawa, Japan, while on Temporary Additional Duty (TAD). The Japanese Police investigated the ... case in conjunction with the Naval Criminal Investigative Service (NCIS). Ultimately, the Japanese Police dropped the case due to a lack of evidence, but NCIS continued its investigation. Like a dog that won’t let go of a bone, NCIS refused to acknowledge any possibility of the Navy Chief’s innocence, even after he informed them that he was not in the area where the alleged assault took place. Not wanting to wait around for a year while NCIS tried to ruin his life, the Navy Chief retained civilian defense counsel Tim Bilecki to represent him. After learning of the possible alibi, we had the Chief send his phone to a privately retained Digital Forensic Examiner (DFE) to determine if we could use the device to pinpoint his exact location during the time in question. Using GPS data and other artifacts on his device, we were able to build a near-exact timeline of our client’s whereabouts on the night in question. We then used text messages he sent and other information on the phone to prove it was in his possession when the alleged assault took place. We then had our DFE present this information in a report and submitted it to the Staff Judge Advocate (SJA) office as an alibi defense. Based on those submissions, which were later validated by the government, the case was closed out without probable cause. Had this client not retained civilian defense counsel and a privately retained DFE, he would likely have been further implicated in the investigation and may have been criminally charged.

Military law

Sexual Assault | Case Result

Dec 06, 2019

OUTCOME: Sexual Assault | Case Result

A Navy Chief was arrested by the Japanese Police for allegedly assaulting a Japanese national in Okinawa, Japan while TAD. The Japanese Police investigated the case in conjunction with NCIS. Civilian d ... efense counsel Tim Bilecki was retained. Along with defense investigator team of Bilecki Law Group, they meticulously built a timeline of our client’s whereabouts using digital forensics. This was later used as an alibi, and neither the Japanese Police or NCIS brought criminal charges against our client.

Military law

Sailor Facing 75 Years for Smuggling Drugs to USS Ronald Reagan Gets 10 Months

Dec 06, 2019

OUTCOME: Under this plea agreement, the government agreed to withdraw and dismiss the Conspiracy charge, the Distribution Charges and the Possession with intent to distribution charges in exchange for a plea of guilty to the remaining charges.

In a case that made the front page of the Navy Times and was reported on by the Wall Street Journal, our client was targeted as a high-level importer and trafficker of LSD, Ecstasy and other psychedeli ... cs into Japan. The government believed that our client, after importing the narcotics into Japan, smuggled them onto the Navy base and then onto the USS Ronald Regan. In this wide-reaching investigation, over 14 Sailors were prosecuted, many of them turning into informants against our client. He was charged at a General Court Martial with: - one specification of conspiracy in violation of Article 81, UCMJ, - and two specifications of distributing Schedule I / II / III controlled substances in violation of Article 112a, UCMJ, - introduction of Schedule I / II / III controlled substances with the intent to distribute in violation of Article 112a, UCMJ, and - two specifications of possession of Schedule I / II / III controlled substances with intent to distribute. The charges were significant, and the maximum sentence he faced was up to 75 years in prison. Attorney Tim Bilecki was retained and assembled an extensive defense team, including a defense investigator and expert consultants. Our office battled the Navy in extensive litigation lasting over one year and involving numerous travels to both Japan and the United States. Days before the case was set to be tried before members, Bilecki was able to finalize a negotiated plea agreement that was in the works for several months. Under this plea agreement, the government agreed to withdraw and dismiss the Conspiracy charge, the Distribution Charges and the Possession with intent to distribution charges in exchange for a plea of guilty to the remaining charges. At the sentencing hearing, Bilecki put on an extensive case in extenuation and mitigation, including expert testimony regarding the Sailor’s mental health issues. While the Sailor was initially facing 75 years in prison, the Military Judge Sentenced him to only ten months of confinement and a Bad Conduct Discharge. Media Links: https://www.wsj.com/articles/u-s-navy-probes-suspected-drug-selling-use-among-sailors-in-japan-1518210550 https://www.navytimes.com/news/your-navy/2018/11/06/officials-ronald-reagan-lsd-probe-bigger-than-you-think-14-nuke-sailors-snagged/ https://www.navytimes.com/news/your-navy/2018/11/02/prosecutors-sailors-ran-an-lsd-ring-off-the-ronald-reagan-two-charged/

Military law

Bilecki Investigates Sex Assault Allegations, Army SGT Gets Honorable Discharge

Dec 06, 2019

OUTCOME: The board members found no basis for the two allegations where there was no victim testimony but found a basis for the allegation where the alleged victim did testify.

An activated Army Reservist was accused of sexual assault by three separate women stemming from his time in college while a Reservist. Because the allegations occurred while he was not on active-duty s ... tatus, the military did not have jurisdiction over the offenses at a court martial. Instead, the Army allowed the state to prosecute the criminal cases, and the Army sent the case to an administrative separation board seeking an Other Than Honorable characterization of discharge. Sex assault court martial lawyer Tim Bilecki was retained for the board. This was a tricky case because, although we did not represent the Soldier in his state court criminal case, we did not want to do anything at the administrative separation board that could jeopardize his state court trial. We worked directly with the Soldier’s civilian defense counsel in the state court case to ensure a unified strategy at the board and subsequent trial. We also sought to use the board as a means of discovery and a pseudo-deposition for the upcoming trial. At the board, Bilecki was able to cross-examine one of the alleged victims, while the other two did not cooperate or testify. The board members found no basis for the two allegations where there was no victim testimony but found a basis for the allegation where the alleged victim did testify. Ultimately, the board was troubled by conducting an administrative separation board for a case pending trial in state court and discharged the Soldier with an honorable discharge characterization.

Military law

Socializing Ends in Sex Assault Allegations for Air Force SSG, Charges Dropped

Nov 29, 2019

OUTCOME: Socializing Ends in Sex Assault Allegations for Air Force SSG, Charges Dropped

In November 2019, an Air Force Technical Sergeant at Osan, Korea, found himself embroiled in a sexual assault allegation. The incident unfolded during a night out in the Special Entertainment District ... (SED) near Osan, where the Sergeant was socializing with colleagues, including a female friend. This friend later accused him of sexually assaulting her. Recognizing the gravity of the situation, the Technical Sergeant promptly retained an Article 120 UCMJ sexual assault attorney, Tim Bilecki. Bilecki flew to Korea to conduct a ground-level investigation, interviewing witnesses and ensuring the crucial CCTV footage was preserved. This hands-on approach in Korea, vital in a case where local understanding and prompt action were key, revealed that the allegation was a fabrication. The OSI’s lack of thorough investigation highlights the importance of having a lawyer who both understands the intricacies of cases in Korea and is willing to travel and investigate firsthand. Without this proactive and detailed intervention, the client could have faced a wrongful conviction. The case, which could have led to severe consequences, was dismissed thanks to the timely and decisive actions of the defense team.

Military law

Misinterpreted Photos and Flirting End in Sexual Allegation, Bilecki Rebuts

Nov 29, 2019

OUTCOME: It still took CID months to figure this out, but after continuing to talk to the SJA office, no court martial charges were preferred.

An Army Sergeant Major came under investigation by the Criminal Investigation Division (CID) after another senior Non-Commissioned Officer accused him of sexual assault during a TDY to Africa. The two ... had gone out drinking together were seen flirting, although nothing sexual happened. They took pictures with each other on the TDY—nothing sexual—but to someone who didn’t know them, it might have looked like they were boyfriend and girlfriend. He posted the pictures online, and the other senior NCO’s husband saw them and accused her of being unfaithful. This led to an allegation of non-consensual sexual touching against the Sergeant Major. Anyone with more than a few brain cells could spot the clear motive to fabricate, but in the Army’s SHARP culture, a full-blown investigation was required. The Sergeant Major, with a stellar career of service to this nation, was treated like a common criminal. Tired of waiting for CID to ruin his life, the Sergeant Major retained sex assault court martial lawyer Tim Bilecki. We quickly interviewed all the senior leaders on the TDY and reviewed all the photos taken on the night in question. It became apparent that the accuser was very flirtatious with our client, despite being married, and that nothing happened between them sexually. It still took CID months to figure this out, but after continuing to talk to the SJA office, no court martial charges were preferred. Because this was a SHARP case, the Commanding General issued a General Officer Memorandum of Reprimand (GOMOR) to the SGM. We drafted extensive rebuttal matters and based on our rebuttal matters, the CG withdrew and destroyed the GOMOR. The Sergeant Major’s FLAG was lifted, and he was able to continue with his career. Fed up with the Army’s SHARP program, he later submitted his retirement and happily retired from the Army. The Army, on the other hand, lost a highly trained senior leader with multiple combat deployments.

Timothy James Bilecki's Legal Cases (543)

Unhappy Tinder Date Claims Sex Assault, Bilecki Exonerates Air Force SGT

Long-Time Girlfriend Raises Sex Assault, Bilecki Ensures No Charges for SFC

Bilecki Succeeds in Upgrading OTH to General Discharge for Marine Captain

1LT Charged for Receiving BAH While Out of the Army, Bilecki Gets Case Dismissed

Sailor Accused of Sexually Assaulting a Japanese, Bilecki Gets Case Closed

Sexual Assault | Case Result

Sailor Facing 75 Years for Smuggling Drugs to USS Ronald Reagan Gets 10 Months

Bilecki Investigates Sex Assault Allegations, Army SGT Gets Honorable Discharge

Socializing Ends in Sex Assault Allegations for Air Force SSG, Charges Dropped

Misinterpreted Photos and Flirting End in Sexual Allegation, Bilecki Rebuts