Accusations Against Army Captain for Beating His Wife Deemed Not Credible
Sep 09, 2011
OUTCOME: Ultimately, no criminal charges were ever preferred against our client.
An Army Captain stationed in Korea was investigated for allegedly hitting his spouse multiple times in the face, legs, and hips with both his hands and a belt, failing to provide his spouse with adequa...te support, and threatening to kill her if she reported the alleged violence to authorities.
While under investigation, the Army Captain retained Korea court martial defense attorney Tim Bilecki to represent him. After being brought on the case, we investigated and aggressively fought this case, showing that our client’s wife fabricated and grossly exaggerated the majority of the allegations in order to leverage her husband into providing additional financial support for her. Upon discovering this information, much of which was in the form of text messages and other electronic communications, we began discussing an alternative resolution of the case that did not involve a criminal court martial.
While this process was lengthy, after several months of investigation and negotiations, the command and prosecution realized that these allegations were mostly false and their complainant lacked credulity. Ultimately, no criminal charges were ever preferred against our client.
Criminal defense
Ex-Wife Makes Sexual Assault Allegations, Army Sergeant Cleared in Korea
Sep 09, 2011
OUTCOME: After months of investigation and never backing down from our position, the government closed the case without preferring court martial charges against our client.
An Army Sergeant First Class stationed in Deagu, Korea had been an escort in the past for one of Mr. Bilecki’s clients and saw him win an acquittal for that client in rape case. Two years later, when h...e was being investigated for sexual assault himself, he immediately turned to Mr. Bilecki, a UCMJ Article 120 sexual assault defense attorney, to defend him.
Our client’s ex-wife made the allegation against him after he filed for divorce. Seeing the obvious motive to fabricate a sexual assault allegation, we immediately involved the prosecutor and exposed the complaining witness as a liar and a manipulator who was falsifying allegations in order to gain leverage over her soon-to-be ex-husband in a divorce.
After months of investigation and never backing down from our position, the government closed the case without preferring court martial charges against our client.
Military law
CID’s Pretext Call to Push E-3 Into Confession of Sexual Assault Misses the Mark
Sep 02, 2011
OUTCOME: Our client was acquitted of all charges, marking a complete vindication in a case fraught with fabricated testimonies and character assassination.
Facts:
At Camp Humphreys, Korea, an Army Private First Class was accused of sexual assault. The allegations stated that he entered a bathroom where a female Soldier, reportedly unconscious due to vo...miting, was present, and he sexually assaulted her. Two Military Police officers asserted they had witnessed the event and intervened.
The case’s complexity increased when Army CID agents conducted a sting operation. They orchestrated a pretext phone call where the alleged victim conversed with the accused, attempting to coax a confession. This call was recorded, capturing the Soldier’s apologies, which were later played before the jury at the trial.
Charged at a general court martial and facing over 31 years of incarceration, the Soldier retained the services of Bilecki Law Group. The defense, helmed by UCMJ Article 120 military defense attorney Tim Bilecki, vigorously contested all charges in front of a military panel. They unearthed significant flaws in the prosecution’s case: law enforcement witnesses were found to have fabricated their testimony, seeking to appear heroic but were caught perjuring themselves.
Moreover, the defense revealed that these law enforcement witnesses had physically assaulted and mistreated our client on the night of the alleged assault, motivated by jealousy over a romantic involvement with one of their girlfriends. The alleged victim’s credibility was also dismantled; she was depicted as dishonest, overdramatic, and struggling with substance abuse. The defense underscored her involvement in the physical assault and the subsequent cover-up against their client. Our client was acquitted of all charges, marking a complete vindication in a case fraught with fabricated testimonies and character assassination.
Military law
E-6 Accused of BAH Fraud After Moving Wife to Japan Gets No Punitive Discharge
Aug 12, 2011
OUTCOME: NO DISCHARGE
An Air Force Technical Sergeant stationed in Japan was charged with BAH and FSA fraud for over $30,000.
Prior to the allegations being made, the Air Force Technical Sergeant was stationed at Yokota,... Japan, and his wife was residing in Texas, properly receiving Basic Allowance for Housing (BAH) and Family Separation Allowance (FSA) for her Texas location. The problem occurred when the client moved his wife to Japan with him, and she stayed for nearly one year while still collecting the BAH and FSA for Texas where there was no longer a residence. After an audit on his account, the Technical Sergeant became under criminal investigation. OSI financial crimes investigators brought the Airman in for questioning and upon being interrogated by OSI, he admitted to BAH and FSA fraud. A confession that was recorded and later played to the jury at his trial.
After being retained on the case, attorney Tim Bilecki, known for Article 121 UCMJ, 124 UCMJ and military BAH fraud defense, conducted our own financial calculation of the alleged fraud and determined that the amount of the larceny was substantially lower than calculated by OSI. We worked to have the case resolved outside of a court martial, but the command and prosecution were hell bent on a court martial.
Attorney Bilecki traveled to Yokota, Japan to try the case and the prosecution played the video recorded admissions of our client. To challenge this, our client testified during the defense case in chief. We were able to get our client’s version of the facts out to a jury, which was that this case was not fraud but simply an overpayment by DFAS based on complicated regulations and the JFTR. Despite this testimony, and likely based on the recorded OSI confession, the panel convicted our client of larceny.
The government subsequently asked for the maximum sentence. However, based on the extensive extenuation and mitigation that was put on during the trial, our client only received a two-grade reduction and 45-day restriction, with no punitive discharge.
Military law
Rape Charges | North Dakota Case Results
Aug 12, 2011
OUTCOME: Waddington fought the case in front of an enlisted panel and won, and the client was found not guilty of all charges.
Our client was accused of breaking into the home of a female whom he had met that day and raping her while she was unconscious.
This case was difficult, as the “victim” and her friends all stated th...at she was drunk and vomiting and later became unconscious. The following day, the client further apologized and made admissions about the crime.
In spite of the challenges presented by this case, Mr. Waddington fought the case in front of an enlisted panel and won, and the client was found not guilty of all charges.
Military law
Army SGT Assaults Wife, Holds Her Against Will, Charges Resolved At Article 15
Jul 15, 2011
OUTCOME: Immediately upon being retained, we investigated the case and sought to keep the charges from being preferred a court martial.
### Maximum Sentence:
- Dishonorable Discharge
- Life in confinement
- Total forfeiture
- Reduction to E-1
- Federal felony conviction
Mr. Bilecki was retained as civilian defense cou...nsel on this case after an in-person meeting with our client in Seoul, Korea. The Army Staff Sergeant was being investigated for kidnapping, assault, and communicating a threat.
The Staff Sergeant was arrested in the Dragon Hill Lodge in Seoul after allegedly severely assaulting his wife, threatening her, and holding her against her will. A majority of the scene was caught on a security camera from inside the Dragon Hill Lodge, and after the incident, our client’s wife made a damning statement against him to CID and was willing to participate in the prosecution of the case.
Immediately upon being retained, we investigated the case and sought to keep the charges from being preferred a court martial. We knew this would be a difficult task, as the fact of this misconduct had already made its way to the 2nd Infantry Division Commanding General for his action. While in Korea, Mr. Bilecki worked directly with the client and his wife (the alleged victim) in order to help repair the relationship and keep the charges from going to a court martial. Due in part to the on-the-ground investigation that was conducted and in part to our firm’s well-rounded knowledge of the Army in Korea, we were able to keep these serious charges at the Article 15 level.
Military law
Army MSG Accused of Falsifying NCOERs and Destroying Evidence Saves Retirement
Jul 15, 2011
OUTCOME: After this hearing, our client was found not guilty of obstruction of justice and guilty of only one false official statement.
### Maximum Sentence:
- Dishonorable Discharge
- 15 years confinement
- Total forfeiture
- Reduction to E-1
- Federal felony conviction
- Loss of military retirement
Court martial ...lawyer Tim Bilecki was retained to represent a retirement-eligible Army Master Sergeant who was accused of falsifying NCOERs and subsequently destroying his government hard drive in an attempt to destroy the evidence.
When Bilecki Law Group was retained, this Master Sergeant was the subject of an Army AR 15-6 Investigation. We investigated the case and then worked directly with the Investigating Officer to ensure he had all matters in defense, extenuation and mitigation. We took a more aggressive stance and advised our client to provide a statement to IO after he was extensively prepped by Mr. Bilecki. This strategy proved effective and after the AR 15-6 Investigation was complete and referred to the command for action, we discussed the findings with the SJA office and negotiated an agreement in which the case be adjudicated at the Summary Court Martial level, and our client would not have to enter into a guilty plea.
We represented the Master Sergeant at what became a fully litigated Summary Court Martial that lasted 11 hours. After this hearing, our client was found not guilty of obstruction of justice and guilty of only one false official statement. We then assisted our client with submitting his retirement packet, which was approved. Because this case was adjudicated at a Summary Court Martial level, the Soldier no federal conviction on his record.
Military law
SGT Charged With Trafficking 1 Kilo of Spice and $10K BAH Fraud Serves 10 Months
Jun 24, 2011
OUTCOME: SGT Charged With Trafficking 1 Kilo of Spice and $10K BAH Fraud Serves 10 Months
### Maximum Sentence:
- Dishonorable Discharge
- 101 years confinement
- Total forfeiture
- Reduction to E-1
- Federal felony drug conviction
In one of the biggest Spice and Analogue ...cases Bilecki Law Group had taken to date, a Marine Sergeant was criminally investigated when the Japanese government intercepted a package en route to our client that contained nearly one kilo of Spice.
This mail interception brought on nearly a year of investigation into the Marine, and it was eventually alleged that he was conspiring with his wife to purchase large quantities (multiple kilos) of Spice from Eastern Europe and ship them to the United States, where they were repackaged and sent to Okinawa for redistribution to Marines. The Marine was also charged client was also charged with possession of steroids, a Schedule III controlled substance.
In addition to the alleged trafficking in Spice and steroid possession, the investigation further uncovered that the Marine client may have been responsible for nearly $10,000 of BAH fraud. Once the case was under investigation, he further allegedly made numerous threats to government witnesses, including a threat to kill his wife if she testified against him.
Before charges were preferred, our client also impregnated his junior enlisted girlfriend, which led to fraternization and adultery charges. The government built an incredibly solid case against this Marine on numerous grounds—drug trafficking, BAH fraud, terroristic threatening, witness intimidation, and military-specific crimes — and was looking for extensive confinement time and a dishonorable discharge. Given the gravity of the offense and the evidence against the client, including a confession, a sentence including decades in confinement was not unrealistic.
Court martial lawyer Tim Bilecki, the managing attorney of Bilecki Law Group, was retained and fought hard in this case, starting by preparing for what would likely be a multi-week contested jury trial. Due in part to our aggressive posture and in part to arduous in-person negotiations between Mr. Bilecki, and the prosecutors, we were able to obtain an incredibly favorable pre-trial agreement in which our client would only plead guilty to the military-specific offenses in exchange for a maximum sentence of 10 months confinement and all other charges would be withdrawn and dismissed.
At the sentencing hearing, the military judge handed down a 24-month sentence, which was reduced to 10 months because of the agreement we had in place, and even commented specifically on how good of a deal we had negotiated for our client.
Military law
No Conviction for Marines Charged As Alleged Ringleader in Barracks Theft Ring
Jun 24, 2011
OUTCOME: The Investigating Officer recommended that many of the charges be dropped and the remaining charges go to a Special Court-Martial.
A Marine Private First Class was accused of being the ringleader of a large-scale barracks theft operation at Marine Corps Base Kaneohe Bay, Hawaii and subsequently charged with conspiracy, larceny of ...military property, sale of military property, false official statement, and witness intimidation for endeavoring to influence the statements of a co-accused during the investigation.. The criminal investigation began when the Marine and his ring allegedly broke into numerous barracks rooms at K-Bay and then faked the break-in of his own barracks room to create an alibi for law enforcement if questioned. Law enforcement was initially suspicions of our client and later found the undisclosed location where much of the stolen items were located, which pointed the evidence directly at our client.
The Marine retained Article 121 UCMJ military defense lawyer Tim Bilecki prior to the preferral of charges. This allowed us to conduct an early initial investigation and be one step ahead of the prosecution. Charges were preferred to a general court martial and the case went to an Article 32 investigation. Based on the preferred charges, our client was facing over 50 years in prison and a dishonorable discharge.
The government alleged that our client had set up a barracks larceny operation in which he and others would break into fellow Marines’ barracks rooms while those Marines were on duty, on leave, or in the field. The stolen items were then transported to an undisclosed location, inventoried, warehoused, and later sold for profit. In addition to stealing from fellow Marines, our client was also charged with orchestrating the theft of PPE and other military equipment and selling it to civilians.
Civilian defense counsel Tim Bilecki took an aggressive posture at the Article 32 hearing and showed how the investigation and evidence were circumstantial and illustrated how difficult of a time the government would have at trial securing a conviction. The Investigating Officer recommended that many of the charges be dropped and the remaining charges go to a Special Court-Martial.
After the Article 32, we continued to fight for our client and were able to get the remaining charges reduced to a Summary Court-Martial so that our client would not have any federal conviction. We litigated the Summary Court Martial, and our client and presented a strong case in extenuation and mitigation for the remaining charges. He instead received no prison time, no conviction, and an honorable discharge.
Military law
Bilecki Negotiates Time Served for Marine Caught in Controlled Drug Sale
Jun 10, 2011
OUTCOME: Bilecki Negotiates Time Served for Marine Caught in Controlled Drug Sale
### Maximum Sentence:
- Dishonorable Discharge
- 30 years confinement
- Total forfeiture
- Reduction to E-1
- Federal felony drug conviction
Facts:
A Marine E-4 stationed at Camp F...oster, Okinawa, faced serious allegations for his involvement in the distribution of Spice and Ecstasy. The case intensified when an individual who purchased from him collaborated with NCIS as an undercover informant, arranging a controlled buy. During this operation, the Marine’s friends, unbeknownst to him, was wearing a wire.
The situation escalated with a thorough search of his house, leading to the seizure of substantial amounts of Spice and analogues. NCIS secured a full confession from the Marine, which was both corroborated and video-recorded. The seized substances were tested by the USACIL and tested positive for JWH-018, a Schedule I controlled substance.
In response to these developments, attorney Tim Bilecki, experienced in handling UCMJ Article 112a cases, was brought in to represent the Marine. The defense team’s strategy was to engage in robust negotiations with the prosecution, emphasizing their preparedness to proceed to trial if necessary. This approach led to a favorable pre-trial agreement for the Marine, effectively resulting in a sentence of “time served.” This outcome significantly reduced the potential severe consequences of the multiple charges he faced.
