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U.S. v. Marine Corps E-3 - Kaneohe Bay, Hawaii - June 2011

Practice Area: Criminal defense


Description: Our client was charged at a General Court Martial and accused of being the ringleader of a large-scale barracks theft operation at MCB Kaneohe Bay, Hawaii and subsequently charged with conspiracy, larceny, larceny of military property, sale of military property, false official statement then witness intimidation for endeavoring to influence the statements of a co-accused during the investigation. When retained, our client was facing over 50 years in prison and a dishonorable discharge. The client retained us early on in the investigation, before charges were preferred, which allowed us to conduct an early, initial investigation and be one step ahead of the prosecution when charges were initially preferred and sent to an Article 32 investigation. The government’s alleged that our client set up a barracks larceny operation in which they would break into fellow Marine’s barracks rooms while those Marines would on duty, on leave or in the field. The stolen items where 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 then later selling it to civilians. The case broke when our client and his ring allegedly broke into numerous barracks rooms on 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 stolen items were located, which had evidence pointing directly at our client. As is the case in many military courts-martial, after charges broke, everyone was pointing the finger at everyone else. The majority of the fingers, and evidence, pointed to our client. We took on an aggressive posture at the Article 32 hearing and with the assistance of attorney Kiley Hyatt (Of Counsel to our firm), showed how the investigation and evidence was circumstantial at best and illustrated how difficult of a time the government would have at trial. The Investigating Officer recommended that many of the charges be dropped and the remaining charges go to a Special Court Martial. We continued to fight for our client after the Article 32 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 was not even sentenced to confinement.

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