Case Results - Bilecki & Tipon, LLLC

Court Martial Lawyer in Hawaii, Korea, Japan and Worldwide

WE ARE IN THE PROCESS OF UPDATING ALL OF OUR RECENT CASE RESULTS, FOR THE MOST RECENT LIST, CALL OUR OFFICE DIRECTLY.

The following is a list of the charges - and results - of all cases that Mr. Bilecki and Bilecki & Tipon, LLLC has defended over the last three years. Unlike other law firms, Bilecki & Tipon lists all recent UCMJ defense cases, not just the full acquittals or "representative cases." We also provide the date and location of each case to prove the case results are real, recent and verifiable. Upon request, we can provide case results dating back to 2002. All cases are provided with the informed consent of the client .

Note: It is important to remember that while some cases may appear similar to others, all cases are unique; success in one case does not guarantee success in another. We do not guarantee a certain outcome; to do so violates the Rules of Professional Responsibility. In addition, the results of a case are determined by a variety of factors, including facts and evidence presented, whether the client follows counsel recommendations, and the stage in the proceedings at which our services are retained. Case results are only posted with the informed consent of the client.

Please call us if you have any questions, need clarification, or would like additional case results and/or referrals.


November 2016

Grafenwoehr, Germany and stationed in Ft. Stewart, GA

Army E-6

Charges: Investigated for Adultery and False Official Statement, Charged with Adultery

A female Army E6 was being investigated for adultery and false official statements for an apparent relationship she had with a male SSG. At the conclusion of the investigation, they both were charged with adultery at an Article 15 (NJP). The female SSG was assigned two military attorneys who proceeded to advise the Army SSG to accept the Article 15. She did not agree with their counsel and instead chose to hire the law firm of Bilecki & Tipon, LLLC to represent her and fight the charges at court martial. After refusing NJP, our client was FLAGed and received a negative NCOER.

Bilecki & Tipon immediately set out to prepare its own defense investigation. The B&T team challenged every finding of the AR 15-6 investigation and entered a notice of representation for her refusal of the Article 15. The Army SSG was informed that because she refused the Article 15, charges would be preferred against her at a special court martial and that it would be convened at Ft. Stewart, GA upon the unit’s return from the tour in Germany.

Meanwhile, the SSG’s co-accused was also charged with adultery. He accepted the Article 15 with the advice of his military JAG lawyer. The co-accused was found guilty and sentenced to a reduction in rank, 45 days restriction, 45 days extra duties and to forfeit 1/2 months’ pay for 2 months.

Once the unit returned to Ft. Stewart, GA, Mr. Tipon, who was assigned as lead counsel, made contact with the military justice section and began preparations to travel there to try the case. Prior to trial, the charges were dropped, the Army SSG was transferred to another unit and continues to train and lead soldiers today.

Result: All Charges Dropped. Negative NCOER pulled. Client Continues to Train and Lead Soldiers Today


August 2016

Kadena, AFB Okinawa, Japan

Air Force O-3

Allegations: Wrongful Use of Cocaine, Wrongful Use of Marijuana, Wrongful Use of Psilocybin Mushrooms

An Air Force pilot was accused of using cocaine, marijuana and mushrooms while allegedly partying in Amsterdam after his graduation from the Air Force Academy. The charges arose several years later when one of the officers our client traveled to Amsterdam with had to upgrade his security clearance. During the security clearance review, this officer disclosed that he used narcotics while in Amsterdam. This disclosure lead to an investigation in which the officer under investigation named our client as someone who was also partying and using illegal drugs on that trip.

Our client then became the target of a subsequent investigation and provided a statement to the investigator admitting to traveling to Amsterdam but denying any use of contraband substances. The investigation resulted in the issuance of a Letter of Reprimand and a referral to a Board of Inquiry. Bilecki & Tipon were retained to assist in rebutting the LOR and representing our client at the Board of Inquiry.

Mr. Bilecki immediately began conducting background investigations and interviews on the officers who were accusing our client of using illegal drugs while in Amsterdam. We quickly discovered that those individuals were attempting to shift blame onto our client and deflect from their own misconduct while in the Netherlands. Mr. Bilecki began negotiations with the SJA office and advocated on behalf of our client, leveraging the fact that there was no physical evidence against our client as well as the lack of credibility of the officers accusing our client. Ultimately, the Commanding General withdrew the Board of Inquiry, our client was placed back on Flight Status and retained in the Air Force.

Result: Client Never Criminally Charged, BOI withdrawn by CG, Retained in the AF.


August 2016

Air Force E-7

Yokota, AFB, Japan

Charges: Criminal bullying and hazing

Our client was an old school C-130 maintainer who had spent much of his career in the AFSOC community and was regarded as one of the best C-130 maintainers in the Air Force. After assignments with AFSOC he was PCS’d to Yokota, AFB and worked as a DOC chief in the ISODOC where he was responsible for the routine and scheduled maintenance of C-130s. He was a tough but fair leader that always demanded the best from his Airmen, many of whom were fresh out to tech school with no real-world experience and who could best be described as…soft.

An Airman in the unit had committed suicide which brought about an investigation. During the investigation, a small group of Airmen – most right out of Tech School – complained about how they were treated by our client and made allegations that the Airman who committed suicide did so because our client was too tough on him. This would prove to be entirely false.

During the investigation, these Airmen made complaints against our client ranging from getting yelled at for poor performance, being told not to play fantasy football in the break room while on duty, having to mop the hangar floor, being given nicknames and being corrected in front of other Airman for a lack of basic discipline, customers and courtesies. There was essentially a mutiny among the junior Airmen to take out their NCO because they were undisciplined and our client held them accountable.

Rather than handle the matter with a counseling or an Article 15, the command sought to cover itself and instead charged our client with a court-martial to protect itself from the scrutiny of the suicide.

Court martial lawyers Tim Bilecki and Noel Tipon were retained to fight back, clear our client’s name and allow him to retire. The pair quickly flew to Japan to conduct a proper investigation, working side by side with fellow defense representative and Air Force ADC, Captain Veronica Bath, in the process.

During this investigation, B&T interviewed dozens of witnesses and developed such a strong case for our client that the prosecution immediately took notice. The prosecution came to us and offered to drop the charged if our client would accept a Chapter 4 and essentially forfeit his retirement. We said no. After conducting our own investigation, we knew our client was being scapegoated by his command for the suicide because he was a tough leader who didn’t tolerate incompetence from his junior Airmen.

Prior to trial, Mr. Bilecki and Capt Bath litigated numerous motions and were able to keep all mention of the suicide out of trial as there was absolutely no showing that it was connected to our client. After that victory, Mr. Bilecki skillfully cross-examined each of the witnesses against our client, exposing them as weak Airmen who lacked integrity and simply could not handle a tough but fair NCO. In addition, Mr. Bilecki called numerous senior NCO’s to testify regarding our client’s outstanding duty performance, his leadership style and evidence showing that many of the allegations made against our client by the junior Airmen did not occur.

In the end, the jury saw through the nonsense and fully acquitted our client.

Result: Full Acquittal – Not Guilty of All Charges and Specifications


August 2016

Okinawa, Japan

Undisclosed Service – Senior NCO

Charges: Accused of Attempted Sexual Assault of a Child Relating to Okinawa Sting Operation Case

Our client was an Air Force E-8 who was caught up in the infamous “To Catch a Predator” sting operation that has ensnared many service member stationed in Japan. While chatting with the undercover agent, our client began to suspect that law enforcement was behind the conversation.

The law firm of Bilecki & Tipon was quickly retained and Mr. Bilecki quickly took control of the situation and ensured that all communications immediately stopped and that our client was not arrested or charged.

Result: Client Never Charged


July 2016

Marine Corps Base Hawaii, Kaneohe

Marine E-6

Charges: Attempted Sexual Assault of a Child, Attempted Sexual Abuse of a Child

In an operation nearly identical to the overseas “To Catch a Predator” sting operation, law Hawaiian enforcement agents post Craigslist ads of women seeking military men for a relationship. The agents list a woman’s age as over 18 and use images that reflect a legal age as well. Once a service member answers the Craigslist ad, law enforcement agents then move the conversation over to Kik or some other text messaging app and start chatting with the service member.

During the chats, an undercover agent will state that she is 14 years old and see if the service member continues chatting. However, the law enforcement agent will also send pictures of “herself” to the service member she is chatting with. These pictures are of an adult woman over the age of consent. If the chats continue, the agent will then steer the conversations to a sexual topic and attempt to get the service member to meet up at a pre-determined location to make the arrest.

In this case, our client chatted with an undercover agent, discussed sexual topics with the undercover agent and then drove to the house to meet up with an individual whom he believed to be a minor for sex. After the arrest was made, the Marine SSgt was taken into custody and provided a full confession to law enforcement. Law enforcement also seized and searched his phone and other contraband items were found.

This case was unique in that our office was retained by the client with the intent of obtaining a pre-trial agreement to mitigate his prison exposure. When we were brought on to the case, the best pre-trial agreement that the government would offer was 30 months in prison in exchange for a guilty plea. Mr. Bilecki quickly investigated the case and began digging into how the sting operation was conducted.

B&T quickly learned that law enforcement was using techniques which could certainly be considered entrapment. In particular, the law enforcement agent sending pictures of “herself” as an adult to our client. This contradicted the undercover agent’s persona that she was 14 years old and could easily mislead a service member to believe that the person they were chatting with was of age. In addition, it was often law enforcement which would turn the conversations sexual and attempt to get the service member to meet up for sex, not the other way around.

We used this information as leverage in the pre-trail negotiations and were ultimately able to secure a pre-trial agreement with a cap on confinement of 14 months with deferral of forfeitures for 6 months so our client’s family would continue to receive pay for six months while he was in confinement.

Result: Negotiated Pre-Trial Agreement, Limiting Client to 14 Months Confinement.


June 2016

USMC CW02

Camp Foster, Okinawa

Charges: Attempted Sexual Assault, Attempted Lewd Act on a Child, Conduct Unbecoming an Officer

Our client was one of nearly three dozen service members stationed in Okinawa, Japan who were caught in an NCIS “To Catch a Predator” type sting operation. In this operation, NCIS placed ads on Craigslist, social media and online dating sites (all of which require the poster to be 18+) posing to be a female looking to meet guys on the island. These ads will typically feature flirtatious language and pictures of a female who is listed as over 18 years of age.

Once service members respond to an ad, the NCIS undercover agent will request that the chats be moved over to Kik messenger and the service member and the agent will start texting. In this particular case, the undercover agent stated that she was 15 years old, but was sending actual photographs of herself (she was over 21 years old) and our client quickly questioned how old she really was. The agent continued by providing a backstory to our client which was incredibly unrealistic and our client simply did not believe she was a minor. The texts between our client and the agent featured mundane topics and did not involve conversations about our client having sex with the agent, despite attempts to turn the conversation sexual by NCIS. In fact, our client broke off all communications with the agent and stopped communicating with her.

Months later, our client was using Kik and sent a group message out to many of his contacts. An NCIS agent responded to the message. However, the Kik username was different and our client did not realize he was chatting with the individual whom he earlier broke contact with. On this second chat, that NCIS chatter was different, her persona was different, the pictures she sent were of a different person (though still of a female in her 20’s) and importantly, she did not explicitly state her age.

During this conversation, NCIS tried repeatedly to turn the conversation sexual and lure our client to meet the agent at her home. Our client did not, however, chat with her about having sex but did agree to meet her at her “home.” Again, in this chat, the agent never explicitly stated her age and was sending our client actual photos of herself – a female in her 20’s. Once our client arrived at the purported home, which was a house staged by NCIS, he was immediately apprehended and taken into custody.

After being arrested, our client provided a statement to NCIS that he did not believe the person he was chatting with was a minor and that, regardless of her age, he did not intend to have sex with the person he believed to be chatting with. NCIS did not believe his story and he was placed in pre-trial confinement to await trial.

Court martial lawyer Timothy Bilecki and UCSM attorney Capt Zach Phelps investigated NCIS’s Okinawa sting operation. We learned, among other things, that (1) NCIS had no written SOP for their operations, (2) NCIS was not following all ICAC (Internet Crimes Against Children) protocol, (3) NCIS was not properly cataloging and retaining all of the chat logs, (4) NCIS was utilizing inexperienced female Sailors (MA1 and MA2) as their undercover agents, (5) the NCIS agents had little to no prior experience or formal training in these types of operations, (6) NCIS had a prior agent who was reprimanded for misconduct (sexual relations with a target of an operation) when conducting a prior TCAP operation, (7) NCIS was utilizing techniques which could lead to entrapment and (8) NCIS was lying to suspects after their arrests. Many other serious issues also came to light regarding the sting operation in general.

Mr. Bilecki exposed the failures of the NCIS sting operation and successfully defended his client in court. The client would become the first person ever in Okinawa to be acquitted by a jury of charges connected with “To Catch a Predator.” By the end of the trial, he was found guilty solely of Conduct Unbecoming an Officer – likely for leaving work and showing up to the house during duty hours in uniform.

This case gained notoriety when, after the trial, Mr. Bilecki utilized Facebook live to make comments about the verdict. This post was viewed by over 125,000 individuals in less than a week, many of which were displeased with the manner in which NCIS was running their sting operation and entrapping service members stationed in Okinawa.

Result: Not Guilty on All Charges Except Conduct Unbecoming an Officer, Time Served Plus Approximately One Month in Confinement and no Punitive Discharge


June 2016

Hickam, AFB Hawaii

Air Force E-4

Charges: Wrongful Use of MDMA (Molly), Wrongful Use of Cocaine

Client charged with wrongful use of MDMA and Wrongful use of cocaine after several of his fellow Airmen snitched on him after being caught with the narcotics. Our office was retained and we negotiated a favorable pre-trial agreement in which our client served less than 90 days in confinement and did not receive a punitive discharge.

Result: Pretrial Agreement for 89 Days Confinement. Received No Punitive Discharge


May 2016

Schofield Barracks, Hawaii

Army O-3

Allegations: Accused of Sexual Assault and Fraternization

An Army Captain was falsely accused of sexual assault after going out drinking on Halloween night with a married female co-worker. The co-worker and Army Captain had met several years earlier, prior to her marriage and before being stationed in Hawaii. After both PCS’d to Hawaii, they began talking and hanging out. The female co-worker’s husband was not yet in Hawaii.

The two decided to go out on Halloween night and made plans for that evening. Those plans included her staying over at the Army Captain’s condo. Prior to going out, she called her husband and lied to him about what she was doing that evening and did not mention that she was going out with another man.

Both went out drinking and clubbing in Waikiki and Honolulu and ended up back in the bedroom of the Army Captain’s apartment. The following morning, she woke up wearing his clothes. She later claimed to have “blacked out” from drinking too much and did not remember if they had had sex. A sexual assault allegation and investigation followed.

CID immediately set their sights on the Army Captain to prove he sexually assaulted his co-worker. The law firm of Bilecki & Tipon was quickly retained to ensure this Army Captain would not become yet another statistic in the Army’s War on Sexual Assault.

A detailed investigation into the alleged victim and the events of the night in question became an immediate priority. We interviewed individuals who saw the two out on Halloween and could substantiate that the female service member was not overly intoxicated. Our investigators were also able to view surveillance video from our client’s condo showing that both walked in together and were not obviously intoxicated. We also determined that the alleged victim’s husband had found out that his wife was going out with another man and that she used a sexual assault allegation to deflect blame for her own marital infidelities.

After obtaining the necessary evidence though our own defense investigation, we discussed the case with CID and the SJA office and the sexual assault allegations were ultimately unfounded. No charges were brought against our client.

However, during the investigation and prior to our office being retained, CID obtained our client’s cellular phone and conducted a digital forensic examination of the phone. That DFE showed that our client may have been in a relationship with a female Staff Sergeant. This led to an informal AR 15-6 investigation and ultimately a General Officer Memorandum (GOMOR) for fraternization. Bilecki & Tipon drafted rebuttal matters to the GOMOR and assisted our client in successfully resigning his commission with an Honorable Discharge.

No action was taken against the Soldier who made the false allegation of sexual assault.

Result: Sexual Assault Allegation Unfounded. GOMOR for Unrelated Fraternization. Client Honorably Resigned from the Army.


May 2016

Kadena AFB, Okinawa Japan

Air Force – E-3

Charges: Distribution and Possession with Intent to Distribute Over 30 Grams of Marijuana, Wrongful Use of Marijuana, Distribution and Possession with Intent to Distribute MDMA, Distribution and Possession with Intent to Distribute Xanax, Wrongful Use of Xanax, Obstruction of Justice.

An Airman First Class was targeted by the Air Force OSI Drug Suppression Team (DST) as one of the leading distributors of marijuana and other narcotics in Okinawa in late 2015. Several other individuals were also arrested in the region for possessing marijuana and other narcotics in . As happens in many drug distribution cases, several of the individuals arrested “flipped” on our client and made him a prime suspect for the DST.

A search warrant was obtained and our client’s belongings searched, but no narcotics were found. His cell phone was also taken by OSI and exploited for information. The cell phone forensic revealed hundreds of pages of incriminating text messages detailing how the various drugs (marijuana, Ecstasy, Xanax) were purchased, distributed and used. This evidence corroborated the statements made by several of the government’s informants and witnesses who agreed to testify against the accused. Our client also made an incriminatory statement to OSI and attempted to have other individuals not cooperate with law enforcement prior to retaining our firm.

The law firm of Bilecki & Tipon was retained and managing partner Tim Bilecki was assigned lead counsel on the case. We immediately began conducted our own defense investigation, interviewing witnesses and dissecting the evidence against our client. We quickly found the various pressure points of the government’s cooperating witnesses as well as the weaknesses in the government’s case.

Mr. Bilecki flew to Okinawa for the Article 32 preliminary hearing and immediately began negotiating with the prosecution. This negotiation focused on the lack of credibility of the cooperating witnesses and the lack of strong physical evidence against our client. The negotiations took several days but we were able to secure a favorable pre-trial agreement for our client.

In this pre-trial agreement, all charges related to the possession with intent to distribute Ecstasy, possession with intent to distribute Xanax, wrongful use of Xanax and wrongful use of Marijuana were withdrawn and dismissed with prejudice. In exchange, our client agreed to plead guilty to possession with intent to distribute marijuana and obstruction of justice for a term limit on his confinement to 189 days.

When B&T was retained on the case, our client was facing 89 years in prison and a dishonorable discharge. By conducting an extensive defense investigation and utilizing what was discovered in that investigation in hard-fought negotiations, we were able to have the majority of the charges withdrawn and dismissed and our client spent less than 189 days in confinement.

Result: Pursuant to a Pre-Trial Agreement – All Charges Related to MDMA, Xanax and Use of Marijuana Withdrawn and Dismissed with Prejudice. Guilty of Distribution and Possession with Intent to Distribute Marijuana. Guilty of Obstruction of Justice.


USMC CW02

Camp Foster, Okinawa

Charges: Attempted Sexual Assault, Attempted Lewd Act on a Child, Conduct Unbecoming an Officer

Result: NOT GUILTY off all charges except Conduct Unbecoming of an Officer, time served plus approximately one month in confinement and no punitive discharge

Our client was one of nearly three dozen service members stationed in Okinawa, Japan who were caught in an NCIS “To Catch a Predator” type sting operation. In this operation, NCIS placed ads on Craigslist, social media and online dating sites (all of which require the poster to be 18+) posing to be a female looking to meet guys on the island. These ads will typically feature language such as “New to the island and looking for someone fun to meet, Soooo bored here” or words to that effect. These ads will also feature a picture of a female who is of age and will list an age which is over 18 years old.

Once service members would respond to the ad, the NCIS undercover “chatter” will request that the chats be moved over to KiK messenger and the service member and the chatter will start texting. In this particular case, the chatter stated that she was 15 years old, but was sending actual photographs of herself (she was over 21 years old) and our client quickly questioned how old she really was. The chatter continued by providing a backstory to our client which was incredibly unrealistic and our client simply did not believe she was a minor. The texts between our client and the chatter ranged from mundane topics but did not involve conversations about our client having sex with the chatter, despite attempts to turn the conversation sexual by NCIS. In fact, our client broke off all communications with the chatter and stopped communicating with her.

Months later, our client was using Kik and sent a group messages out to many of his contacts and NCIS responded to the message. However, the Kik username was different and our client did not realize he was chatting with the individual whom he earlier broke contact with. On this second chat, that NCIS chatter was different, her persona was different, the pictures she sent were of a different person (though still of female in her 20’s) and importantly, she did not explicitly state her age. During this conversation, NCIS tried repeatedly to turn the conversation sexual and lure our client to meet the chatter at her home. Our client did not, however, chat with her about having sex but did agree to meet her at her “home.” Again, in this chat, the chatter never explicitly stated her age and was sending our client actual photos of herself – a female in her 20’s. Once our client arrived at the purported home, which was a house staged by NCIS, he was immediately apprehended and taken into custody.

After being arrested, our client provided a statement to NCIS that he did not believe the person he was chatting with was as minor and that, regardless of her age, he did not intend to have sex with the person he believed to be chatting with. NCIS did not believe his story and he was placed in pre-trial confinement to await trial.

Court martial lawyer Timothy Bilecki, along with UCSM attorney Capt Zach Phelps investigated in detail the NCIS sting operation which was ongoing in Okinawa. We learned, among other things, that NCIS had no written SOP for their operations, that NCIS was not following all ICAC (Internet Crimes Against Children) protocol, that NCIS was not properly cataloging and retaining all of the chat logs, that NCIS was utilizing inexperience female Sailors (MA1 and MA2) as their chatters, that the NCIS chatters had little to no prior experience or formal training in these types of operations, that NCIS had a prior chatter who was reprimanded for misconduct when conducting a prior TCAP operation (for having a sexual relationship with the person she was chatting with after he was arrested – and lying about it later), that NCIS was utilizing techniques which could lead to entrapment, that NCIS was lying to the suspects after they were arrested, and many other serious issues with the operation in general.

Mr. Bilecki utilized these failures on the part of NCIS to expose their sting operation and put on a defense of entrapment, mistake of fact as to age and lack of specific criminal intent. After a hard fought jury trial, our client was the first in Okinawa to be acquitted by a jury of the charges against him relating to the NCIS sting operation. He was, however, found guilty of conduct unbecoming an officer – likely for leaving work and showing up to the house (on Kadena, AFB) during duty hours in uniform.

This case gained notoriety when, after the trial, Mr. Bilecki utilized Facebook live to make comments about the verdict. This post was viewed by over 125,000 individuals in less than a week, many of which were displeased with the manner in which NCIS was running their sting operation and entrapping service members stationed in Okinawa.

NOT GUILTY of all charges except conduct unbecoming and officer.

Read our client's testimonial


Air Force E-7

Yokota, AFB, Japan

Charges: Criminal bullying and hazing

Result: FULL ACQUITTAL – Not Guilty of all charges and specifications

Our client was a old school C-130 maintainer who had spent much of his career in the AFSOC community and was regarded as one of the best C-130 maintainers in the Air Force. After assignments with AFSOC he was PCS’d to Yokota, AFB and worked as a DOC chief in the ISODOC where he was responsible for the routine and scheduled maintenance of C-130s. He was a tough but fair leader who was mission first and demanded the best from his Airmen – many of whom were fresh out to Tech school with no real world experience and who can best be described as… soft.

An Airman in the unit had committed suicide which brought about an investigation. During the investigation, a small group of Airmen – most right out of Tech School – complained about how they were treated by our client and made allegations that the Airman who committed suicide did so because our client was too tough on him (though the suicide investigation showed that the suicide was wholly unrelated to our client or his actions). During the investigation, these Airman made complaints against our client, ranging from getting yelled at for poor performance, being told not to play fantasy football in the break room while on duty, having to mop the hangar floor, being given nicknames and being corrected for in front of other Airman for generally lacking basic discipline and customs and courtesies. There was essentially a mutiny among the junior Airmen to take out their NCO because they were undisciplined and our client held them accountable.

Instead of handling this matter with a counseling or an Article 15, the command sought to cover itself because there was a suicide and charged our client at a court-martial. Our client was being scapegoated.

Court martial lawyers Tim Bilecki and Noel Tipon were retained to fight back, clear our client’s name and allow him to retire. After being retained, Mr. Bilecki and Mr. Tipon quickly flew to Japan to work with Air Force ADC, Capt Veronica Bath, and conduct its own investigation.. During this investigation, we interviewed dozens of witnesses, put together our theory of defense and prepared to win at trial. The prosecution came to us and offered to drop the charged if our client would accept a Chapter 4 and essentially forfeit his retirement. We said no. After conducting our own investigation, we knew our client was being scapegoated by his command for the suicide because he was a tough leader who didn’t tolerate incompetence from his junior Airmen.

Prior to trial, Mr. Bilecki and Capt Bath litigated numerous motions and were able to keep all mention of the suicide out of trial as there was absolutely no showing that it was connected to our client. After that victory, Mr. Bilecki skillfully cross-examined each of the witnesses against our client, exposing them as weak Airmen who lacked integrity and simply could not handle a touch but fair NCO. In addition, Mr. Bilecki called numerous senior NCO’s to testify regarding our client’s outstanding duty performance, his leadership style and evidence showing that many of the allegations made against our client by the junior Airmen did not occur.

In the end, the jury saw through the nonsense and fully acquitted our client.

NOT GUILTY of All Charges and Specification.


April 2016

State of Hawaii v. Reservist USAF SSgt

Charges: Felony Manslaughter of Police Officer

A police officer died in a fiery crash, the state wanted someone to pay. This case took 4 years to get to court, and one month to try in front of a jury. It showcased the outstanding advocacy attorney Noel Tipon and the entire B&T trial team, including our investigators, our trial consultants, expert witnesses, paralegals, UH law clerks and secretarial staff. They pulled together as a team and did an extraordinary job.

In January 2012, an Air Force Reservist was driving to the airport on his way to reserve training at Lackland AFB, TX. Unbeknownst to him a motorist with a flat tire came to a complete stop in the fast lane of the freeway that had no shoulder so he was sitting in the flow of traffic. A Honolulu Police Department officer stopped his squad car behind the truck with a flat tire.

Moments later the defendant crashed into the back of the police officer’s vehicle with the police officer in it causing the truck to flip over and spin the squad car around. The initial impact killed the police officer. The car then burst into flames and the squad car was quickly engulfed in flames.

Two days later he contacted Attorney Noel Tipon and retained the firm to represent him. Mr. Tipon assisted the defendant through the initial arrest and bail process. The police investigation took over a year and a half to complete. The defendant was indicted for Manslaughter where he faced a maximum jail sentence of 20 years in State prison. The Prosecutor’s office put three different prosecutors on the case prior to trial before settling on one of the most experienced prosecutors from the Felony Trials Division.

The prosecutor pulled all the stops to stack the deck against the defendant to ensure a conviction. HPD pulled the airbag control module (sometimes referred to as the black box) from the defendant’s truck and downloaded the data. The data pulled was examined by experts in the HPD. The data indicated that the defendant was traveling at 83 mph at the time of the accident and that no brakes were applied prior to the crash. The prosecutors hired two different experts. One conducted an examination of the data pulled from the black box.

In an example of the prosecutors stacking the deck, they had the expert testify about a calculation the government expert did that put the defendant’s speed at 92 mph despite the data pulled from the black box. The other prosecution expert testified that the defendant’s truck was in perfect working condition and that there was no mechanical defect that could have caused the accident. The prosecutors called seven eyewitnesses, including the resident of a nearby apartment building who testified that he witnessed the crash from his 10th floor apartment.

The prosecutor’s case comprised of over 40 listed witnesses and took two weeks to complete. The trial took over a month to complete. Mr. Tipon cross examined all of the witnesses and exposed the holes in the state’s case proving that the defendant was not acting recklessly while driving.

The defense called an accident reconstruction expert who further scrutinized the police investigation. He testified that the same exact accident could have occurred had the defendant been driving 60 mph. Mr. Tipon, through the use of the expert, demonstrated that the fire that started after the crash was actually the result of a faulty design in the vehicle manufacturing. After a week of jury deliberations, the defendant was NOT GUILTY of Manslaughter of manslaughter and instead only found guilty of misdemeanor negligent homicide where the maximum penalty is one year in jail.

Result: Not Guilty of Felony Manslaughter, guilty of misdemeanor homicide in the 3rd degree (lowest lesser included offense).

Media Attention:

http://www.hawaiinewsnow.com/clip/12416111/driver-gets-misdemeanor-for-2012-crash-that-killed-officer?autostart=true

http://www.kitv.com/clip/12415608/ebert-convicted-on-misdeameanor

http://khon2.com/2016/05/05/man-found-guilty-of-negligent-homicide-in-fiery-crash-that-killed-police-officer/

http://www.staradvertiser.com/hawaii-news/witnesses-saw-speeder-right-before-fiery-crash/

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March 2016

Camp Schwab, Okinawa, Japan

Marine E-6

Charges: Sexual Assault of a Child, Sexual Abuse of Child, Lewd Act on a Child, Indecent Exposure, and Adultery

NCIS in Okinawa set up a large scale “To Catch a Predator” sting operation in which law enforcement placed a “F4M” ad on Craigslist. Once a military service member would respond to the ad and start chatting with the female (who was actually an undercover NCIS agent), the agent would tell the service member that she was only 14 years old and then have sexual text conversations with the service member – who did not know it was an undercover agent.

After these text conversations, some of which went on for months, the agent would invite the unsuspecting service member to come over to “her house” for sex. When the service member arrived at the house and went inside, the NCIS agents would arrest the service member. This sting operation netted over two-dozen service members across all branches of service in Okinawa, Japan who were criminally charged. The ranks ranged from E-2 through O-5.

Our client was one of the many Marines caught in this sting operation.

After being caught and arrested, our Marine provided a full confession to the alleged crime and gave NCIS authorization to search his cellular phone in order to obtain the text message conversations between him and the undercover. NCIS already had the text messages that were saved from their end of the conversation but essentially informed our client that they needed to search his phone to corroborate them. Our client provided the consent to search his phone for those messages.

NCIS then took our client’s phone and searched the entire phone, not just the messages associated with the sting operation. By searching the phone, NCIS learned that our client was also in a sexual relationship with an underage high school girl at Kadena High on Okinawa, Japan. That girl was later interviewed and she admitted that she was in a long-term sexual relationship with our client. NCIS obtained hundreds of pages of sexual text messages between the two of them.

Prior to being charged, an unbelievable twist to the case occurred. The undercover NCIS agent who was posing as a the minor during the sting operation with our client, actually contacted our client on social media, met up with him then the undercover NCIS agent actually had a sexual relationship with our client. This was discovered, she was investigated and she deleted the relevant text messages from her phone. She was later removed from her position.

The government charged our client with over ten pages of charges relating to the sting operation and to the actual sexual relationship with the high school girl. He was facing a mountain of evidence and a maximum sentence of over 100 years in prison.

Bilecki & Tipon was retained and we aggressively investigated the case, the nature of the sting operation and the nature of the relationship with the high school girl. We went after NCIS and filed numerous motions, including a motion to suppress the cell phone search, a motion to dismiss due to the agent deleting evidence from her phone and a motion to merge the charges.

Throughout this time period, Mr. Bilecki entered into tough negotiations with the government and was able to secure a pre-trial agreement with a limitation on confinement of only two years.

At the sentencing hearing, the military judge sentenced our client to fifteen (15) years and six (6) months. Because of the outstanding pre-trial agreement, thirteen (13) years and six (6) months of that sentence was reduced and the approved sentence was only two years.

We did not stop there; Bilecki & Tipon filed an additional motion for Article 13 credit based on our client’s year on class Charlie liberty restriction up on Camp Schwab, Okinawa. We won this motion and were awarded an additional 321 days of confinement credit.

Result: Sentenced to 15 years and 6 months. Client will serve less than one year.


March 2016

Honolulu, Hawaii

Civilian – Marine Dependent

Charges: State Court Temporary Restraining Order (TRO) hearing

Our client was given a TRO after allegations were made that she was harassing a neighbor and the neighbor’s child. Bilecki & Tipon, LLLC was retained with the objective of getting the TRO dismissed.

Mr. Bilecki thoroughly investigated the case and was prepared to call over a half dozen witnesses at the hearing to dispute the numerous allegations made against our client. Prior to the hearing, a pre-trial conference was held and petitioner agreed to dismiss the TRO against our client without prejudice.

Result: Temporary Restraining Order (TRO) dismissed


March 2016

Honolulu, Hawaii

Civilian

Charges: State Court Temporary Restraining Order (TRO) hearing

Our client was given a TRO after a domestic altercation in which a fight broke out and the petitioner received a broken nose. Honolulu Police were called out and a TRO was issued against our client.

Bilecki & Tipon, LLLC was retained with the objective of having the TRO dismissed in court. After conducting a thorough investigation into the matter, Mr. Bilecki met with witnesses and after the meting, petitioner agreed to dismiss the TRO against our client.

At the TRO hearing, petitioner followed through with his agreement and the TRO was dismissed without prejudice.

Result: Temporary Restraining Order (TRO) dismissed


March 2016

Navy (location undisclosed)

Navy Officer (rank undisclosed)

Allegations: Sexploitation (EXTORTION ATTEMPT AGAINST OUR CLIENT)

Our client was a Naval officer who was receiving threats from someone online claiming they were a family member of a minor he allegedly solicited for sex. There was no merit to the allegations. After receiving this threat, he and individuals close to him were continually threatened with legal action and other physical harm in an elaborate international scheme to extort him for money.

This officer contacted our office for assistance and we partnered with Kiamalu Consulting and Investigations to conduct a full investigation and threat assessment. After putting in hundreds of hours into the case, including email tracing, ip tracking, threat assessments, business record reviews, NCIS and other governmental coordination, we determined the nature of the threats, the individuals behind the threats and tracked them back to both Australia and Nigeria.

Kiamalu Investigations, with coordination and legal advice from our office, took extensive steps to track the source of the scammers, exposed them and stopped the harassment, threats and extortion.

After locating and containing the threat, Mr. Bilecki and Mr. Moores of Kiamalu flew to and undisclosed foreign country to meet with the NCIS officer in charge of these particular cyber security threats and worked in coordination with NCIS to ensure that the extortion attempts stopped and that the NCIS case against our client was closed.

After the extensive meeting, NCIS closed the case against our client. The extortion attempts were stopped.

Result: CASE CLOSED BY NCIS, INTERNATIONAL SCAM ARTISTS IDENTIFIED AND EXTORTION ATTEMPTS STOPPED


February 2016

Naval Base Guam

Navy E-3

Charges: Sexual Assault

Our office was retained on a consultation basis to review the evidence against the accused and advise the detailed military counsel on trial strategy. Mr. Bilecki reviewed the evidence, discovery; witness interviews and also conducted an independent investigation into the matter. After doing so, Bilecki & Tipon, LLLC acted in a consultation role and worked with the Navy detailed military counsel to discuss trial strategy and best courses of action.

The case was concluded by the accused accepting a pre-trial agreement to lesser-included assault offenses and all sexual assault related charges being dismissed.

Result: All sexual assault related charges dismissed, plea of guilty to lesser-included offense of assault. 90 days confinement and bad conduct discharge. No Sex Offender Registration


February 2016

Marine Corps Base Hawaii, Kaneohe, Hawaii

Marine E-3

Charges: Solicitation of a Minor, Child Pornography, Drug Distribution

The case demonstrates that there are times when negotiating a winning pre-trial agreement is in a client’s best interest. Our client was a LCpl in the Marine Corps and met a girl online though a dating app. The girl was under 16 years old and the extensive chats between our client and the girl clearly confirmed that she was not hiding her age and the Marine was aware that she was a minor. However, no sexual intercourse occurred, only sexting and the exchanging of sexually explicit photographs and videos. The girl’s mother found the text messages from our client and informed NCIS, who conducted an investigation.

After being interrogated by NCIS, our client gave a full confession.

While pending trial, our client was then named and investigated as a major player in an Ecstasy distribution ring at Marine Corps Base Kaneohe Hawaii. After the subsequent investigation for drug distribution, the government added additional drug related charges against our client.

Even up against an untenable set of facts and piling evidence against our client, Mr. Bilecki did not relent. Taking a hardline stance, he began negotiating with the government for a pre-trial agreement while always preparing to go to trial. Our client was facing well over 50 years in prison and the government wanted significant confinement time. After a tough and relentless negotiation, Mr. Bilecki worked a deal in which our client would plead guilty to various charges against him in exchange for a cap on his confinement of 12 months – which is almost unheard of given the charges.

At the sentencing hearing, the military judge sentenced our client to five (5) years confinement and a dishonorable discharge. With the pre-trial agreement in place, our client’s sentence was reduced to only 12 months, saving him nearly 4 years of prison time.

Result: Military Judge Sentenced Accused to 5 Years Confinement, Pre-Trial Agreement Reduced Confinement to 12 months.


January 2016

Schofield Barracks, Hawaii

Army E-5

Charges: SHARP, Sexual Assault, False Official Statement

Our client was charged with multiple specifications of sexual assault after his former girlfriend accused him of having sex with her while she was too intoxicated to consent.

In this case, our client was in a romantic relationship with another Soldier in his unit and broke up with her after a night of sex and drama after a Halloween party. After the breakup, the alleged victim became interested in our client’s friend, and would make sure our client was aware of her newfound interest.

In December, less than two months after the breakup, the alleged victim invited our client and his friend (the one she was interested in) to drink at her barracks room. Inside the barracks room, the Soldiers used their phones to make videos of each other throughout the night. These videos would become a key piece of evidence.

These videos depicted the so-called victim flirting with our client’s friend as well as with our client, instigating sexual conversation and plying the two male Soldiers with alcohol. Towards the end of the night, after flirting with the two male Soldiers, the alleged victim took our client’s and the other Soldier’s hand and placed it on her private areas and made several sexually charged statements to them. After this touching, the video was turned off and the alleged victim said, “it’s bath time.” The next video depicted the alleged victim naked in her bathtub with our client and his friend. They were acting, we can say, comfortable with each other.

After the bath, the video turned off and the three of them engaged in fully consensual sexual acts in her barracks room. The following morning, the group watched the videos and thought nothing of it. Later, the alleged victim made an allegation of sexual assault against our client, claiming that she was “blacked out” and was too intoxicated to consent. Interestingly enough, she never made an allegation against the other Soldier. She then used that allegation to get medically (honorably) discharged out of the Army and draw a sizeable paycheck for the “trauma” the incident caused her.

Our client was later called into CID on numerous occasions and after being lied to by the CID agents regarding a polygraph he took, they obtained a “confession” from him. After this bogus “confession” was taken, Bilecki & Tipon were retained to try the case.

Our office conducted a complete investigation and exposed during trial that the facts our client “confessed” to were not supported by the physical or forensic evidence in the case, that CID was able – by coercive interrogation tactics – to get out client to admit to things that simply never happened.

The B&T team brought on Dr. Kelly Goodness, one of the country’s leading forensic psychologists to consult with the defense team on the dynamics of a false confession and on the impact of alcohol on the memory and blackouts.

Mr. Bilecki tried the case and absolutely demolished the government’s case from jury selection to closing statement.

The jury deliberate for approximately 3 hours and fully acquitted our client.

Result: FULL ACQUITTAL – NOT GUILTY OF ALL CHARGES AND SEPCIFICATIONS


January 2016

Yongsan Army Base, Korea

Army E-4

Charges: Three Victim Stabbing - Aggravated Assault with Intent to Inflict Grievous Bodily Harm

In this Korea court martial case, our client, an 8th Army Soldier, was charged with stabbing three individuals at the UN Club in Itaewon, Korea.

He was at the club when his battle buddy got jumped by a group of thugs and was getting beat down inside the club. Our client pulled a knife and took out the guys who started the brawl, saving his friend from a serious beating.

He was subsequently charged with the three stabbings. We utilized the CCTV footage from the club, along with other evidence and testimony, to show that his actions were done in self-defense and self-defense of another.

Essentially, he reasonably feared his friend was in danger of loss of life or grievous bodily harm and used the force necessary (a knife in this case) to defend his friend.

The jury deliberate for approximately 5 hours and fully acquitted our client.

Result: FULL ACQUITTAL – NOT GUILTY OF ALL CHARGES AND SEPCIFICATIONS


January 2016

Marine Corps Base Hawaii, Kaneohe, Hawaii

Marine E-6

Charges: Sexual Assault of a Minor

In a case tried and won by Mr. Noel Tipon, our client was charge with sexual assault of a minor after having sex with a girl he met on “Tinder”. This case shows with absolute certainty that you have to be extraordinarily careful with who you meet and hook up with on dating Apps.

Our Marine met the alleged victim using the App “Tinder” where she listed herself as an 18-year-old female who was interested in military men. The two exchanged information, went out with each other and had sex. While meeting up, the alleged victim did not disclose her real age to our client and dressed and acted in a manner more consistent with someone in her twenties than in her mid-teens.

After the alleged victim’s mother found out her daughter was hooking up with a US Marine, she became upset and contacted law enforcement. After the investigation, our client was charged and Bilecki & Tipon, LLLC were retained.

The case went to a jury trial and Noel Tipon absolutely crushed it, conducting a blistering multi-day cross-examination of the alleged victim, exposing that she intentionally misrepresented and lied about her age and that she had done this same thing with numerous other military men. The jury agreed that our client got duped and that he was the real victim in all of this.

The jury deliberated for less than six hours and fully acquitted our client.

Result: NOT GUILTY OF ALL CHARGES AND SEPCIFICATIONS


January 2016

Schofield Barracks, Hawaii

Army E-4

Charges: Aggravated Assault with Intent to Inflict Grievous Bodily Harm

Our client was charged with assault with intent to inflict grievous bodily harm after several domestic disturbances between himself and his family members. The case was investigated by Army CID and other agencies who were able to document injuries to the alleged victim.

After charges were preferred, Mr. Bilecki negotiated a deal in which the government would dismiss all charges if our client would agree a Chapter 10 (administrative separation from the Army)

Results: All Charges Dismissed in Exchange for Administrative Separation Under Chapter 10.


December 2015

Camp Zama, Japan

Army O-5

Charges: BAH Fraud

Detailed facts of case withheld due to ongoing litigation with ABCMR over GOMOR removal.

Lieutenant Colonel promotable was given a GOMOR for alleged BAH fraud and the GOMOR the permanently filed in officer’s OMPF. This resulted in being taken off the O-6 promotion list and an HRC Board of Inquiry (BOI) followed.

Mr. Bilecki was retained to represent this officer at the BOI at Camp Zama, Japan. At the BOI, Mr. Bilecki devastated the government’s case and exposed that not only was a certain member of the Camp Zama, Japan finance office incompetent, he proved that our client had absolutely no wrongdoing in the matter and was actually underpaid – not overpaid.

After deliberations of less than one hour, the BOI members unanimously found that our client committed no misconduct. The GOMOR should not have been placed in her file to begin with. She was subsequently retained in the Army.

We are currently seeking to remove this GOMOR via the DASEB and restore our client’s promotion to COL with appropriate back pay.

Update to follow.

Result: BOI UNANIMOUSLY FOUND NO BASIS FOR MISCONDUCT. OFFICER RETAINED IN THE ARMY


October 2014

Schofield Barracks, Hawaii

Army 0-3

Charges: Sexual Assault on a minor

Our client was an Army captain who was falsely accused by his 15-year-old stepdaughter of sexually assaulting her. In this high-profile Army case the government brought everything it had to try to obtain a conviction. Initially, the evidence looked overwhelming because our client's semen DNA was mixed with his stepdaughter's DNA on her blue polka-dot blanket. It looked, at first to be the unwinnable case. Our law firm was hired immediately and both Mr. Bilecki and Mr. Tipon were on the case. We brought in a team of our best investigators to get to the bottom of what really happened. We took the case to trial and discovered that the crime scene was completely contaminate, evidence may have been planted at the scene by CID and the alleged victim had a motive to fabricate and a lengthy history of fabricating allegations. After dominating the trial and telling our client's story of innocence, the jury fully acquitted our client.

Result: NOT GUILTY OF ALL CHARGES AND SEPCIFICATIONS

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August 2014

Schofield Barracks, Hawaii

Army E-7

Charges: Wrongful Sexual Contact x 3 Alleged Victims

Our client was a combat veteran who was falsely accused by three separate individuals of alleged sexual contact while deployed to Afghanistan. The odds seemed overwhelming, especially when they were three separate female Soldiers who accused our client of seemingly identical alleged assaults.

CID tried everything, except to actually look for the truth. In this case they interrogated our client for nearly 10 hours but finally gave up when they couldn't get what they were looking for. Bilecki & Tipon, LLLC worked directly with Kiamalu Investigations to uncover why the allegations were being made. At trial, Mr. Bilecki devastated the alleged victims' story through hardnosed cross-examination which expose that the accusers were friends, had a motive to take out our client and essentially made the allegations against our client before he reported their own significant misconduct. Despite the governments and law-enforcement best efforts, our client was acquitted of all charges and specifications at trial.

Result: NOT GUILY OF ALL CHARGES AND SPECIFICATIONS

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September 2013

Schofield Barracks, Hawaii

Army – E-4

Charges: Sexual Assault, Forcible Sodomy, Simple Assault

An Army E-4 was facing near-insurmountable charges of sexual assault, forcible sodomy, and simple assault. Two military TDS lawyers—both women—had been tasked with his defense, and both recommended he take the government's plea deal. This deal would have resulted in a federal conviction, jail time and dishonorable discharge. The accused E-4 believed he could fight the charges and hired Mr. Tipon to fight for his rights.

The Bilecki & Tipon team quickly learned that the accused and the alleged victim had dated for a year and had maintained an ongoing sexual relationship. When the accused Army E-4 refused to "take the relationship to the next level," the alleged victim fabricated allegations of rape. The rape, according to the accused, had occurred in the middle of their relationship, rather than at the beginning or the end. But it was only after the Army E-4 declared his intentions to start seeing other people that she brought the allegations forward to the authorities.

The government immediately put three of its best prosecutors on the case, one of whom was a Special Victim's Prosecutor and a "highly qualified expert" to bolster the prosecution team. The government also hired a clinical psychologist who was a tenured professor at Cal. State Fullerton to testify at trial.

During the course of the trial, the government of the United States refused to take reasonable efforts to subpoena exculpatory Facebook messages. This evidence was critical to the defense because after the relationship ended, the alleged victim sent several Facebook messages to the accused begging him to have sex with her "one last time." The accused rebuffed her requests, prompting the scorned lover to go to the authorities with accusations of rape.

The alleged victim claimed that the accused's alcohol use caused her to freeze up during sex on one particular occasion. In her “frozen” state, the accused had sexual relations with her which she declared was against her will. Strangely, this event occurred in the middle of the relationship, when both individuals were seemingly content. Furthermore, it seemed odd that she was bringing up these allegations now, shortly after the accused broke off the relationship.

Regardless of the strange nature of the case, the government pressed ahead with an A-team of prosecutors and experts. This amount of firepower would have been insurmountable for the TDS lawyers—but not for Mr. Tipon.

First, Mr. Tipon managed to get the defense’s own expert psychologist to assist the defense through a blistering cross examination. When evidence of a “confession” was brought to trial, Mr. Tipon destroyed its credibility, showing how CID had interrogated the accused for seven hours straight. Mr. Tipon decided to show two hours of the interrogation despite heavy opposition from the prosecutors as well as encouragement by the TDS lawyers and even the judge not to show it. Mr. Tipon was vindicated however when the jury acquitted Mr. Tipon’s client of all charges and specifications.

Result: Client Found Not Guilty of All Charges After Fully Contested Jury Trial


September 2013

Yongsan, Korea

Army E-5

Charges: Sexual Assault

A Soldier was accused of sexual assault after having consensual sex with another Soldier after a night of drinking at "the ville." On a Friday night, the E-5 went drinking with his buddies and met up with another female Soldier from his unit. They drank alcoholic beverages throughout the night at various bars and went to a barracks room post-curfew after-party. At the party, the alleged victim continued drinking and was making out with another female Soldier in front of the accused. As the party wound down, the accused Soldier, the alleged victim and the girl she was making out with all left together and went back to the alleged victim's barracks room.

In the barracks room, the E-5 and the alleged victim were sitting in bed together, and she was flirting with him. The other female [that the alleged victim had been kissing earlier] noticed this and decided to leave the two of them together. She turned out the light and left the room.

After the E-5 and the alleged victim were alone in the room, they began kissing, and she helped take off her jeans and panties. The two had fully consensual sexual intercourse. After the sex, the accused left the room.

Nearly six months later, when the alleged victim was being counseled for her poor duty performance and learned that she could be chaptered out of the Army, she reported the alleged rape. During the counseling session, she began crying and stated that her poor performance was due to the alleged sexual assault six months earlier.

After allegations were made, Mr. Bilecki was retained and investigated the case. At the Article 32 hearing, the alleged victim admitted that she kissed our client while in bed, that she helped him take off her clothes and that she understood how he could have gotten the impression that she wanted to have sex with him. Even with that testimony, the government marched onward and referred the charges to trial.

One month prior to trial, the defense submitted a Chapter 10 [request for discharge in lieu of trial] because there were concerns that the client could still get convicted of adultery [he was married] and false official statement. Mr. Bilecki prepared for jury selection and the exoneration of his client and traveled thousands of miles to Korea for the trial. One day before trial the government waived the white flag and approved the Chapter 10. All charges were dismissed, and the client did not have to face trial. He will be administratively separated from the Army.

Result: Chapter 10 in Sexual Assault Charges Approved the Day Before Trial. No Federal Conviction. No Sexual Offender Registration.


August 2013

Kaneohe Bay, Hawaii

Marine Corps E-3

Charges: 7 Alleged Victims - Child Sexual Assault, Sexual Assault (multiple alleged victims), Video Recording Sexual Acts without Consent, Use of Narcotics, Making Threats.

A Marine was accused of sexually assaulting his stepdaughter, making over 37 hours of sex videos without the other participants consent, sexually assaulting two females, using drugs, and making threats to the alleged sexual assault victims.

In an incredibly complicated case where all of the evidence seemed insurmountable, Mr. Bilecki, and his team of investigators and military defense counsel took the case head on and battled the government relentlessly.

After a difficult trial against a mountain of evidence, Mr. Bilecki's client was found, Not Guilty on the majority of the most serious charges, including the child sexual assault, one of the sexual assaults, and the threats. The accused received a conviction for production of the videos, one specification of forcible sodomy, which was documented on video, and he pled guilty to the drug charges. The government originally sought 20 years confinement and a dishonorable discharge, but the Marine was sentenced to only 24 months confinement and a bad conduct discharge.

Result: Government Sought 20 Years and a DD, sentenced to 24 months and a BCD


August 2013

Camp Humphreys, Korea

Army E-8

Charges: Assault on a Female Officer, Drunk and Disorderly Conduct

A male company First Sergeant was accused of punching his female 1LT Platoon leader and slapping another female PFC while drinking at an on-post bar at Camp Stanley, Korea.

After Mr. Bilecki was retained and began his investigation, it became apparent that the story of what actually occurred at the bar that evening was substantially at odds from what the two females alleged. The investigation revealed that the female Lieutenant and the female PFC who were allegedly punched and slapped were, in fact, fraternizing with each other prior to the alleged assault. The defense further revealed that the other seemingly unbiased witness to the assault, another female E-6, also had an improper relationship with the two females in the bar.

It turned out that the government's three seemingly unrelated witnesses were actually all close friends and all having an improper relationship with each other. Also, even though the company First Sergeant was accused of punching a female Lieutenant and slapping a PFC in the middle of a bar full of Soldiers, no one at the bar saw incident.

At trial, the defense highlighted the fact that, of the 30 plus known soldiers at the bar, the only witnesses were the three females, all of whom were in improper relationships with each other. In addition, the defense also showed that the bar was extremely crowded that evening, and the accused got bumped into by one of the two Soldiers alleging assault, and responded by pushing off to clear the space and may have made inadvertent contact with one of the alleged victims. The allegations by the accused grew from that point. Mr. Bilecki had the defendant take the stand in his own defense, who was fully acquitted by the jury.

Result: Full acquittal, not guilty of all charges and specifications


August 2013

Guam

Navy E-3

Charges: Drug possession and use

A Sailor stationed in Guam learned he was under investigation for use and possession of Spice and immediately retained the services of Bilecki & Tipon to intervene with the goal of keeping the government from preferring charges against him. Mr. Bilecki worked the case, and after several months of investigation by both the government and the defense, the government elected not to bring charges.

Result: Client Not Criminally Charged. No Federal Conviction.


August 2013

Fort Irwin, CA

Army E-8

Charges: Sexual Assault / Rape by Force

This case serves as an ominous example of why law enforcement (CID or NCIS) should not be trusted and no statement ever provided to them.

A Soldier was charged with a sexual assault that occurred in Iraq several years prior and was brought to light after the alleged victim changed her report from unrestricted to restrict.

Believing it was in his best interest, and without the benefit of legal counsel, the E-8 submitted to a law enforcement interrogation where for hours he maintained his innocence. Not accepting his story, and assuming he was lying, CID offered the Soldier a polygraph. The accused Soldier took the polygraph test, and while the results were inconclusive, CID blatantly lied to the Soldier, saying he failed the polygraph. After six hours of interrogation and being told over and over that his situation was hopeless because "machines don't lie," the Soldier admitted to the alleged sexual assault. Following the admission, CID closed the case, and the accused Soldier was prosecuted.

The accused Soldier retained Mr. Bilecki after the Article 32 hearing and faced an uphill battle given his admissions to CID. At trial, the defense attempted to show that the alleged victim was utilizing the court-martial system in order to substantiate her retirement medical benefits for a military rape trauma syndrome. The defense attacked the case from every angle, but the panel could not get over the Soldier's admission to CID and ultimately convicted him.

The defense alleged that, during the trial, the prosecution failed to turn over exculpatory evidence and will appeal the case on Brady violation issues. That notwithstanding, this case sets an example of why service members need to be suspect of law enforcement when they are facing allegations of sexual assault and to contact a qualified attorney at the earliest possible opportunity. Speaking to law enforcement without the benefit of an attorney can have dreadful consequences.

At sentencing, the government asked the jury to confine the accused for 15 years. Bilecki presented a compelling sentencing case and the jury ultimately sentenced our client to six years confinement and a dishonorable discharge.

Result: 6 Years Confinement and Dishonorable Discharge.


July 2013

Camp Casey, Korea

Army O-3

Charges: Conduct Unbecoming an Officer, Fraternization, Adultery, Patronizing Prostitutes

A company Commander in Korea's Area I was investigated for fraternization, adultery, patronage of prostitutes in the Philippines and in "the ville," violating local policy by having an off-post residence, and conduct unbecoming an officer.

The accused retained Mr. Bilecki early in this case, during the initial AR 15-6 Investigation. After the initial investigation, Bilecki conducted an extensive investigation and learned that nearly all of the allegations stemmed from three young Lieutenants who had an axe to grind with their company commander.

Based on its investigation, Mr. Bilecki drafted a lengthy AR 15-6 rebuttal. Both the AR 15-6 investigation and the rebuttal were submitted to the Commanding General, who elected not to bring criminal charges against the accused for the numerous offenses, but instead gave him a General Officer Article 15 for some, but not all, of the allegations against him.

Undaunted, the defense further investigated the case and drafted a lengthy rebuttal memorandum with supporting evidence to the General Officer Article 15. The CG conducted the Article 15 over a period of two days and at the conclusion of the hearing, withdrew the Article 15 in its entirety and instead gave our client a General Officer Letter of Reprimand.

Mr. Bilecki continued the fight and drafted rebuttal matters to the GOMOR. After the GOMOR, elimination actions were initiated, and the defendant went through an Officer Board of Inquiry. Mr. Bilecki traveled to Korea to defend his client, who still faced an Other Than Honorable Discharge. Mr. Bilecki treated the hearing as if it were a trial, taking testimony over a three-day period. At the conclusion of the board, all allegations but one were unsubstantiated, and the officer received an Honorable Discharge.

Result: Honorable Discharge. No Federal Conviction


July 2013

Camp Henry, Korea

Army E-4

Charges: Male on Male Sexual Assault

A Soldier stationed in Korea was accused of sexually assaulting and harassing another male Soldier in his unit. Given that the case was an alleged male on male sexual assault; his Command immediately treated the accused as guilty.

After Mr. Bilecki was retained, he conducted an in-depth investigation into both the allegations and the alleged victim in this case. It became immediately apparent that the alleged victim had an extensive motive to fabricate the allegations and our investigation showed that the alleged victim's claims were grossly exaggerated. Mr. Bilecki used evidence from the firm's investigation to convince the prosecution not to charge the client. This strategy worked, and the case was resolved with a General Officer Letter of Reprimand (GOMOR).

Result: Sexual Assault Charges Resolved with a Letter of Reprimand. No Sexual Offender Registration.


June 2013

Schofield Barracks, HI

Army E-5

Charges: Male on Male Sexual Assault

This case represents a prime example of how Judge Advocates, Commanders and Convening Authorities often lack the backbone to challenge bogus claims of sexual assault refuse to prosecute baseless allegations.

This case began with a patently false allegation. After the alleged victim falsely alleged that Mr. Bilecki's client had sexually assaulted him and was the unwilling recipient of gay anal sex, charges were preferred against the accused. After charges were preferred and evidence collected, DNA was collected and sent to the lab for testing. The results showed that the alleged victim's semen was found in the accused anus!

The astounding DNA lab results proved that it was actually the "victim" that was the aggressor, rather someone who was drunk, passed and had anal sex forced upon him by another man. The DNA results made it clear, the "victim" had sodomized our client, who was likely the one who was drunk and victimized.

Despite the overwhelming forensic evidence that destroyed the government's case, the "victim's" credibility and the integrity of the government's charging decision, the prosecutors marched blindly forward and took the case to trial.

The government denied Mr. Bilecki's request for a defense DNA expert, even though they flew their own expert out to the trial from Georgia to try to explain the findings. Fortunately, our client had the financial resources to retain one of the nation's leading DNA experts to assist the defense and confirm the findings.

Instead of accepting the fact that our client was falsely accused and wrongfully charged, the prosecution changed their case theory. They now claimed:

  • The "victim" was straight, notwithstanding that he and the accused were watching gay porn together in the barracks room moments before the sex occurred.
  • The alleged victim passed out on our client's bed, drunk from consuming three beers.
  • Our client was able to take off the "victim's" pants and underwear, masturbate the alleged victim until he obtained an erection, and then place the alleged victim's erect penis into his anus without waking the alleged victim.
  • Then, remarkably, the prosecution claimed that the accused was able to continue anal sex from the above position until the alleged victim ejaculated into the accused anus, which woke the alleged victim from his three-beer drunken stupor.

The case was so ridiculous it wouldn't pass the laugh test, but the government still went forward to trial with their theory, thinking, or hoping, that it would explain how the alleged victim's semen was found in the accused's anus.

Despite this incredulous madness, the defense was steadfast in its investigation of the "victim" and obtained forensic data from the alleged victim's cellular phone, including quite a bit of homosexual pictures. The call record showed that he was making phone calls and texting the entire night, even after the time he claimed he was passed out drunk from three beers.

Mr. Bilecki, relentless throughout the trial, exposed both the alleged victim as a liar, and the government as biased abusers of the accused's constitutional rights for taking a case to trial that should have never seen the inside of a courtroom. The military jury saw right through the government's case and acquitted Mr. Bilecki's client of all charges and specifications.

To hear Mr. Bilecki's passionate and winning closing argument to the jury, click here.

Result: Full Acquittal, Not Guilty of All Charges and Specifications


May 2013

Schofield Barracks, HI

Army E-6

Charges: Sexual Assault

A Soldier was charged with sexual assault for allegedly forcing his penis into the mouth of a married dependent of another Soldier, and the charged Soldier retained the legal services of Mr. Bilecki. After an extensive investigation by Mr. Bilecki and his team of investigators, it became apparent this was yet another case of a false allegation of sexual assault that should not be prosecuted.

This case began when the Soldier was drinking with a woman, and the two of them ended up drinking at the house of the alleged victim, who was a friend of the woman with our client. While drinking at the house, it became apparent that the alleged victim, who was married, was in an abusive relationship with her husband who was in the house.

Throughout the night, Soldier witnessed the alleged victim's husband (who is a Soldier and now incarcerated) physically abuse the children in the house and then attempt to punch his wife [the alleged victim] in the face. After witnessing the abusive husband, Mr. Bilecki's client and his female friend and the alleged victim and abused wife left the house to continue drinking at the home of the defendant's friend.

The three continued to drink that evening, and multiple times that night, the abusive husband came over to the house and threatened his wife with violence. Each time, defendant intervened. By early morning, all three individuals were fairly intoxicated. The wife of the abusive Soldier started kissing our client, and grabbing his crotch area and performed oral sex on him. After the oral sex, the two fell asleep in the living room.

The next morning, the alleged victim, who had performed oral sex on our client the night before, went home to her husband and but did not tell him, probably for a valid reason, that she fooled around on him the night before. The next day, worried that her husband might find out that she was not faithful and fearful that he might physically abuse her if he found out, she made the allegation that she was sexually assaulted.

After the allegation, CID conducted their investigation and determined that the alleged victim's DNA was found on the inside crotch of the underwear the defendant wore that evening. The defendant had also made a statement to law enforcement, prior to retaining Mr. Bilecki, admitting that the alleged victim performed oral sex on him.

Given the evidence available, Mr. Bilecki and his team investigated the case seeking evidence that the oral sex was consensual and that the alleged victim was fabricating the story because she was fearful of her abusive husband.

By utilizing the information the investigators obtained, the defense showed, at trial, that the victim's allegations were motivated by her fear of her husband and that her story did not match up with the physical evidence in the case or the evidence obtained by the defense investigators.

At the close of the case, the jury fully acquitted the Soldier, finding him not guilty of all charges and specifications. Interestingly, only days after the verdict, the alleged victim made allegations that her abusive husband also sexually assaulted her. He was later prosecuted and received two years in confinement.

To listen to Mr. Bilecki's closing argument the jury in this case, click here.

Result: Full acquittal, not guilty of all charges and specifications


May 2013

Camp Lester, Okinawa

US Navy E-3

Charges: Sexual Assault

A Navy Corpsman stationed in Okinawa was charged with sexually assaulting a female Marine on the couch of the barrack's dayroom after a night of drinking and partying in Naha, Okinawa.

The alleged victim was married at the time to another Marine, and when it appeared she might get caught by her husband or by the Marine Corps, she claimed that she was sexually assaulted by the Corpsman.

This is another case where a young service member thought he could talk his way out of trouble by giving his side of the story to NCIS, believing they actually cared about finding the truth.

The Corpsman submitted to an NCIS interrogation and made admissions to touching the alleged victim over her clothes after falling asleep on her lap while watching a movie. Regardless of the fact that there was no actual sex between the Sailor and the Marine alleged victim because she stated that she was intoxicated, it was all eyes on the accused and none on the accuser. The Sailor was criminally charged with sexual assault and no action whatsoever was taken against the married female Marine.

Given the admissions made to NICS, as well as the potential requirement to register as a sex offender if convicted at a court-martial, Mr. Bilecki was able to negotiate a deal where the prosecution agreed to withdraw all of the charges against our client in exchange for a Summary Court Martial and an Administrative Separation Board waiver. This allowed our client to walk away from the charges, and the Navy, without a conviction or sex offender registration.

RESULT: Sexual Assault Resolved at a Summary Court Martial. No Federal Conviction. No Sex Offender Registration


May 2013

Deagu, Korea

Army E-6

Charges: BAH Fraud, False Official Statement

This was an extremely complex BAH fraud case that involved years of investigation, over a half dozen trips to Korea, and depositions in Atlanta, Georgia and Pensacola and Tampa, Florida. After a hard-fought battle between Bilecki and the prosecution, the government dismissed all charges and specifications prior to trial.

Unhappy with the government's inability to obtain a conviction in a BAH fraud case that had taken on notoriety in Korea, the Command attempted to separate Mr. Bilecki's client through an Administrative Separation Board for the same charges they dismissed prior to trial.

Mr. Bilecki remained relentless in his dedication to the client and traveled back to Korea, something he had done over a half dozen times prior in this case, and represented the Solder at the Administrative Separation Board. At the conclusion of the Board, which was more like a trial, the Board members refused to separate our client and retained him in the Army. Mr. Bilecki was finally able to exonerate his client after a multi-year battle with the government.

Result: All Charges Dismissed Days Prior to Trial. No Federal Conviction. Retained at Separation Board


April 2013

Schofield Barracks, HI

Army E-4

Charges: Sexual Assault of a Minor

An Army Specialist was charged with sexual assault of a minor after he hooked up with his friend's 15-year-old daughter at a redeployment party. This was a case that, initially, looked nearly impossible to win.

In cases involving a minor, who the UCMJ defines as someone under the age of 16, neither consent, nor mistake of fact as to consent, are defenses. Under the law, if you are under 16 years of age, you cannot legally consent to having sexual intercourse with an adult. Here, the defense focused directly on the defense of 'mistake of fact as to age', as opposed to, 'mistake of fact as to consent'.

At trial, we showed the panel that the alleged victim, who was an active and willing participant in the sex, appeared much older than 15 years of age; she dressed as an adult, was at a party full of adults, was pouring alcohol for adults and held herself out to be over the age of 16. In addition, Mr. Bilecki brought to light that the alleged victim's parents never discussed their daughter with our client and never introduced her as such.

While the jury probably disliked that a twenty something year old had sex with a 15 year old dependent of a Soldier, the law clearly states that if the accused has a reasonable mistake of fact as to her age – that he believed she was 16 or older – he cannot be found guilty of statutory rape. After nearly a week of trial, the panel found our client, Not Guilty of all Charges and Specifications.

Result: Full Acquittal, Not Guilty of all Charges and Specifications.


April 2013

Schofield Barracks, HI

Army E-4

Charges: Sexual Assault

A Military Police Officer was charged with having sex with a girl who claimed she was too drunk to consent, and the MP retained Bilecki & Tipon, LLLC

Following a house party held by fellow Marines, the MP, a member of a muscle car club on Oahu, ended up hooking up with the car club president's fiancé.

In this case, the alleged victim was flirting with the MP throughout the night, dancing with him and coming on to him. She was seen toward the end of the night walking up the stairs to one of the bedrooms, and our client was seen following her. Once inside the bedroom, the two made out and had consensual sex. She became alarmed when the MP client ejaculated inside of her. She got upset and left the room. Worried that her fiancé, the president of the muscle car club, might find out she cheated on him, she claimed rape. As part of her claim, she alleged that she was so drunk that she was passed out, could not consent and could not take any accountability for her actions.

The text messages and phone records uncovered by Bilecki investigators told a different story. Even though she claimed to be passed out drunk the night she hooked up with the MP, she made dozens of phone calls and text messages throughout the night which clearly showed that she was not passed out.

At trial, Mr. Bilecki conducted a hard-nosed cross examination of the government witnesses and showed the jury that the alleged victim was not drunk, but rather had fabricated the sexual assault allegation so that her fiancé would not discover she had cheated on him. The jury found our client, Not Guilty of all Charges and Specification.

Result: Full acquittal, Not Guilty of All Charges and Specifications


March 2013

Hickam AFB, HI

Air Force E-3

Charges: Conspiracy and Larceny of over $10,000 of Government Property

In this case, the government believed an Airman to be the mastermind behind a large-scale larceny ring responsible for the theft of over $10,000 worth of items from the NEX. Unfortunately for the client, a CCTV showed him switching price tags on items, and he and his fellow Airman were stopped and questioned by NEX security. The Airman wisely invoked his rights, but his buddy was not as street smart and provided statements incriminating the Airmen. Those statements led investigators to an extensive investigation into a large-scale conspiracy and larceny operation amounting to over $10,000 of stolen property.

Law enforcement pressured numerous other involved Airmen involved, who eventually snitched on the defendant. Despite what appeared to be damning video evidence, and extensive snitch testimony, Mr. Bilecki's client refused to be an informant and snitch, turned down all deals to plead guilty and the case went to trial.

Prior to trial, Bilecki has his team of investigators conduct extensive background investigations into the snitches, and learned that several of them had criminal records, and also that they sold narcotics and were involved in other criminal conspiracies.

At trial, the powerhouse Bilecki team essentially put on a clinic on how to cross-examine snitches and exposed the government informants as liars whose testimony was bought through immunity and promises of leniency. At the end of the trial, the Airman was found not guilty of all of the felony charges against him, and only found guilty of stealing, and conspiracy to steal, a Polo shirt. He received a one-grade reduction and a reprimand and no punitive discharge.

Result: Not Guilty of All Serious Charges, Guilty of Shoplifting one Polo Shirt. Sentenced to a Reprimand, One Grade Reduction and a $119 fine. No Punitive Discharge.


February 2013

Camp Hansen, Okinawa, Japan

Marine Corps E-3

Charges: Possession of Child Pornography, Sexual Assault, Theft of Women's Panties

A male Lance Corporal in the Marine Corps was found passed out in the day room of his barracks with a pair of female panties covering his genitals. Interestingly, one of the female Marines who found him in the day room was actually the owner of the panties. This, of course, caused a stir, and the First Sergeant was notified, and a command authorization to search his room was given.

The search uncovered dozens of pairs of panties hidden in the Marines room. The Command then conducted a "panty lineup" and had all of the females in the Barracks identify their panties, the majority of which turned out to be stolen from the laundry room. After the panty line up, our client was called into the Commander's office where he confessed to stealing many of the panties from the laundry room.

Based on the admissions of the Marine, and in our opinion without probable cause, NCIS seized his hard drive and had it forensically searched for child pornography. According to NCIS, limited amounts of teen erotica and teen pornography were found on the computer. Worse yet for this Marine, after allegations of stealing panties came to light, another female Marine then made an allegation that several months earlier, she was sexually assaulted in her barracks room by our client.

The client was charged, and Bilecki immediately litigated the validity of the search and seizure of the computer as well as what appeared to be baseless allegations of sexual assault. By fully litigating the Article 32 hearing and litigating an extensive suppression motion, the defense gained a power position and negotiated a plea agreement whereby the Marine would plead guilty to the theft of the panties in exchange for the government dropping the child pornography and sexual assault charges. After the guilty plea, the defendant was sentenced to 150 days confinement and a Bad Conduct Discharge, and will not have to register as a sex offender.

Result: Sentenced to 150 Days Confinement, Reduction to E-1, and a Bad Conduct Discharge. No Sex Offender Registration.


February 2013

Kaneohe MCB, HI

Marine Corps E-3

Charges: Sexual Assault

A Lance Corporal in the Marine Corps was charged with sexual assault and forcible oral sodomy after giving a video confession to NCIS.

Facing an uphill battle, the defense investigated the case and learned that, on the weekend the alleged sexual assault occurred, the Corporal flew from Hawaii to California and proposed to his then girlfriend (now alleged victim), and gave her an engagement ring which she accepted. The couple then traveled to Los Angeles, California where the Corporal introduced his fiancé to his family.

After fooling around on the night of their engagement and fooling around the following day, the Corporal began having sex with his fiancé. She told him to stop because she wanted to wait until they were married. He then performed oral sex on her. She told him to stop, and he continued for about a minute.

Unfortunately for the Marine, his girlfriend, turned fiancé, turned victim, was a self-proclaimed virgin who wanted to wait until she was married to have sex.

Unbelievably, the following day, she cried rape, and baited her fiancé into making admissions by sending him numerous text messages. A few weeks later, and while working with NCIS, she then placed a deceitful pretext phone call to her fiancé, with NCIS on the line, and asked him repeatedly what happened on the night in question and that she just wanted to hear from him, in his own words "what you think you did." On this recorded phone call, the naïve Corporal made additional admissions that were used against him in court.

More problematic, the Corporal continued to send dozens of text messages back and forth to the alleged victim after the event occurred that contained several admissions and apologies. All of which were used against him in court.

At trial, Mr. Bilecki attacked the case and put on a 'consent and mistake of fact as to consent' defense. During the cross-examination of the alleged victim, Mr. Bilecki caught her in many lies and got her to admit that she previously perjured herself at a prior hearing. Of course, she was never prosecuted for perjury.

At the end of the weeklong trial, the young Marine was found not guilty of the sexual assault but guilty of the forcible sodomy that allegedly occurred after the sex. He was sentenced to 12 months confinement and a Bad Conduct Discharge.

This case, again, serves as a prime example of why you should seek immediate legal counsel if accused of a crime, and in particular, sexual assault.

Bilecki & Tipon, LLLC firmly believes this conviction would not have occurred if the client had secured counsel early on, to protect him from the incriminating text messages, the pretext phone call and most importantly, the videotaped confession to NCIS.

Result: Not Guilty of Sexual Assault, Guilty of Forcible Oral Sodomy, 1 year Confinement and Bad Conduct Discharge


January 2013

Pearl Harbor, HI

Navy E-5

Charges: Use and Possession of Drugs/BOARD

The accused was a former Sailor of the Year recipient, responsible for overseeing the nuclear reactor on a nuclear submarine. After a positive reading for marijuana on a urinalysis, law enforcement investigated the Sailor's illegal use of marijuana. The investigation uncovered several other Sailors with whom he had allegedly smoked marijuana.

After learning charges would likely be preferred against him, the Sailor retained Bilecki & Tipon, LLLC By working with the government, Mr. Bilecki managed to keep all charges at Captains Mast, which ultimately lead to an Administrative Separation Board. Mr. Bilecki represented the Sailor at the Administrative Separation Board, however, given his position of responsibility on a nuclear submarine, the Board discharged him with an Other Than Honorable Discharge.

Result: No Criminal Charges, Separated at Administrative Separation Board.


January 2013

U.S. Army Pacific, Hawaii

Army O-5

Charges: Sexual Assault

An Army Lieutenant Colonel was investigated for wrongful sexual contact and sexual harassment for allegedly coming on to a female subordinate during a TDY to Manila, Philippines, and on the flight back from Manila allegedly sexually touching her without her consent.

Bilecki & Tipon, LLLC was retained after the commander's initial investigation and began its investigation by interviewing individuals who were also on the TDY trip to Manila. It was learned that the alleged victim, who was married at the time, had extramarital affairs with several other military personnel who were on the exercise. Bilecki also had his team conduct a forensic review of the Lieutenant Colonel's cellular phone and computer and learned that the client and the alleged victim had, what appeared to be, a completely professional relationship during the trip to Manila as well as after their return to Hawaii. The defense also believed that the accusations could be related to the Lieutenant Colonel's knowledge that the alleged victim behaved inappropriately while in Manila and that the she wanted to discredit him before any report against her was made.

After presenting the information from Bilecki & Tipon, LLLC investigation, the government elected not to bring criminal charges against the accused, but instead only to issue a General Officer Letter of Reprimand (GOMOR).

Result: General Officer Letter of Reprimand (GOMOR) for Officer Sexual Assault Allegation


January 2013

Pearl Harbor, Hawaii

Navy E-8

Charges: Conspiracy, DTS Fraud

A Navy Senior Chief was accused of conspiring with another Sailor, to use the DTS system for defrauding the government of nearly $100,000. The two Sailors were alleged to have created travel authorizations for missions that did not exist, and charging the government for personal travels. These alleged fraudulent trips involved travel to Manila, Bahrain, Los Angeles and other places around the world.

An external audit of the Command uncovered the alleged scheme wherein our client and the alleged co-conspirator were both the approving and authorizing officials for each other in the DTS system. That allowed the two to authorize and approve each other's trips. After an extensive government investigation, the government charged both Sailors with dozens of specifications of conspiracy and larceny.

After the Senior Chief retained Tim Bilecki, a team of experienced investigators began combing through thousands of pages of financial records in order to build a defense. Bilecki investigated the Command, and discovered it woefully lacked oversight into the DTS system, and was replete with officer misconduct similar to what the client was accused of.

The complex case took nearly eighteen months to get to trial, and then, just a few weeks before trial, the co-accused cut a deal to become a snitch and testify against the client. Given the overwhelming amount of documented evidence against the Senior Chief, Bilecki brokered a plea deal with the government to drop many of the charges and allow the Senior Chief to retire, which was the ultimate goal in the case. The Senior Chief received the benefit of the plea deal; four months confinement, honorable discharge, and retention of his military retirement.

Results: Less than 4 Months Confinement, No Punitive Discharge. Multi-million Dollar Retirement Saved.


Deagu, Korea: Army E-6 – January 2013

Charges: BAH Fraud, False Official Statement

BAH Fraud case. Details withheld as collateral matters still ongoing.

RESULT: ALL CHARGES WITHDRAWN AND DISMISSED TWO DAYS PRIOR TO TRIAL. NO FEDERAL CONVICTION


Camp Foster, Okinawa, Japan: Marine E-6 – December 2012

Charges: Sexual Assault, Attempted Obstruction, Orders Violation

In this "Not Guilty" Sexual Assault case, Mr. Bilecki exposed yet another false allegation of sexual assault followed by one of the sloppiest and pre-conceived investigations seen in years.

A junior Marine was flirting with a married Staff Sergeant, and when the Staff Sergeant confronted her on the matter, she claimed that he sexually assaulted her. The alleged victim claimed that the Client came into her barracks room around 0600hrs and began to sexually assault her, while she was talking on the phone with her parents back in the States.

The claim, on its face, lacked credibility. The alleged victim also claimed that the Client sexually harassed and stalked her months prior to the alleged sexual assault. At trial, she testified that she gave the Staff Sergeant, "stalker status," whatever that meant.

Mr. Bilecki tried the case and exposed an NCIS investigation that failed to administer even the most basic steps to uncover exculpatory evidence. At trial, Mr. Bilecki cross-examined the lead NCIS agent and revealed that law enforcement:

  • Did not begin its investigation until nearly five weeks after the allegation,
  • Made no attempt to recover any physical evidence from the crime scene,
  • Failed to collect the alleged victim's clothing,
  • Did not collect DNA, and
  • Made no effort to retrieve any phone records.

All of which would have been exculpatory.

Law enforcement also interviewed the Client, and during the interview, he pleaded with NCIS to review his cell phone. The phone contained numerous text messages from the "victim" to the Client, saying things like "Let's f***." Instead of collecting the phone as evidence – which in this case would have proved that the "victim" had lied to law enforcement and made a false allegation – they photographed the Client's cell phone and then failed to place the photos into the case file.

NCIS decided early on that the Client was guilty, and it took no steps to find exculpatory evidence, or even use such evidence after it was delivered to them. At the Article 32 hearing, Mr. Bilecki cross-examined the alleged victim about her relationship with our client. He managed to get her to admit that she sent the Client a text message saying "Let's f***" just prior to when she claims that our client barged into her room and sexually assaulted her (while she was on the phone with her parents.)

After the Article 32, Mr. Bilecki demanded that her cell phone undergo forensic review by law enforcement so that the exculpatory text messages could be recovered. Conveniently, between the date of the Article 32 and when the alleged victim's phone was seized two weeks later, the pin connectors on her iPhone were broken. The defense contended that the alleged victim intentionally broke her phone so that the messages could not be recovered. NCIS, unbelievably, did not send the phone to UCACIL, DCFL or any other lab to recover the data, but rather looked at the phone, saw the pin connector was broken and did nothing. Mr. Bilecki exposed all of this during cross-examination.

Also, interesting in the case was the voluminous amount of coaching of the alleged victim. During her testimony, she quickly answered every question from the prosecutor, in a transparent demonstration of prosecution preparation and rehearsal. However, during cross-examination, whenever Mr. Bilecki asked her a tough question she would respond with, "I don't remember" or "I don't recall". The defense counted at least 35 times when the alleged victim answered, "I don't remember", or, "I don't recall", during cross-examination. Many of these memory lapse responses were to simple questions, the truth of which would have revealed the falsity of the allegations. After a weeklong trial, the panel acquitted the Client of all sexual assault charges.

RESULT: NOT GUILTY ON SEXUAL ASSAULT CHARGES, GUILTY OF FRATERNIZATION. SENTENCED TO REPRIMAND. NO JAIL TIME, NO SEXUAL OFFENDER REGISTRATION, NO PUNITIVE DISCHARGE


Yokosuka, Japan: Navy PO2 –December 2012

Charges: Child Pornography

While home, on leave, the Petty Officer was caught in an online Internet sting called, "GridCop," which targeted IP addresses associated with downloading known images of child pornography.

Based on information obtained through the online sting operation, Immigration and Customs Enforcement (ICE) officials obtained and executed a search warrant on the house associated with the IP address. When the search warrant was executed, the Petty Officer was no longer at the residence; he was on his way back to the base where he was stationed. After questioning members of the family who lived in the home, the Petty Officer immediately became a suspect, and ICE contacted NCIS requesting assistance with the investigation. He was then called into NCIS offices where they interrogated the Sailor at which time he made a full confession to downloading the child pornography and obstruction of justice. The government alleged that immediately after the Sailor learned of the investigation he threw his laptop over the side of the ship.

Interestingly, after obtaining the confession, NCIS apparently forgot about the case, and the state and federal prosecutors declined to prosecute the case. Nearly two years elapsed with the Sailor hearing nothing about his case. Then, less than one month prior to EAS'ing from the Navy, the Sailor voluntarily went to NCIS to check on the status of the case.

The Petty Officer's inquiry was followed by NCIS reopening the nearly two-year-old investigation, and he was immediately placed on legal hold, and not allowed to leave the Navy. Bilecki & Tipon, LLLC was then contacted and retained to represent the Sailor in the case. The prosecution continued its investigation and was able to link the Client to downloading child pornography in other locations at various other times.

After conducting a thorough investigation, litigating the speedy trial motion, and running down all possible leads and alibies the defense consulted with Bilecki's computer forensic expert, Trent Struttmann, and both of our law firm's investigators. The conclusion was that the risks to the Client from trying the case in front of a jury were too high, so the defense negotiated a plea agreement hours before jury selection was to begin. In the plea agreement, the government agreed to 18 months confinement, versus the five or more years of prison time that would likely have resulted had the case been tried.

RESULT: 18 MONTH PLEA DEAL NEGOTIATED IN CHILD PORNOGRAPHY CASE WITH CONFESSION


Camp Foster, Okinawa Japan (Trial held in Quantico, VA) Marine E-8 November 2012

Charges: Sexual Assault, Adultery

This case involves yet another false allegation of sexual assault in which the military prosecutors ignored obvious exculpatory evidence, in their overzealous "war on sexual assault." In this case, the "victim" was literally caught with her pants down. The Client was a Master Sergeant in the United States Marine Corps who was on TAD to Quantico, Virginia for training. While on TAD, he first met the "victim" who was selling timeshares at the mall. After meeting, the two agreed to go out later that evening, the Client picked up the "victim" at her home, and the two went to Applebee's for dinner and drinks.

After dining and drinking at Applebee's, the two agreed to return to the Client's motel room to continue the conversation and have more drinks. In the motel room, the Master Sergeant and the "victim" had another drink, and that is when the alleged victim claims to have "blacked out." At or around 5:00AM the "victim" awoke from the sounds of her mother banging on the motel room door, looking for her and upset that she failed to come home on time the previous evening.

The "victim" quickly dressed and told her mother that she had been raped. The motive to fabricate the story was obvious; the young lady did not want to admit to her mother that she went to a motel room with a man she just met and had sex with him.

Mr. Bilecki tried this case and the Client was found Not Guilty on all sexual assault allegations.

To win this case, Mr. Bilecki conducted an extensive investigation including a careful review of the surveillance camera footage of the motel where the Client was staying the night he invited the "victim" back to his hotel room.

The video camera footage clearly showed the two of them walking into the motel lobby arm in arm. The defense team continued to review the footage and saw numerous instances of the couple walking up and down the stairwell together throughout the evening, appearing to be having a good time, including the time the alleged victim claimed she was blacked out. The video also showed that both individuals were happy to be with one another, consented to whatever sexual acts occurred that evening and contradicted the alleged victim's story.

To explain further to the jury why the "victim" would fabricate a rape claim, a member of the defense team traveled to Quantico, Virginia to interview witnesses and to conduct a crime scene examination. Bilecki & Tipon also utilized a private investigator to conduct a complete background check on the alleged victim and her family to uncover any additional motives or fruit for cross-examination. The defense team learned that prior to the "victim's" allegations, the "victim's" mother purchased and gave her a promise ring that symbolized the alleged victim's promise to remain celibate until marriage. Moreover, the investigation revealed that the alleged victim had a long history of drinking and smoking marijuana.

To attack the government's position that the alleged victim was too drunk to consent to any sexual activity, notwithstanding that the surveillance video showed her walking up and down the motel stairs throughout the evening with the Master Sergeant, Bilecki & Tipon, LLLC retained the services of forensic toxicologist Dr. Kippenberger to put the alleged victim's BAC into context and to refute her claim that she was blacked out. Kippenberger utilized the fact that the alleged victim was an experienced drinker without any prior history of blackouts, before or after events, along with the video footage of her at the motel to conclude that the "victim" had what the defense termed, a "blackout of convenience"; it was easier for her to claim that she was blacked out then to tell the truth.

At trial, the defense aggressively cross-examined the alleged victim to expose that she was so embarrassed to be caught by her mother at 5:00AM in a motel room with a man she just met – breaking her promise of chastity to her mother – that she fabricated a story to her mother that she was sexually assaulted. The defense was also able to show that her story about conveniently blacking out was not medically supported, and perhaps most important, her claims were contradicted by the surveillance videos presented at trial. The jury could see the "victim" walking arm and arm into the motel with the Client, and see the couple throughout the night, walking up and down the stairwell smiling and laughing and having a good time – that is until she was caught by her mother.

It took nearly a year for the case to trial, but it took only a few hours for the jury to acquit the Client on all sexual assault charges. He was, not surprisingly, convicted of adultery and sentenced to a one-grade reduction and a reprimand. After trial, however, the defense team negotiated a post-trial agreement with the Convening Authority to have the adultery conviction set aside.

RESULT: NOT GUILTY OF ALL SEXUAL CRIMES, NO CONVICTION, NO JAIL TIME


Camp Humphreys, Korea: US Army Chief Warrant Officer 2 — October 2012

Charges: Triple Rape

The Army charged the Client with sexually assaulting three different female Soldiers on three separate occasions as well as with making a false official statement. Mr. Bilecki took the case to trial and notwithstanding a mountain of government evidence – DNA, video surveillance footage and a false exculpatory statement – the jury found the Warrant Officer Not Guilty of all sexual assault related charges.

Due to ongoing matters with this case, further details are withheld.

RESULT: NOT GUILTY OF ALL SEXUAL ASSAULT RELATED OFFENSES IN TRIPLE RAPE CASE. NO JAIL TIME, NO PUNITIVE DISCHARGE, NO SEX OFFENDER REGISTRATION.


Pearl Harbor, Hawaii-- October 2012

Charges: Child Pornography

Client: US Navy – Senior Chief

After being caught in an online sting operation that targeted individuals downloading child pornography from the Internet, the Senior Chief (prior to retaining Mr. Bilecki) fully confessed to law enforcement to downloading and possessing child pornography.

The Senior Chief's computer was seized and sent to the Defense Computer Forensic Laboratory for forensic review, a process that took nearly one year. The digital forensic examination confirmed that the computer was utilized to download and store the child pornography and corroborated the prior confession.

After Bilecki & Tipon, LLLC was retained, Mr. Bilecki realized he was positioned to minimize damages . Mr. Bilecki negotiated hard with the prosecutors to secure a pre-trial agreement limiting confinement to only 300 days. Given that most accused found guilty of child pornography cases in this jurisdiction receive a term of multiple years, negotiating a 300 day cap on confinement was in the client's best interest, and avoided his serving several years in prison.

RESULT: NEGOTIATED A PRE-TRIAL AGREEMENT FOR 300 DAYS CONFINEMENT IN A CHILD PORNOGRAPHY CASE


Camp Casey, Korea: Army E-6 – September 2012

Charges: Bigamy, Adultery, Financial Fraud, Falsifying Documents

In a complicated case that spanned over half a decade, the E-6 was charged at a General Court Martial for bigamy, adultery, and various forms of financial fraud, all stemming from the divorce of his first wife that occurred five years earlier. The government claimed that the defendant created a forged divorce decree, and used it to illegally re-marry his current wife and collect additional housing allowance.

In 2007, prior to obtaining Bilecki & Tipon, LLLC, the Staff Sergeant was in the process of divorcing his first wife, and utilized an online divorce website in order to obtain an uncontested divorce. After paying the fees, and providing all required documents, it took about six months for our client to receive what appeared to be a legitimate divorce decree. Based on that document, the Soldier believed that the divorce had occurred, and he began paying child support to his ex-wife through the state's child support enforcement agency.

Nearly one year after the defendant received the initial divorce decree he learned that his ex-wife re-filed for divorce, claiming that the initial decree was not valid, and seeking additional financial support. The Staff Sergeant did not respond to the second divorce decree request, because he believed it was a stunt by his ex-wife to extort more money from him. He did not take any action on the new divorce request, and the family court later dismissed the matter. During the entire time, the defendant's ex-wife continued accepting his child support, paid through the child support enforcement agency. The defendant also subsequently remarried, which formed the basis for the bigamy charges.

Years later, the Staff Sergeant received emails from an attorney representing his ex-wife, claiming that the initial 2007 divorce decree was a forgery. The emails went on to say that the matter would not be reported to the Soldier's commanding general, providing that he agreed to pay his ex-wife over $25,000 in additional child support and give her a portion of his retirement. The Staff Sergeant refused and a criminal investigation followed.

Nearly a year after the initial criminal investigation began, and with the defendant's continued refusal to give in to the excessive financial demands of his ex-wife, the government preferred criminal charges against him at a General Court Martial. Bilecki & Tipon, LLLC was then retained to fight the charges of bigamy, adultery, financial fraud and falsifying documents.

Mr. Bilecki utilized one of the law firm's best investigators and ordered a complete investigation beginning with the online divorce services website that was used in 2007; something Army CID did not think was important enough for it to do. The findings were alarming. The online divorce website was actually a Delaware corporation that did not employ any attorneys. Moreover, the corporation had been served with an Assurance of Discontinuance, filed by the Delaware State Attorney General's office for violating the Consumer Protection Act, engaging in deceptive and unfair acts, engaging in the unauthorized practice of law and for misrepresenting their employee's qualifications to provide legal advice and engage in the practice of law. A deeper probe revealed that over 35 complaints were filed against it in Delaware alone, which is not where the divorce incidents occurred, and many of the complaints alleged fraud. This was compelling exculpatory evidence that Army CID either did not believe was important enough to seek, or did not care enough to find.

Bilecki investigators conducted a full background check on the ex-wife, and discovered that she had significant debt, as well as serious truthfulness and credibility problems. Bilecki conducted the investigation the government should have completed during the initial stage of the case. Mr. Bilecki traveled to Camp Casey, Korea for the Article 32 hearing in this case. Given the evidence the defense team obtained, the government finally withdrew and dismissed all charges against the Client after the Article 32.

RESULT: ALL CHARGES WITHDRAWN AND DISMISSED AFTER THE ARTICLE 32 HEARING


Defense Intelligence Agency, Korea: Navy CPO – September 2012

Charges: Sexual Assault, Sexual Harassments, Indecent Language, and Fraternization

The Chief was accused of sexual assault after one of his subordinates made an allegation that he attempted to sexually assault her in his off-base quarters after a night of drinking in Itaewon, Korea.

To celebrate a successful joint exercise in Korea, the Client, along with his OIC and several members of the unit, went out for dinner and drinks in Itaewon. Many of the individuals went to a Norebang (Korean karaoke) to continue drinking, and having a good time.

Realizing that they were about to violate the 0100hrs USFK curfew, the Senior Chief invited several members of the group to stay at his off-post residence, to avoid violating the curfew. At the house, they continued to drink, and one individual, the female E-5, gave mixed signals that she was sexually interested in our client. The Senior Chief, in turn, made comments that he wanted to have sex with her. If there was ever an "eggshell victim" in a case, it was her.

Following advances made by the Senior Chief toward the alleged victim – who was the one initially giving mixed signals – she lost her composure, yelled at him and ran out of the house. The alleged victim telephoned her then boyfriend and relayed her account of the event, claiming that she was sexually harassed inappropriately by the Senior Chief.

In keeping with the "war on sexual assault" being waged by the military, the Command went out of its way to ensure that the Senior Chief, with seventeen years of outstanding service, would be charged, convicted and thrown in prison.

Two days following the initial complaint, NCIS interrogated the Senior Chief, who, in an effort to "do the right thing," provided a statement admitting that he made sexual advances toward the alleged victim. However, he adamantly denied ever touching her. Following the military's unwritten "war on sexual assault" protocol, neither NCIS nor the Command believed the Senior Chief. Moreover, neither took any steps to corroborate his story, even though the "victim's" story was not supported by any of the other witnesses.

When the Senior Chief realized the deck was stacked against him, he retained Bilecki & Tipon, LLLC. Unlike NCIS, Bilecki & Tipon conducted a thorough investigation of the case. The investigation revealed that the alleged victim had a reputation for untruthfulness and exaggeration. Interviews also identified over a dozen witnesses who agreed to vouch for the Client's character and duty performance.

After Mr. Bilecki challenged the Command with the evidence it obtained, the Command backed down, preferring not to commence with court martial charges. Instead, the Command took the Senior Chief to Captain's Mast (NJP / Art 15). Bilecki continued to fight and plead the case to the Command, but they were motivated more to make the Client a statistic than they were in the truth. After the NJP, the corrupt Command referred the Client to an administrative separation board hearing, which was held at Yokosuka, Japan.

A relentless fighter, Mr. Bilecki represented the Senior Chief at the Administrative Separation Board to ensure the Client's interested were represented fairly. Mr. Bilecki fearlessly exposed that the Client's commander, an O-6 with DIA, violated a litany of the Client's rights and committed Unlawful Command Influence by intimidating defense friendly witnesses. After witnesses testified on the Client's behalf at the NJP, they were called by the Command, who attempted to threaten and intimidate the witnesses who supported the Chief. These actions amounted to Unlawful Command Influence, and were patently illegal. Moreover, the O-6 was even caught altering official documents that pertained to the NJP, yet this also was not investigated.

Mr. Bilecki, relentless in the pursuit of justice, was given the opportunity to put all the facts before the board; from the exaggerating "victim," to the corrupt Command. Bilecki made it clear that he would continue to fight the false allegations against the Client.

After a lengthy hearing, the board members unanimously found no serious misconduct and retained the Client in the Navy. Following the extended and painful process, the Chief's career and retirement was saved. While it was encouraging to see justice triumph, it was at the same time discouraging to know that Commanders who blatantly violate a subordinate's legal rights, and broke the law to convict a fellow Sailor, are still serving with impunity.

RESULT: NO COURT MARTIAL, FINDING OF NO MISCONDUCT AT ADSEP BOARD, RETIREMENT SAVED


Yongsan, Korea: Army E-8 – September 2012

Charges: Hazing

A First Sergeant in a prominent Army unit, in Korea, was investigated for allegedly participating in, and condoning, hazing within his unit. During the initial investigation, law enforcement interviewed over 50 Soldiers; however, of the 50 plus Soldiers interviewed, only one of them claimed to see the First Sergeant engage in hazing. No other statement from any other Soldier mentioned the alleged incident. Law enforcement and the Command, both adamant about "taking a stand" against hazing, took three separate statements from the only Soldier who accused the Client of hazing. They then launched a full-scale investigation of the First Sergeant, threating to prefer charges against him and destroy his career.

Under the threat of formal charges, the First Sergeant retained Mr. Bilecki to defend him, and prevent charges from being preferred against him. Mr. Bilecki's team immediately began interviewing relevant witnesses and gathering information about the Soldier accusing the Client.

After an exhaustive investigation, Bilecki built a case proving the Client's innocence. The presentation of the investigation findings convinced the prosecutor to back off from preferring criminal charges. The government did, however, take adverse administration action against the Client, issuing a General Officer Memoranda of Reprimand (GOMOR), which it intended to place in the First Sergeant's permanent file. To rebut this, Bilecki used the investigation findings to support a nine-page rebuttal memorandum to the Commanding General. After reviewing the rebuttal matters, the Commanding General withdrew the GOMOR in its entirety.

However, just when the matter was thought to be resolved, Bilecki received notice that the government had drafted yet another GOMOR, alleging a variation of the original charges. Undaunted, a second rebuttal to the GOMOR was drafted, which prevailed. After the Commanding General reviewed the second rebuttal, he decided to place only the GOMOR in the Client's restricted file. This essentially meant that the written reprimand would not follow the Client after he PCS's to a new duty station.

After battling the government for nearly a year, Bilecki succeeded in preventing formal charges and restricting the written reprimand to the Client's local file, thereby having no effect on his career or his retirement.

RESULT: NO COURT MARTIAL, REPRIMAND LOCALLY FILED, RETIREMENT SAVED


Schofield Barracks, Hawaii: Army E-5 – September 2012

Charges: Rape / Sexual Assault of a Minor

The Army Sergeant was charged with raping his friend's underage babysitter after a night of drinking and beer pong at his friend's home. When Bilecki was retained on this case, the evidence against the Client was daunting. Many defense attorneys would have folded, and plead guilty. Bilecki did not. Bilecki won.

The government presented Bilecki with evidence from the DNA branch of United States Army Criminal Investigative Laboratory (USACIL), which showed that the Sergeant's DNA was a "match" to that found on the underwear of the alleged victim. In addition, there were witnesses who allegedly saw the Client lying naked on the floor next to the sleeping underage babysitter. Lastly, the government had evidence from the sexual assault forensic examination showing injuries that it claimed could be consistent with a recent sexual act.

Undaunted, and knowing the Client was facing life in prison if convicted, Bilecki assembled the best defense team possible to investigate the case, conduct a thorough evaluation of the evidence, and devise a winning strategy for the trial.

Mr. Bilecki used his two best investigators, one of which is a retired Honolulu Police Department sex crimes detective with over 30 years of experience. Bilecki also brought onboard, Mr. Dean Wideman, one of the nation's leading DNA experts. Bilecki's investigators uncovered a myriad of problems with the government's case, including a great deal of information that would shake the credibility of the government's star witnesses.

After conducting a thorough analysis of the DNA evidence, Bilecki discovered that the "DNA match" was, in fact, only a partial profile match based on Y-STR DNA testing as opposed to autosomal testing. (If you are facing charges involving Y-STR DNA testing, we are happy to discuss the details and pitfalls of this unique form of DNA testing). Instead of a typical confidence rating of 1 in 36 sextillion, the confidence rating of the partial profile Y-STR DNA match in this case was actually around 1 in 500.

At trial, Mr. Bilecki conducted a detailed cross-examination of the USACIL DNA examiner and revealed a number of inconsistencies:

· The ratio of female to male DNA was too high to conduct autosomal DNA (the gold standard);

· The amount of DNA that was actually obtained was less than one half of one billionth of a gram;

· Not all of the 15 markers on the Y chromosome that were analyzed were a match to our client (thus the partial profile);

· The bedding, clothes and other evidence collected was not tested for DNA, and;

· The Y-STR DNA testing was designed to exclude a suspect, not to include a suspect.

Mr. Bilecki then cross-examined the DNA expert on Locard's theory of transference, and revealed that the vaginal swabs taken from the alleged victim contained no male DNA, and that given the forensic evidence in the case, without male DNA in the vaginal area, transference was not a valid theory for how male DNA could be deposited onto the underwear.

Then Mr. Bilecki probed the statistical data to question the confidence ratio of the DNA, for purposes of casting additional doubt on the test results. At the conclusion of the DNA cross-examination, the government's case was hit hard as the defense theory of transference was looking more like the actual manner in which the male DNA was found on the underwear of the complaining witness. Defense also raised considerable doubt on the prosecutions initial claim that they had a "DNA match" to the Client.

At trial, Mr. Bilecki also cross-examined the sexual assault forensic examiner who conducted the Sexual Assault Forensic Examination (SAFE) on the alleged victim. The jury learned that the findings of the exam, which the government stated were consistent with sexual assault, were actually inconsistent with sexual assault. Mr. Bilecki revealed that the only abnormality noted in the SAFE was an anathema, which was more consistent with wearing tight jeans than sexual intercourse, and that all of the other injuries expected after sexual intercourse were simply not present. This collateral information placed even greater doubt on the government's "smoking gun" DNA evidence.

Finally, Mr. Bilecki cross-examined the lead CID agent in the case and challenged his sloppy and incomplete investigation, pointing out to the jury that there was a significant amount of evidence that could have been exculpatory, but which was never collected and forensically examined.

Ultimately, for whatever reason, the government elected not to call the alleged victim in this case, and after waiting for nearly a year for his trial; the Client was found not guilty in less than one hour. Had he plead guilty, he likely would have received over ten years of confinement.

RESULT: NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS, FULL ACQUITTAL


Anderson Air Force Base, Guam: Air Force SRA August 2012

Charges: Spice Use, Possession and Distribution

An Air Force E-4 was charged with wrongful use, possession and distribution of Spice and painted by law enforcement as one of the central traffickers of Spice in Guam. In this case, the only hard evidence law enforcement had was the Spice found in the Client's room, drug paraphernalia hidden above the ceiling tiles, and videos showing the Senior Airman smoking a hookah. In an attempt to solidify their case, the government tested the Client's urine, and the results came back positive for a synthetic THC analogue.

The Spice found in his room was tested at the United States Army Criminal Investigative Laboratory (USACIL), and it also came back positive for a synthetic THC analogue. Government investigators also lifted fingerprints off the drug paraphernalia that matched our Client's. The proverbial final nail was driven in the coffin when the government "flipped" several of the Client's "friends," cutting deals with them in exchange for their testimony against the Senior Airman.

Undaunted, Mr. Bilecki and Air Force defense attorney Captain Reinholz rejected the government's guilty plea offers and fought the case. Mr. Bilecki and Captain Reinholz assembled a large team of heavy hitters to attack the evidence against the defendant.

To shed doubt on the fingerprint expert, the defense team worked directly with Mr. Kenneth Moses, a former FBI senior fingerprint analyst with experience in several high profile cases such as the Oklahoma City Bombings. Mr. Bilecki also filed a thirty-page motion to exclude the fingerprint evidence, based on evidence unreliability. The defense investigation also discovered that the fingerprint examiner from USACIL was reprimanded and lost her certification for reporting inaccurate conclusions in previous fingerprint cases.

The task of debunking the government's testing of the Spice and the urinalysis was assigned to one of the head forensic toxicologists at NMS Labs, an expert in synthetic cannabinoid testing who helped prepare a devastating cross-examination of the government's experts.

The development of the case for the defense was completed by one of Mr. Bilecki private investigators, who conducted comprehensive background checks on the government snitches. The goal was to expose the informants for what they were; Airmen who would say anything to mitigate their criminal liability.

A few days before trial, and the day before Mr. Bilecki and Captain Reinholz were scheduled to fly to Guam to try the case the government waived the white flag. They did not want to risk an acquittal against the elite Bilecki defense team.

The government agreed to withdraw and dismiss all charges against the Senior Airman, in exchange for administrative separation, via a Chapter 4. An administrative resolution of a drug distribution case in the Air Force is rare, and the offer was quickly accepted, saving the Client a potential federal felony drug conviction and certain prison time if convicted.

RESULT: ALL CHARGES WITHDRAWN AND DISMISSED THE WEEKEND BEFORE TRIAL. NO CONVICTION, NO PRISON TIME.


Camp Foster, Okinawa, Japan: US Marine Corps Captain – August 2012

Charges: Wrongful Use of Prescription Drugs, Aggravated Assault x5, Communication of a Threat, Drunk and Disorderly Conduct

A Marine Corps Captain retained Bilecki & Tipon, LLLC at the initial stages of a government investigation with the goal of preventing criminal charges from being preferred against him. His concerns stemmed from a night of alleged extreme drinking and abuse of prescription medications that culminated in him assaulting his wife and threatening to kill her and the rest of his family.

Shortly thereafter, the Captain was arrested, served a restraining order, and his family moved from Okinawa back to the United States. For optimum mitigation of the events, Mr. Bilecki immediately got involved and assisted the client into getting into a full-time in-patient drug and alcohol rehabilitative program.

After successfully admitting the Client into the program, Mr. Bilecki worked with the Client's family, his command and the prosecution to show the extreme mitigating and extenuating circumstances behind our client's conduct and negotiated an agreement which allowed the Client to complete his in-patient treatment program and keep all criminal charges from being preferred against him, in exchange for a General Officer Memoranda of Reprimand and his resignation from the Marine Corps.

This agreement saved the Client from serious court-martial charges, likely prison time, a federal felony conviction and the collateral consequences of the Lautenberg Amendment. In the end, the Client successfully completed the treatment program, resigned from the Marine Corps and made amends with his family.

RESULT: COURT-MARTIAL CHARGES DROPPED, NO CONVICITON, NO JAIL TIME


Torii Station, Okinawa, Japan: US Army E-4 July 2012

Charges: Wrongful use of Cocaine

The Client's urinalysis tested positive for cocaine, and he was subsequently charged with wrongful use of a controlled substance. Mr. Bilecki worked with the Command and SJA to negotiate a pre-trial agreement, in which the charges would be handled at the Article 15 level as opposed to a court-martial.

RESULT: NO COURT-MARTIAL CHARGES, NO FEDERAL FELONY DRUG CONVICTION


Hickam AFB, Hawaii: Air Force O-4 – July 2012

Charges: Drug Importation

Our client was a C-130 navigator who was charged with purchasing steroids via an online pharmacy and having them shipped from Thailand to his on-base address in Hawaii. Immigration and Customs Enforcement seized the package, which contained 497 pills of methandrostenolone (Dianabol), a Schedule III controlled substance. After seizing the package, the drugs were turned over to OSI, who then set up a controlled delivery of the substance. When our client went to his mailbox to pick up the package, he was swarmed by OSI agents, arrested, and taken in for interrogation. OSI conducted multi-hour video taped interrogation of our client, had him draft a written statement and then give consent for law enforcement to search his residence as well as his computers. Honolulu Police Department then conducted a forensic examination of our client's computer, which yielded very damning evidence; including search history that indicated our client had visited numerous steroid related sites, was actively seeking out steroids online and purchased methandrostenolone from an online pharmacy.

After being retained on the case, we litigated the Article 32 hearing and later demanded that a defense computer forensic expert be appointed to the defense team. We worked directly with Ms. Carol Peden of Global CompuSearch, Inc who conducted a full examination of our client's computer history so that we could attack and explain away the damning evidence found on the computer. Our expert then provided Mr. Bilecki with over 18,000 pages of data regarding the specific search history of the accused. We then spent countless hours combing through the data and building a roadmap of our client's actual search history, including showing the exact search terms he entered, how he began his searching and how he ended up purchasing methandrostenolone via an online pharmacy. We utilized the defense that our client had no knowledge that what he was purchasing illegal steroids and that he thought he was purchasing legal body building supplements.

In order to use this defense, we took the 18,000 pages of Internet data and literally built a blueprint of the exact search history on our client's computer. We used this blueprint to show the jury that our client did not initially start out searching for steroids, but continued to get redirected through Google "related searches" until he landed on a website which, on its face, looked legitimate. We then were able to show that the product he purchased was actually called "British Dragon" and there was minimal disclosure that its contents were anabolic steroids. After nearly a week-long trial, the damning search history was too much to overcome and our client was found guilty of the importation charges. However, despite the conviction, we kept fighting. Mr. Bilecki continued to minimize the charges, put on an extensive mitigation and extenuation case with the goal of keeping our client out of prison. The hard work paid off. Our client was facing 15 years in prison and a dismissal from the Air Force and was only sentenced to a reprimand, restriction to Hickam AFB and forfeiture of some pay. NO JAIL TIME AND NO DISCHARGE.

RESULT: NO JAIL TIME AND NO DISCHARGE ON DRUG IMPORATION CASE


Sasebo, Japan: Navy E-4 – July 2012

Charges: Sexual Assault

Our client was a Navy Sailor who was investigated for sexual assault after hooking up and having sex with another Sailor aboard the USS Essex who had been drinking and flirting with our client. After having a brief sexual encounter, the alleged victim repeatedly asked our client to not tell any of his or her fellow Sailors that they had hooked up. When he did, she claimed rape. Her story changed numerous times throughout the investigation. Mr. Bilecki was retained early on, began investigating the case and speaking with the prosecutors. It turned out that some of the sexual encounter was actually captured on video, but NCIS failed to ever obtain the video – which we believe would have shown that the entire sexual act was fully consensual. Based on the sloppy nature of the investigation and the multiple inconsistent stories of the alleged victim, all charges were dropped and our client was never charged.

SEX ASSAULT CASE - RESULT: ALL CHARGES DROPPED, CLIENT NEVER COURT-MARTIALED


Camp Humphreys, Korea: Army O-2 – June 2012

Charges: Rape, Fraternization

Our client, an Army Officer was drinking at an on-post barbeque with his friends and co-workers (NCOs, Chiefs and Officers) after an Area I exercise. During the barbeque, two female Soldiers who had also participated in the exercise showed up and were invited to join the barbeque. Throughout the night, one of the female Soldiers (later the complainant, who was married) got more and more flirtatious with our client the more she drank. At the end of the evening, this female Soldier and her friend did not want to take the bus back from Area III to Area I in Korea and ended up staying over at our client's room. As the night progressed, this female Soldier made out with our client and then had sex with him. During the sex, the female Soldier said she felt bad because this was not something she normally did and felt bad because she was cheating on her husband. Immediately after she said this, our client stopped having sex with her and left the room. A few moments later, the female Soldier felt bad because she stopped half way through sex and wanted to "finish the job." Our client went back into the room with her, and she performed oral sex on our client. After the sex, the two went to sleep without issue. The charge of rape concerning this sexual interaction was first raised when the female Soldier's adulterous behavior likely got back to her husband, after which time she claimed that she had been held down against her will and raped by our client – all lies.

We were retained and aggressively investigated the case to expose that the alleged victim was nothing but an adulterous liar who would not hold up on the witness stand. After serious discussion with the prosecution regarding the credibility of their complainant and her motive to fabricate a rape allegation, the government agreed not to charge our client. Our client was given a General Officer Memorandum of Reprimand for fraternization. No Sexual Assault Charges were preferred.

SEX ASSAULT CASE - RESULT: ALL CHARGES DROPPED, CLIENT NEVER COURT-MARTIALED


Yongsan, Korea: Army E-4 – May 2012

Charges: Ecstasy distribution, Spice distribution

Doing what many attorneys and critics said would be impossible, Mr. Bilecki fully walked (found not guilty) an Army Specialist who was alleged to be Korea's biggest spice and ecstasy manufacturer and dealer and who allegedly ran and oversaw a large-scale criminal drug organization. In this case, CID had been investigating a spice and ecstasy distribution ring for the better part of a year. Through the use of informants, warrants, and searches, CID began to target our client as the main manufacturer, supplier and dealer for the majority of the spice that was being sold in Korea. By the time this client was charged, the evidence looked overwhelming – the product of one of the largest CID drug investigations in Korea in nearly a decade: This Soldier needed the biggest hired gun he could find to defend him.

Mr. Bilecki was retained for his expertise in defending complex drug cases and was presented a mountain of evidence and what looked to many like an unwinnable case. This evidence included over a dozen informants and snitches who were willing to cut deals in exchange for testimony against our client, attempted controlled buys, financial records of our client, evidence that our client was allegedly purchasing kilos of raw herbal material to manufacture bulk quantities (kilos) of Spice, evidence of scales, drug manufacturing paraphernalia, and actual un-bagged spice containing JWH-210 found in our client's home.

In order to make their case, the government "bought testimony" by charging nearly every Soldier who allegedly worked for or purchased drugs from our client, then offering them plea deals in exchange for their testimony against our client – so long as it was the testimony they needed to get their conviction. Gearing up for trial, Mr. Bilecki put enormous pressure on the government and began conducting background investigations into the snitches who would be testifying against our client so that we could expose them as liars during trial.

At trial, Mr. Bilecki relentlessly cross examined the government's main snitch and exposed the fact that the prosecutors brought her out of prison and over to their office on numerous occasions to coach her testimony and ensure that her testimony fit their theory of the case. Mr. Bilecki also exposed that this "witness" was initially facing over 150 years in confinement but the government cut her a deal for 5 months if she snitched on our client. In addition to calling the testimony of the snitches into question by demonstrating their self-interested motivation, Mr. Bilecki put up a strong defense and was able to keep many of the most incriminating pieces of evidence out of court or was able to explain them away in a manner which did not support our client's alleged criminality. Finally, Mr. Bilecki went on the attack and put the government prosecutors on trial for attempting to obtain a conviction with the "bought testimony" of convicted liars and felons.

After nearly a year of investigation and five full days of trial, our client was found NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS and is still proudly serving in the United States Army.

RESULT: FULL ACQUITTAL, NOT GUILTY ON ALL CHARGES


Pearl Harbor, Hawaii: Navy E-6 – April 2012

Charges: 112a (Methamphetamine Use) x 3

After testing positive on three separate occasions for methamphetamine use, our client was placed in pre-trial confinement at the US Navy Brig in Hawaii. Given not one, but three positive tests for Meth, it was highly unlikely that this case would result in an acquittal if taken to trial. The goal in this case was to keep our client from receiving a federal felony drug conviction that would follow him into his civilian life.

Mr. Bilecki, along with military counsel, LT Stephens, worked directly with the prosecution and the two were able to get all charges reduced to a Summary Court-Martial level, keeping our client from getting branded for life by winning no felony drug conviction and getting our client out of confinement with time served.

Result: Time served, no felony drug conviction, no punitive discharge


Undisclosed Location: Senior NCO – April 2012


Charges: Rape, Sexual Assault

Details to be posted upon informed consent of client.

Result: ALL CHARGES DROPPED AFTER THE ARTICLE 32


Yokosuka, Japan: Navy E-6 – April 2012

Charges: Rape, Sexual Assault

Mr. Bilecki exposed yet another false allegation of rape from a lying Sailor and had all charges and specifications dropped after the Article 32 investigation. In this case, our client was on a liberty call in Hong Kong and met another (female) Sailor and her friend in the bar district in Hong Kong. The three of them drank and danced together and later went to a "go-go" bar where the alleged victim was dancing with the bargirls on the pole in front of our client. After dancing on the pole in the "go-go" bar, the alleged victim was kissing our client and later went back to his hotel room. Up at the hotel room, the female Sailor continued to drink, then later had fully consensual sex with our client in his hotel room. She later found out that our client also hooked up with her friend that night as well. After getting back on the ship, the alleged victim made a report that she was enticed to go back to our clients' hotel room and that she was sexually assaulted in his room. Given the state of the military on sex crimes, law enforcement believed the girl, started an investigation and our client was subsequently charged with rape.

In order to defend our client, Mr. Bilecki fully investigated the case and dug into the complainant's background, learning that prior to the allegation she tried to get out of the Navy on a hardship discharge, which was denied. We also learned that after she claimed to have been raped, she made another request to get out of the Navy due to being a sexual assault "victim." This request was approved even though there had been no trial in the matter to prove she was actually a sexual assault victim.

Mr. Bilecki also obtained the video surveillance from the hotel where the rape allegedly took place. The video showed the complainant and our client making out in the elevator together – an event which the alleged victim had denied ever happened. Video surveillance also showed that the morning after the alleged rape, our client got her a cab and she kissed him goodbye.

The case went to an Article 32 and Mr. Bilecki aggressively cross-examined the complainant in this case and exposed her as a liar who fabricated the story in order to get out of the Navy. Amazingly, charges were never brought against her and she was still allowed to receive an Honorable discharge prior to her EAOS/ETS.

SEX ASSAULT CASE – RESULT: All Charges Dropped After the Article 32 Hearing. NO SEX OFFENDER REGISTRATION, NO FEDERAL CONVICTION, NO JAIL TIME


Mt. Fuji, Japan (Trial held in Okinawa, Japan): Marine E-5 – April 2012

Charges: Rape, Attempted Fraternization, False Official Statement, Drink and Disorderly Conduct

This is yet another full acquittal in a military sex assault case tried by civilian attorney Tim Bilecki and hard hitting military counsel Capt Rob Plagmann. This case was yet another false rape allegation by a female Marine followed by a sloppy, biased investigation in order to make our client, a Black Belt MCMAP (Marine Corps Martial Arts Program) Instructor Trainer another statistic in the military's war on sexual assault. Fortunately for our client, he had two heavy hitting attorneys who thoroughly investigated the case, uncovered the exculpatory evidence law enforcement refused to obtain, exposed the "victim" as a self-serving, manipulative liar and handed the government a Not Guilty verdict after five days of trial, with the government pulling out all the stops to try to convict our client.

This case began in the summer of 2011 after our client and the alleged victim, a female junior Marine, met at Camp Fuji, Japan. At Camp Fuji, there are approximately 180 Marines, 95% of them being male. The complainant in this case was a manipulative young Marine who used her status as a female to get what she wanted from her seniors. You probably already know a female Marine (or Soldier, Sailor or Airman) like this girl: When speaking to an NCO she adds Sergeant to the sentence about 5 times and stands at parade rest, but as soon as the Sergeant leaves talks bad about them. This is the girl who sucks up to everyone who is senior in order to get something back. The complainant made Marine of the quarter at Camp Fuji even though she had only been there a few weeks. She wanted to be the center of attention, and make everyone believe she was the most squared away Marine in the Corps. Unfortunately for our squared away "victim," Mr. Bilecki and Capt Plagmann exposed her as a liar and manipulator.

This Marine had a schoolgirl crush on our client, who was a highly respected Sergeant and MCMAP instructor on base. This crush led to months of the complainant flirting with our client and she eventually hooked up with him in her barracks room. Word spread very quickly through the "Lance Corporal Underground" that the Marine of the Quarter was not the squared away Marine she claimed to be, but just another girl who had an inappropriate relationship with a married Sergeant (our client). Not wanting to get her reputation tarnished, the junior Marine fabricated an allegation that our client had been aggressively pursuing her for months and that she was violently held down, strangled and raped by our client in her barracks room after a night of drinking at the Roadhouse bar on base. When the alleged victim made her report, she had several bruises around her neck that she claimed came from our client choking her. The command immediately demonized our client and, of course, believed every word this complainant said. Our client was immediately prohibited from instructing in MCMAP, placed on restriction and treated like a criminal while the alleged victim was given an entire paparazzi of supporters and treated like a princess.

When Mr. Bilecki was retained on this case, we knew we were in for a long fight and that the case would won or lost inside of a courtroom. Mr. Bilecki immediately started working with military defense counsel Capt Plagmann to properly interview all of the witnesses and obtain as much background on the complainant as possible in order to expose her as a liar and manipulator in trial. Capt. Plagmann traveled to Camp Fuji, Japan and conducted extensive witness interviews of nearly every Marine who knew the alleged victim, saw her interactions with our client and could potentially testify to her truthfulness – or lack thereof. During this investigation, we learned, and had witnesses to prove, that the pristine Marine of the Quarter had been flirting with our client for months prior (something she vehemently denied) and all of the Marines who were corroborating her story were part of a little clique of female Marines who did not like our client. It was complete high school drama. We also learned that the day after the complainant was allegedly violently strangled and raped by our client, she went to our client's MCMAP class, had no injuries or bruises and acted completely normal around our client.

Mr. Bilecki then traveled to Yokosuka, Japan for the Article 32 hearing and cross-examined the alleged victim on numerous lines of seemingly innocuous questions in order to lock in her testimony for impeachment later at trial. The defense also called the Marines who were at MCMAP with the complainant the day after she was allegedly raped in order to establish that the bruising did not come from any strangulation or choking done by our client. This allowed us to build a timeline of when the bruising took place, something we would have to explain at trial.

Even after a lengthy Article 32 hearing, the government went forward with all charges, wanting nothing more than to convict our client, label him as a "rapist" and throw him in prison. We kept fighting and prepared to go to war in the courtroom. In conducting our investigation, Capt. Plagmann made yet another trip to Camp Fuji to interview additional witnesses who could testify at trial to impeach the junior Marine's version of events from the Article 32 hearing.

At trial, the complainant brought her paparazzi of victim advocates and supporters to sit in the front row of the courtroom each day of the trial, observe the proceedings and likely provide daily back briefs to her. The government spent an inordinate amount of time coaching the alleged victim on how to answer all possible questions the defense might ask her. Her testimony was so scripted that it was laughable. On her way up to the witness stand, she actually turned, did an about face and said "good morning gentlemen" to the jury while at attention. In over 10 years of trying cases, we had never seen this before. She was coached to make herself look like the most squared away Marine in the Corps but ended up looking ridiculous. Mr. Bilecki then extensively cross-examined her, setting her up for collateral attacks later in the trial. After she testified, Mr. Bilecki and Capt. Plagmann spent the rest of the week meticulously disassembling her fabricated story – exposing her as the manipulative liar she was.

The government also called the Chief of the Okinawa Sex Assault Prevention Program as an "Expert in Sexual Assault Victim Behavior." She was supposed to be an independent expert, but in reality was a staunch advocate for victim's rights, a friend of the prosecutor and had worked directly with the complainant and her paparazzi to coach and prepare her testimony. She then testified how the complainant's behaviors were "consistent" with someone who had been sexually assaulted. She even went as far as to give an example of how when a person is being raped they often dissociate and stare and fixate on the ceiling above them, saying that if the ceiling was wood, the raped person may often remember the exact grain of the wood. Funnily enough, that was exact same thing the complainant said when she testified, that she was fixating on the bunk bed above her when she was being "raped" and that she recalled the grain of the wood. Obviously this was coached testimony in order for the government to win at all costs. Mr. Bilecki exposed this later during the trial.

The government then called the law enforcement special agent who handled the investigation of the case. The alleged victim had always claimed that our client called and texted her constantly, almost in a stalker fashion, but that she never responded to any of his calls or text messages. The cop testified that they seized her cell phone and confirmed that she never responded to any of our client's calls or text messages. After this testimony, Mr. Bilecki put on what some would call a clinic on cross-examining cops on a sloppy investigation. We hammered the cop on why a forensic review of the phone was never conducted, why instead they just looked at the phone and took screen shots, and why our client's phone was never reviewed. Mr. Bilecki then had the alleged victim's cell phone brought into court and exposed to not only the cop, but also the jury, that the complainant had text messages to our client stuck in her unsent box on the phone. Through this, we showed that the junior Marine had likely deleted all of the sexual and flirtatious text messages she sent to our client, but forgot to take care of the ones in the unsent box. This proved that the complainant had perjured herself on the witness stand and was a liar. Conveniently, the government and the alleged victim soon came up with yet another explanation for it. We also hammered on all of the other forensic testing that was not done in this case.

The defense then called the Marines who were at MCMAP the next day with her to show that she had no bruising the day after she was allegedly choked and strangled, and that she also acted completely normal around our client. A MCMAP demonstration was also put on during court to simulate various chokes during brown belt testing because the alleged victim did her brown belt testing a few days after she claimed to have been raped. We used this demonstration to account for the bruises on the complainant's neck, showing that they were not caused by our client, but during her brown belt testing. At the close of the case, the government played our client's "confession"—which consisted of our client admitting to being in the complainant's barracks room and having a sexual relationship with her.

At the end of a long five days in trial, the jury came back and our client was found NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS. Of course, the complainant in this case was never charged for perjury, false official statement or any of the other crimes she committed in falsely accusing our client. She still enjoys her "victim" status in the Marines.

RESULT: FULL ACQUITTAL, NOT GUILTY OF ALL CHARGES


Schofield Barracks, Hawaii: Army E-4 – March 2012

Charges: Disrespect to an Officer, Failure to Obey an Order

Details withheld pending informed consent by the client.

RESULT: Reduction to E-1, 30 days confinement, NO DISCHARGE


Pearl Harbor, Hawaii: Navy E-4 – March 2012

Charges: Child Pornography

Our client was charged with possession of child pornography on his computer while he was underwater on a submarine.

Another Sailor who was sharing a room with our client during a liberty call found the pornography on the client's computer. After the pornography was discovered, our client's computers were seized and sent off for forensic examination by the Defense Computer Forensic Labs (DCFL), a process that took almost half a year. After nearly a year of investigation on the part of the government, our client was charged with multiple specifications of possession of child pornography. In order to stack the deck against the accused, the government demanded an immediate Article 32 hearing so that the defense would not have time to prepare (even though the government had been investigating the case for nearly a year). We requested a computer forensic expert be appointed to the defense team so the defense could actually review the evidence in the case. The government denied that request. The government also refused to allow the defense access to the evidence because it included "contraband," even though the government permitted itself to send the evidence to anyone they felt could help win their case.

Even without access to all the evidence and a defense computer expert, we fought the charges at the Article 32 and began building a case to show that our client was not the individual who actually put the child pornography on the computer and that his multi-hour videotaped confession was coerced and not corroborated by the evidence.

The government referred the charges after the Article 32 hearing and continued to deny the defense access to the evidence in the case. We fought back and were able to get Trent Struttmann from CyberAgents, Inc. appointed as a computer forensic examiner for the defense and, while the government still refused to send the evidence directly to our expert, we were able to have our expert allowed to review it at a nearby CID office. We fought this case for months and were relentless in our determination to take this case to trial, regardless of the multi-hour confession by the accused. Literally, on the day before trial, because of the pressure we put on the government, we were offered what would be considered by many as a sweetheart deal, the government agreed to limit our client's confinement to only 12 months. (He was facing over 30 years.) We smartly took the deal and our client's sentence was reduced to 12 months pursuant to the plea deal. Of this time, he will likely only serve 9 or 10 months.

This case is just another example of why, even when the odds and evidence are squarely stacked against you, it is often best to fight the charges until the end. When the government knows your attorney will not back down and will take a case to trial, that is often when the best plea deals are given. In other military jurisdictions throughout the Pacific, a 12-month deal for a substantial child pornography case is generally unheard of.

RESULT: 12-MONTH PLEA AGREEMENT NEGOTIATED ON "COURT HOUSE STEPS"


Kaneohe Bay, Hawaii: Marine E-7 – March 2012

Charges: Wrongful Use of Spice x 2 (Article 92)

Our client was a Marine Corps Master Sergeant charged with wrongful use of Spice after being taken to the hospital due a bad reaction to a cigar that was laced with Spice. Despite a nearly 20-year outstanding record of service to the Marines with no prior misconduct, the government court-martialed our client and tried to kick him out of the military due to one incident with Spice.

In this case, our client was new to the island and met a girl at a local hostess bar with whom he later went out on a date. During the date, the two stopped off a local smoke shop in Waikiki and went back to a hotel room. While up in the hotel room, the female was smoking the cigar and our client did not have any memory of what happened after. A few moments later, our client apparently had a negative reaction to the cigar and passed out. The young lady then dialed 9-1-1, and Honolulu Police and Paramedics arrived at the hotel. Our client was transported to the Tripler Army Medical Center Emergency Room. The female then told HPD that the two of them smoked spice, and she handed the paramedic a package of "Super Kush" that she said had been put into the cigar. Military law enforcement took over the case and had the "Super Kush" sent to the lab to be tested. It came back positive for AM-2201, a controlled substance analogue and a synthetic THC agonist.

We fought the charges and put on the defense of innocent ingestion. Given the military's current posture on Spice, we took the case before a military judge alone, foregoing a panel (jury). At the end of trial, our client was convicted of one of the orders violation charges and the other was dismissed as an unreasonable multiplication of charges. We continued to fight during the sentencing phase of the trial in order to save our client's retirement.

After a hard-fought sentencing hearing, our client was sentenced to a one-grade reduction and 30 days in the brig. NO discharge. The defense was then able to have the confinement deferred.

RESULT: ONE GRADE REDUCTION, 30 DAYS CONFINEMENT, NO PUNITIVE DISCHARGE


Kaneohe Bay, Hawaii: Marine E-4 – March 2012

Charges: 112a (Marijuana Use), tampering with evidence

Our client was initially investigated and charged after a battalion-wide urinalysis in which our client's sample was alleged to be adulterated.

Mr. Bilecki was retained in this case with the goal of keeping our client from being convicted at a court-martial and receiving a federal felony drug conviction. After nearly five months of work on the case and negotiating with the government, Mr. Bilecki was able to keep the charges from going to a court-martial and secured an administrative separation for the client, resulting in no federal drug conviction.

RESULT: CHARGES DROPPED, NO FEDERAL DRUG CONVICTION, NO JAIL TIME


Tripler Army Medical Center (TAMC), Hawaii: Army O-5 (Orthopedic Surgery Resident) – March 2012

Charges: Wrongfully acquiring Oxycodone by fraud (approximately 1000 pills), Wrongful possession of Oxycodone.

Due to ongoing collateral issues associated with this case, details are withheld.

RESULT: ALL CRIMINAL CHARGES DROPPED AFTER THE ARTICLE 32 IN EXCHANGE FOR RESIGNATION, NO FEDERAL CONVICTION, NO JAIL TIME


Kaneohe Bay, Hawaii: Marine E-5 – February 2012

Charges: Hazing

In a case that was featured in over 120 media outlets across the world and was a topic of discussion in Congress, Mr. Bilecki fought the highest levels of the Marine Corps as well as high-ranking members of Congress and won a Not Guilty verdict for his client. Our client (along with two other Marines) was accused of hazing a fellow Marine, who later killed himself at Patrol Base Gowragi, in the Helmand province of Afghanistan.

Our client was the squad leader stationed at a remote dugout combat outpost in Afghanistan that had taken significant enemy contact in the days prior to the alleged incident. There was confirmed intelligence suggesting the base would be overrun by Taliban insurgents. In the days before the suicide, the deceased was continuously falling asleep while on post, falling asleep while conducting LPOP missions and falling behind while doing routine patrols of the area.

On the night of the suicide, our client found the deceased asleep in his fighting position when he we was supposed to be on guard and ensuring the enemy did not overrun the patrol base and kill the other Marines there. After learning that he had fallen asleep again, our client ordered him to dig a supplemental fighting position—an activity more likely to keep the deceased awake while on duty. Later that evening, while digging the supplemental fighting position, other Marines allegedly assaulted the Marine for falling asleep again while on post. Shortly after being ordered to dig the fighting position and allegedly being assaulted by the other Marines, the deceased took his Squad Automatic Weapon and fired three rounds into his own head, killing himself. Almost immediately thereafter, the deceased's aunt, a Congresswoman from California, demanded that action be taken against the Marines involved and that they be court-martialed. She fully believed that her nephew had been hazed to a point where he committed suicide because he could not take the hazing any longer. Our client's position was and remains that the deceased was never hazed, but was simply a substandard Marine whose actions at PB Gowragi could have cost the lives of his entire unit.

The case immediately received attention at the highest levels of Congress and the Military, and all three Marines were court-martialed for hazing. Even though the Article 32 office recommended a trial by Special Court-Martial, the three-star commander, obviously feeling the political pressure, turned his back on his fellow Marines and referred the charges to a General Court-Martial.

After it became obvious that this case was politically and personally motivated by members of Congress and influenced by a Marine General's wearing three or more stars, the accused hired Mr. Bilecki to go to war against a seemingly insurmountable enemy. Almost immediately after being retained, Mr. Bilecki interviewed nearly all of the Marines who were at Patrol Base Gowragi, in order to present to the jury an accurate picture of the living conditions, the real enemy threat at that position, and the potential consequences of a Marine falling asleep while on post. We also worked directly with our client's First Sergeant, Company Commander, Battalion Commander, and Brigade Commander, all of whom testified for the defense that all of the decisions made by our client under the particular circumstances were appropriate, that he followed the training he received and that they believed he committed absolutely no misconduct. We also provided testimony on the operational necessity for supplemental fighting positions at PB Gowragi and that our client's decision to order the deceased to dig a supplemental fighting position after he fell asleep while on guard duty was not to punish or haze, but done out of operational necessity. Finally, we called our client to testify in his own defense, explaining why he made the decision he did as a squad leader that night. He further testified that if he were forced into that same situation again, even knowing the consequence of a court-martial, he would have made the exact same decisions.

Despite the best efforts of various members of Congress and various Marine Corps General Officers, Mr. Bilecki secured a full acquittal for his client. In a case like this, when everyone from the media, to politicians, to senior leadership is out to convict you, you need a battle-tested, hard-nosed attorney who is not afraid of rank and will fight back and win.

To read more about this case, click one of the Articles below.

http://www.marinecorpstimes.com/news/2012/02/ap-marine-sergeant-not-guilty-in-lew-hazing-case-020912/

http://www.usatoday.com/news/military/story/2012-02-09/military-hazing-harry-lew/53031492/1

http://www.staradvertiser.com/s?action=login&f=y&id=138835334&id=138835334

http://www.marinecorpstimes.com/news/2012/02/ap-marine-hazing-trial-delayed-charges-expanded-020612/

http://www.bostonglobe.com/news/nation/2012/02/10/marine-found-not-guilty-hazing-case/b9XV8G6tmXyZCCpJFPDczI/story.html

RESULT: FULL ACQUITTAL IN HIGH-PROFILE HAZING CASE


Sasebo and Yokosuka, Japan: Navy E-2– February 2012

Charges: Attempted Rape, Attempted Voluntary Manslaughter, Sodomy, Aggravated Assault

Our client was charged with multiple felony sex charge following an intimate interaction that turned out to carry a boatload of fallout.

Our client, a young Sailor, had a drunken hook-up with an older Second Class—buying her birthday shots and taking her home to his barracks. After the two had fully consensual sex, our client asked her to leave his barracks room because he didn't want his roommate coming home and finding him with a girl some might consider unattractive. After being thrown out of the barracks room and doing the walk of shame back to the boat, the Second Class later claimed that our client strangled and violently raped her. The alleged victim did have a black eye and some bruising on her neck. Given the current posture of the military on sexual assault cases, they charged our client with everything they could think of, including attempted manslaughter (claiming that our client tried to kill her).

As soon as we were retained and saw the charge sheet we knew we were in for a battle. In fact, it took nearly a year for this case to get to trial… and for our client to be found Not Guilty of the sex charges.

The Article 32 hearing was held in Sasebo, Japan. Mr. Bilecki and co-counsel traveled from Honolulu, Hawaii to Japan for the hearing. While in Sasebo, we conducted a thorough investigation, including doing a walkthrough of both the barracks room where the incident occurred as well as a walkthrough of the USS Tortuga. We walked the exact same steps that the Second Class did on her long walk back from our client's barracks room to her berthing area on the ship, meticulously documenting any areas where she could have fallen or hit her head on this ship when walking back to her berthing while heavily intoxicated. We did this to account for the bruising she sustained on her face. Mr. Bilecki also interviewed the Sailors who were on the quarterdeck when the Second Class returned to the Tortuga after allegedly being violently raped. We discovered that not a single Sailor noticed any bruising or damage to the alleged victim's face when she came aboard the Tortuga. This enabled us to identify a time frame during which the injuries took place: some time between the point when she walked onto the ship and the point when she reported the injuries the next morning. At the Article 32, we called each of these witnesses in order to lock in the timeline of the injuries. We also extensively questioned the sexual assault forensic examiner regarding her finding concerning the sexual interaction as well as regarding the bruising on the Second Class's neck. The government expert attributed the bruising around the alleged victim's neck to strangulation. We intended – at trial – to attribute any marks on her neck to hickies as well as abrasions from a gaudy, fake diamond necklace she was wearing when she was allegedly raped.

Despite a solid cross examination of the alleged victim and evidence tending to show that the injuries could not have occurred in our client's barracks room, the government pressed forward to a General Court-Martial, though we did get the ridiculous manslaughter charged dropped at the Article 32.

The prosecution spared no expense in obtaining witnesses to try to convict our client. We knew we had to do the same and bring as much firepower as possible. Mr. Bilecki employed the assistance of Mr. Gary Rini, an independent forensic science consultant to review all of the medical documents in the case in order to show that the marks on the alleged victim's neck were not consistent with strangulation. The defense also employed the assistance of Dr. Christopher Perry, the Chief of Inpatient Psychiatry at Tripler Army Medical Hospital to help interpret voluminous mental health records of the alleged victim that were turned over to us by the prosecution.

At trial, we were able to show that the Second Class had multiple personality disorders and histrionic tendencies. Through both a blistering cross-examination of the government's sex assault nurse expert and through the testimony of Dr. Perry, that the marks on the alleged victim's neck were shown to not be consistent with strangulation marks. Mr. Bilecki weaved all of this into a compelling story for the jury – exposing what really occurred: The Second Class got drunk on her birthday, took our client back to his place, had sex with him and was thrown own when our client's "beer goggles" wore off. She could not take the rejection and in revenge, made a false allegation against our client – something that was not surprising given her mental health issues.

After a week-long trial, our client was found NOT GUILTY OF ALL SEX CRIMES, but found guilty of one of the assault charges. He was sentenced to be reduced one rank and served three months in confinement. NO PUNITIVE DISCHARGE. Of course, the "victim" was never charged with perjury or making false allegations.

RESULT: NOT GUILTY ON ALL SEX CHARGES


Torii Station, Okinawa: Army O-3 – February 2012

Charges: Administrative Separation Board. Speeding (in Japan), Failure to Obey a Lawful Order (traveling through Philippines without proper authorization), DUI ( in Japan), Speeding (in Japan), Driving on Suspended License, False Official Statement, Driving on Revoked License, Accessing Base without Authorization, Failing to Stop when Ordered to by a Gate Guard.

Client was a Special Forces operator who was facing a slew of misconduct charges dating back to 2009 during an operation in the Philippines. The misconduct included traveling throughout the Philippines without proper authorization, traveling throughout the Philippines against a direct order not to do so, a DUI in Japan, multiple occasions of driving on both a suspended and revoked license, making a false official statement and failing to stop at an installation access control point gate when ordered to do so and while on a revoked driver's license.

In order to get the best defense possible, our client was represented by both civilian military lawyer Timothy Bilecki and civilian military attorney Brian Bouffard. In this case, Mr. Bilecki and Mr. Bouffard first dealt with an onslaught of administrative matters while continuously fighting to keep our client from getting criminally charged. Mr. Bilecki and Mr. Bouffard assisted in preparing documents for the promotion review board, drafted rebuttals to two separate General Officer Memorandum of Reprimand (GOMOR) and assisted in the appeal of officer evaluation reports. During this one-year time period where Mr. Bilecki and Mr. Bouffard represented the client, we were successful in keeping any criminal charges from being preferred. When our client was notified of the inevitable officer show cause board (BOI), Mr. Bilecki and Mr. Bouffard traveled to Okinawa to fight the onslaught of allegations against our client and do whatever possible to keep him from being discharged with an Other Than Honorable Discharge.

Mr. Bilecki and Mr. Bouffard fully litigated the BOI and were successful in securing our client a General, Under Honorable Conditions discharge.

RESULT: NO CRIMINAL CHARGES; GENERAL, UNDER HONORABLE CONDITIONS DISCHARGE AT A BOARD


Hickam AFB, Hawaii: E-4 - January 2012

Charges: Rape

Our client was suspected of raping his girlfriend and alleged "baby momma" after the client learned that the baby was not his and threw her out of the house (non-violently). Having been caught in her lies and seeking revenge, she cried rape to the Honolulu Police Department - who would not take the case. After learning that HPD would not take the case, she then went to our client's command and claimed she was raped. In typical military fashion, they did not see the "victim's" obvious motives to fabricate a story and began an intensive investigation of our client which lasted months. We were brought on immediately after the client learned he was being investigated - before charges were preferred - and we immediately began investigating the "victim" in this case and exposed that she had substantial motive to fabricate her story, mainly that she was looking to financially exploit our client. We brought this to the prosecutor's attention and all charges were dismissed.

RESULT: ALL CRIMINAL CHARGES DROPPED


Camp Foster, Okinawa, Japan: Marine E-4 – January 2012

Charges: Possession and Use of Spice

Japanese Police near Gate 2 Street in Okinawa caught a Marine Corporal and his liberty buddy with Spice. They were arrested and later turned over to the military police. Immediately after the arrest, Mr. Bilecki was retained to represent the LCpl.

Our client was charged at a Special Court-Martial, and Mr. Bilecki fought the case by demanding various expert witnesses for the defense as well as litigating the lawfulness of the General Order prohibiting Spice. After Mr. Bilecki's full-court press and threat to take the case to trial, the government ended up dropping all criminal charges against our client. Months later, the government took our client to an administrative separation board and tried to kick him out of the Service with an Other Than Honorable discharge. The government used the administrative separation board because they were so concerned that they could not get a conviction at an actual trial, where the burden of proof is beyond a reasonable doubt and the rules of evidence apply. We still fought for our client and traveled to Okinawa for the administrative separation board. At the board, the government tried to put on a "paper case" by not calling witnesses and only admitting the investigative reports. This was done so that the defense could not cross-examine their witnesses.

Even so, the government was not successful in getting their Other Than Honorable Discharge; instead, the board members gave our client a General, Under Honorable Conditions Discharge.

RESULT: ALL CRIMINAL CHARGED DROPPED AFTER PREFERRAL, No felony conviction, NO jail time, General Discharge Under Honorable Conditions


Kaneohe Bay, Hawaii: Marine E-3 – January 2012

Charges: Hazing

Possibly second only to the military's war on sexual assault, the Marine Corps and Army have recently taken an absurdly aggressive posture on hazing cases, as demonstrated by the fact that our office has defended numerous courts-martial for hazing in the first half of 2012 alone – winning all of those cases. In this case, the government tried to get our client to sign a "fast track" disposition without having the Marine ever consult with an attorney. A "fast track," as it is known in the Marines, is when the command threatens to charge a Marine with a Special or General Court Martial but offers him a deal to send the charges to a Summary Court Martial if the Marine will agree to an administrative separation with an OTH (which takes away your GI Bill) and plead guilty at a Summary Court Martial (essentially guaranteeing 30 days confinement). Here, the commander and First Sergeant tried to strong arm our client into taking a "fast track" while out in the field and unable to speak with an attorney. Our client used a cell phone in the field to contact our office immediately and took pictures (using the iPhone) of the "fast track" letter as well as the charge sheet and sent those to Mr. Bilecki to review. The command refused to allow the Marine to see any of the evidence against him and tried to force him into a Summary Court-Martial and OTH without ever looking at the evidence.

Mr. Bilecki started working the night Bilecki & Tipon, LLLC was retained and learned that the "hazing" simply involved the Marine using the butt of his rifle to wake up a PFC who was apparently sleeping while on guard duty while at Mojave Viper. It seemed beyond belief that the Marines would charge a LCpl with hazing for waking up a junior Marine who was sleeping on guard duty. When Mr. Bilecki was in the military, someone falling asleep on guard duty would be lucky to only get awakened up with the butt of a rifle, but now the Marines consider this hazing.

Mr. Bilecki immediately contacted the chain of command and prosecutors' office and turned down the "fast track," demanding a jury trial. Our office is still confident enough in the court-martial process to believe that a panel of senior Marines would refuse to convict a fellow Marine for simply doing his duty. They are Marines after all. After demanding a jury trial, the government waived the white flag and dropped all charges against our client. This Marine is still proudly serving in the United States Marine Corps.

RESULT: ALL CHARGES DROPPED, NO FEDERAL CONVICTION, CLIENT STILL IN THE USMC


Torii Station, Okinawa, Japan: Army E-4 – January 2012

Charges: Larceny, False Official Statement

Our client in this case retained Bilecki & Tipon, LLLC prior to being charged for larceny and false official statement (breaking into a vehicle and later lying about it to law enforcement). After being retained on the matter, Mr. Bilecki worked the case and negotiated with the prosecution to keep charges from being preferred against the client.

RESULT: CLIENT NEVER CRIMINALLY CHARGED, NO FEDERAL CONVICTION, NO CONFINEMENT


Tripler Army Medical Center (TAMC), Hawaii: Army O-4 (Surgeon) – November 2011

Charges: Inhaling Nitrous Oxide and Other General Anesthetics While on Duty

Bilecki & Tipon, LLLC was retained after our client, an Army surgeon, was investigated for using nitrous oxide and other general anesthetics while on duty. The nature of this allegation was incredibly serious, as a charge for wrongful use of a controlled substance could have potentially cost this physician his medical license.

After conducting our own investigation, we responded to the initial AR 15-6 investigation with a lengthy memorandum that exposed what we believed to be a culture of substance abuse among surgical residents at TAMC and explained our client's position with regard to the alleged substance abuse. The AR 15-6 Officer then drafted her findings, which essentially disregarded our initial memorandum. We then filed a rebuttal that encompassed nearly 150 pages of documents supporting our position and again exposing a culture of substance abuse at TAMC. Based on our rebuttal and aggressive posture, our client was not charged at a court-martial but rather given a General Officer Article 15. Never relenting, we met with the Commanding General in person at the Article 15 and advocated for our client.

Thanks to our meeting with the Commanding General, the Article 15 was suspended, and an investigation was launched into other individuals at TAMC. Months after this subsequent investigation, the Article 15 and all criminal charges against our client were dropped. Our client was given a local letter of reprimand, and he is still practicing medicine.

RESULT: ALL CHARGES DROPPED


Undisclosed Location, Hawaii: O-4 – November 2011

Charges: Information to be posted upon informed consent of the client

All charges dropped. Specific case information to be posted upon informed consent of the client.

RESULT: ALL CRIMINAL CHARGES DROPPED


Clovis, New Mexico: Air Force E-4 – November 2011

Charges: Child Pornography

Our client was charged with possession of child pornography after being caught up in a federal and state child pornography Internet sting operation entitled "Round-Up."

In this operation, federal and state law enforcement agencies monitored various peer-to-peer file sharing sites waiting for known videos and images to be accessed or downloaded. Once the target files were accessed or downloaded, the law enforcement agents then traced the IP address to determine the user's location. In this case, our client was utilizing the Internet from his Air Force lodging room at Cannon New Mexico to download the alleged child porn. Law enforcement then recorded all of the various actions of our client while the alleged child pornography was being downloaded and obtained a search warrant to search his lodging room and computer. After the search warrant was executed, his computer was seized and sent to the forensic lab for review and analysis. The results of the search confirmed the initial observations of law enforcement, that his personal computer was used to download images and videos of child pornography.

After being retained on the case, we realized that the facts in this case were undoubtedly stacked against us, so we attacked the weakest link in the government's case – the initial search authorization. Our claim was that law enforcement agents did not have the right to surreptitiously monitor the activities of our client and then use that monitoring to obtain a search authorization for the computer. If we were able to get all of the evidence suppressed, the government's case would fall apart. We pressed this issue, as well as other potential defenses in this case, and tried to leverage a favorable pre-trial agreement with the government. The prosecutors, however, would not agree to any plea deal for less than 5 years of confinement. The week before trial, we changed our plea from Not Guilty to Guilty and put on an extensive case in extenuation and mitigation without a deal in place for the client, in order to give him the absolute best possible outcome.

After a full day in court, the military judge only sentenced our client to 6 months confinement and a BCD. Given the typical sentence for child pornography and the five-year "deal" that was offered by the government, this was a fantastic result.

RESULT: ONLY 6 MONTHS CONFINEMENT IN CHILD PORNOGRAPHY CASE


Kaneohe Bay, Hawaii: Navy E-4 – November 2011

Charges: Child Pornography

Our client was charged with possession and distribution of large quantities of child pornography based on evidence found on his personal computer as well as a subsequent multi-hour videotaped confession. Mr. Bilecki was retained in this matter to do damage control and obtain the best result possible for the client.

After several months of litigation, we were able to obtain a 12-month deal for the client.

RESULT: 12 MONTH DEAL IN CHILD PORNOGRAPHY POSSESSION CASE


Rota Naval Base, Spain: Navy E-5 – October 2011

Charges: Sexual Assault, Fraud, Aggravated Assault, Tax Evasion

This case was tried by Mr. Waddington. Although the government offered numerous "deals" for our client, Mr. Waddington refused to accept any of them and instead opted to fight the charges. Thanks to his efforts, the client was ultimately found not guilty of all charges.

RESULT: NOT GUILTY OF ALL CHARGES


Kaneohe Bay, Hawaii: Marine E-4 – October 2011

Charges: Aggravated Assault on Infant, Escape from Prison

In one of our more complex cases, our client was initially suspected of attempted murder (the recommendation of the Article 32 Officer) of his 12-month-old baby and charged with multiple charges and specifications of assault on his child, inflicting serious bodily harm, child abuse, and child neglect. Based on the original charges, if convicted, our client would have likely spent most of his life in prison. In addition to those charges, and before we were retained on the case, our client escaped from pre-trial confinement in prison.

The victim in this case suffered what our experts stated was the most severe non-accidental head trauma they had seen in their careers. The child's skull was essentially shattered, and one of the skull fractures had caused a tear into the brain as well as a subdural hematoma. Had the baby not been presented to the ER when she was, she would have died. The government alleged that, the night before the baby was taken to the hospital, while our client's wife and mother of the child was out of the house, the client took the baby and slammed her head into a hard surface with extreme force, putting the baby into a coma. The next morning, when the mother woke up, she claimed she noticed the baby's head completely swollen and then took her to the ER, where she was intubated and placed in intensive care. CPS and Honolulu Police Department were immediately called out, and both parents were investigated. Our client made admissions to law enforcement that he had dropped the baby on numerous occasions, including the time of the alleged non-accidental skull fractures—this, in part, got him charged and placed in pre-trial confinement.

Upon being retained, we began assembling our team to take these charges head-on and get our client acquitted. This team consisted of Mr. Tim Bilecki as lead counsel, Mrs. Kiley Hyatt (attorney and Of Counsel to the BLG), Mr. Darron Ridder (investigator), Dr. Gregory Yim (one of America's leading pediatric neurologists), and Mr. William Oettinger (computer forensic expert). We immediately conducted our own investigation of the case and targeted the mother of the child as the individual who actually harmed the baby. Based on our theory, we dug into her life and learned that the baby had had numerous other "accidents" while in her care, that the baby took another serious "fall" with head trauma after our client was in pre-trial confinement, that the mother often had more liquor and cigarettes in the house than baby food, and that she had conducted numerous incriminating searches on her computer.

Mr. Bilecki then worked extensively with Dr. Yim to gain a full understanding of the complex and numerous CT scans, MRI images, and over 1000 pages of medical evidence in this case. Based on an intensive review of the medical records and the expert testimony of Dr. Yim, we were able to prove that the injuries must have occurred when the mother was with the baby and our client was at PT. We also showed that our client's explanation in his "confession," which we believed he made to take the blame off of his wife, was medically impossible. Armed with this information, we took this case head-on at trial and went after the mother.

In what was a week-long trial that took almost a year to get to court, Mr. Bilecki conducted a scathing cross-examination of our client's wife, exposing her as a liar, a bad mother, and the likely perpetrator of the crime. We also called our computer forensic expert as a witness to show the inculpatory searches and Internet history of the mother, which validated our case theory. The icing was put on the cake when Dr. Yim testified and placed the timeframe of the injuries when only the mother was with the child. After nearly a year of waiting and thousands of pages of discovery, our client was found not guilty of all of the assault charges in less than an hour. He was, however, convicted of the escape from prison, a charge we essentially conceded.

RESULT: FULLY ACQUITTED OF ALL "SHAKEN BABY" AND ASSAULT CHARGES. VERDICT IN LESS THAN AN HOUR.


MCAS Iwakuni, Japan: Marine E-4 – October 2011

Charges: Sexual Assault, Adultery, Communicating a Threat

Our client, a Marine at MCAS Iwakuni, was charged with multiple specifications of sexual assault, communicating a threat, adultery, false official statement, and violation of a lawful order for patronizing an off-limits establishment. After the alleged sexual assault, NCIS agents tricked the accused into drafting an "apology letter" to the "victim," under the premise that an apology letter would keep him from getting charged. However, the letter was instead turned over to the prosecutors and used against him as an admission. Court-martial charges followed. We conducted our own investigation and learned that the "victim" in this case was a liar and mentally unstable. We took an aggressive stance and fully litigated the Article 32 hearing, exposing her as a deceptive liar with a motive to fabricate the allegations. After the Article 32, the "victim" backed down and no longer wanted to go forward with the case, and the charges were dropped to a Summary Court-Martial. Mr. Hyatt flew to MCAS Iwakuni to represent our client at the Summary Court-Martial, where the client was found not guilty of all sexual assault charges. He was found guilty of adultery and violation of the lawful order but sentenced only to a reduction in rank.

RESULT: NOT GUILTY OF ALL SEXUAL ASSAULT CHARGES


Schofield Barracks, Hawaii: Army E-7 (MP) – October 2011

Charges: False Official Statement, Destruction of Property, Conspiracy to Commit Insurance Fraud

Our client was a military police officer who retained us during his AR 15-6 investigation for conspiracy to commit insurance fraud. The government alleged that he had conspired with other NCOs to purposefully damage a vehicle in order to get insurance money. After the investigation, the command wanted to take our client to a court-martial, even though it would have been extremely difficult for the government to prove that our client had committed any misconduct. We took an aggressive posture in our negotiations and emphasized that, if our client received an Article 15, we would turn it down and fight it at trial, and, if charges were preferred against our client, we would try the case to verdict. Not wanting a court battle, the government relented, and no charges were brought against our client. The command instead only gave him a letter of reprimand.

RESULT: CLIENT NEVER CHARGED


Camp Foster, Okinawa, Japan: Marine Corps E-3 – September 2011

Charges: Possession of Spice, Possession of an Illegal Knife

While off base, our client in this case was caught by the Japanese Police with a knife and a small bag of Spice. He was arrested and turned over to his command, which preferred charges against him for possession of Spice. However, because there were no admissions made by the client, and because no testing of the Spice was conducted, we demanded a fully litigated trial. Not wanting to take the case to trial against us without proper evidence, the government dropped all charges.

RESULT: ALL CHARGES DROPPED IN SPICE CASE


Camp Casey, Korea: Army Captain – September 2011

Charges: Aggravated Assault, Communicating a Threat of Murder

Our client 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 adequate support; and threatening to kill her if she reported the alleged violence to authorities. We strategically and aggressively fought this case, showing that our client's wife fabricated the majority of the allegations in order to leverage her husband into providing additional support. We went through the government's evidence with a fine-toothed comb, exposing all of the deficiencies in the case. After several months of investigation and negotiations, no criminal charges were ever preferred against our client.

RESULT: CLIENT NEVER CHARGED


Deagu, Korea: Army E-7 (MP) – September 2011

Charge: Rape

Our client in this case had been an escort in the past for one of Mr. Bilecki's clients and saw Mr. Bilecki win an acquittal for that client in a rape case. Two years later, when he was being investigated for rape himself, he immediately turned to Mr. Bilecki 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 rape 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 finally dropped all charges against our client.

RESULT: ALL RAPE CHARGES DROPPED


Kaneohe Bay, Hawaii: Marine Corps E-4 – September 2011

Charge: Malingering

Our client was charged with malingering in an attempt to miss a deployment. Bilecki & Tipon, LLLC was retained, and we fought so that our client would not end up with a federal conviction. We were able to keep this case at a Summary Court-Martial level and prevent a Federal Conviction.

RESULT: NO FEDERAL CONVICTION


McGuire AFB, New Jersey: Air Force E-3 - September 2011

Charges: Aggravated Sexual Assault and Wrongful Sexual Contact (Article 120)

Our client in this case was facing over 31 years in prison when we were retained. He was accused of going into a bathroom where a female airman had been vomiting and was supposedly unconscious and sexually assaulting her. Two Security Forces police officers claimed to have witnessed the crime and intervened. To strengthen their case, Air Force OSI agents planned a sting operation where the "victim" called the accused and tried to get him to admit to the crimes in what is known as a pretext phone call. OSI recorded the call, in which the client repeatedly apologized and made several incriminating statements. This recording was later played to the panel.

The case was tried by Mr. Waddington, who fought all of the charges in front of a panel and showed that the law enforcement "witnesses" were liars and criminals and that they perjured themselves on the stand. Mr. Waddington further proved that they severely beat and abused our client the night of the "assault" because he was caught making out with one of their fellow officer's girlfriends. In addition, the victim was exposed as a liar, drama queen, and drug and alcohol addict. We showed that she also played a role in the beating and aggravated assault of our client and its cover-up. In the end, our client was found not guilty of all charges.

RESULT: NOT GUILTY OF ALL CHARGES


Minot AFB, North Dakota, Air Force E-4 - August 2011

Charge: Rape

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 that 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.

RESULT: NOT GUILTY OF ALL CHARGES


Yakoda AFB, Japan: Air Force E-6 – August 2011

Charge: BAH Fraud

Our client was charged with BAH and FSA fraud for over $30,000. Prior to the allegations being made, our client was stationed in Japan, and his wife was residing in Texas, properly receiving BAH and 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 for Texas (where there was no longer a residence) and the FSA. Upon being interrogated by OSI, the client admitted to BAH and FSA fraud and that confession was videotaped and later played in trial to the jury.

After being retained on the case, we conducted our own financial calculation of the alleged fraud and greatly reduced the amount of the overpayment. We were also able to put 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. Likely based on the videotaped 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 days restriction, with no punitive discharge.

Result: received a two-grade reduction, 45 days restriction, NO PUNITIVE DISCHARGE.


Schofield Barracks, Hawaii: Army E-8 – July 2011

Charges: False Official Statement (x2), Obstruction of Justice

Maximum Sentence: Dishonorable Discharge, 15 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, loss of military retirement

Bilecki & Tipon, LLLC was retained to represent a retirement-eligible Army Master Sergeant who was accused of falsifying NCOERs and subsequently destroying his government hard drive in order to get rid of evidence. When we were brought onboard, this case was in the initial investigative stage. Attorney Kiley Hyatt of our firm took the lead role and worked with the client and investigating officer in an attempt to avert a General Court-Martial. After the initial investigation was concluded, Mrs. Hyatt brokered a deal with the prosecutor so this case could be adjudicated at the Summary Court-Martial level and our client would not have to enter into a guilty plea. Mrs. Hyatt represented the client 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. The Summary Court-Martial officer also sentenced the client to a mere one-grade reduction. Our client has since submitted his retirement paperwork and will receive his full retirement benefits. Finally, because this was kept at the Summary Court-Martial level, our client has no federal conviction on his record.

Result: NO FEDERAL CONVICTION


Yakoda AFB, Japan: Air Force E-6 – August 2011

Charges: BAH Fraud

Our client was charged with BAH and FSA fraud for over $30,000. Prior to the allegations being made, our client was stationed in Japan, and his wife was residing in Texas, properly receiving BAH and 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 for Texas (where there was no longer a residence) and the FSA. Upon being interrogated by OSI, the client admitted to BAH and FSA fraud, and that confession was videotaped and later played in trial to the jury.

After being retained on the case, we conducted our own financial calculation of the alleged fraud and greatly reduced the amount of the overpayment. We were also able to put 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. Likely based on the videotaped 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 days restriction, with no punitive discharge.

Result: Client charged with over $30,000 in BAH fraud, received a two-grade reduction, 45 days restriction, NO PUNITIVE DISCHARGE.


Camp Casey, Korea: Army E-6 - July 2011

Charges: Kidnapping, Assault Consummated by Battery, Communicating a Threat

Maximum Sentence: Dishonorable Discharge, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction

Mr. Bilecki was retained on this case after an in-person meeting with our client in Seoul, Korea, once the client was being investigated for kidnapping, assault, and communicating a threat. Our client 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. Immediately upon being retained, we utilized the skills of our in-house paralegal investigator, Darron Ridder—a former senior paralegal in Korea's Area I—to fully investigate the case and work with Mr. Bilecki and government decision-makers in an attempt to keep the allegations from going to 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.

Result: CHARGED WITH KIDNAPPING AND ASSAULT - REDUCED TO AN ARTICLE 15


Kaneohe Bay, Hawaii: Marine Corps E-3 – June 2011

Charges: Barracks Larceny, Witness Intimidation, False Official Statement

Our client was accused of being the ringleader of a large-scale barracks theft operation at MCB 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. He was charged at a General Court-Martial and, when we were retained, 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, who sent the charges to an Article 32 investigation. 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 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 and selling it to civilians. The case broke when our client and his ring allegedly broke into numerous barracks rooms at K-Bay and then faked the break-in of our client's 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.

We took 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.

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 was not even sentenced to confinement. He instead received no prison time, no conviction, and an honorable discharge.

Result: NO PRISON TIME, NO CONVICTION, HONORABLE DISCHARGE


Camp Foster, Okinawa, Japan: Marine E-5 – June 2011

Charges: Conspiracy to possess Spice (over one kilo), attempted possession of Spice, false official statement (x3), possession of a Schedule III controlled substance, communication of a threat (x2), adultery, witness intimidation, mail fraud (x2), violation of a general order, fraternization, Basic Allowance for Housing Fraud, obstruction of justice

Maximum Sentence: Dishonorable Discharge, 101 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction

In one of the biggest Spice cases in recent memory, our client was charged 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 our client, and it was eventually alleged that our client 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. Our 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 our client may have been responsible for nearly $10,000 of BAH fraud. Once the case was under investigation, our client 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 double-digit confinement time and a dishonorable discharge. Given the gravity of the offense and the evidence against the client, including a confession, this sentence was not unrealistic.

We 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 dropped to 10 months because of the agreement we had in place, and even commented specifically on how good of a deal we had brokered for our client.

RESULT: 10 MONTHS CONFINEMENT, ALL NON-MILITARY CHARGES WITHDRAWN


Camp Foster, Okinawa, Japan: Marine E-8 – June 2011

Charges: Abusive Sexual Contact, Drunk and Disorderly Conduct

Maximum Sentence: Dishonorable Discharge, 7 years and 6 months confinement, total forfeiture, reduction to E-1, Sex offender registration, Federal felony conviction, Loss of military retirement

This case involved yet another Marine in Okinawa charged with an alcohol-related sexual assault. Our client was charged after his friend's wife claimed that she was sexually assaulted in her bedroom after throwing a birthday party for her husband. Allegedly, our client became highly intoxicated, crawled into bed with the victim, and sexually assaulted her while she was asleep. After being sexually assaulted, the alleged victim woke up and identified our client running out of the bedroom. While there was limited physical evidence in this case, the circumstantial evidence was strong, given that our client was the only other male in the house beside the alleged victim's husband and our client was wearing a bright orange shirt (which she identified) and that the victim did not have any strong motives to fabricate an offense. After a week in trial, our client was convicted of abusive sexual contact. Nevertheless, the defense put on a strong sentencing argument as well as demonstrated the value of our client's retirement. While the government asked for 18 months confinement and a bad conduct discharge, our client received no jail time and no discharge with only a two-grade reduction in rank and restriction to base. Additionally, our client is still eligible for his military retirement.

RESULT: NO JAIL TIME AND NO DISCHARGE


Osan Air Force Base, Korea: Air Force E-7 – June 2011

Charges: Resisting apprehension, Assault on a commissioned officer (x3), Drunk and disorderly conduct

Maximum Sentence: Dishonorable Discharge, 10 years and 6 months confinement, total forfeiture, reduction to E-1, Federal felony conviction, Loss of military retirement

This case began with an ITT-sponsored wine-tasting tour around Korea. Our client, a male Air Force Master Sergeant with 18 years of service, became heavily intoxicated with wine over the course of the tour and, on the bus ride home, got into an altercation with two Air Force officers while suffering from an alcohol-induced blackout. Our client eventually punched the chief of justice (a female and the senior prosecutor at Osan, AFB) in the face, assaulted a registered nurse who attempted to break up the fight, and then resisted apprehension when OSI agents arrested him as the bus arrived at Osan, AFB. This was a very difficult case from the onset: In addition to the fact that the victim was a female, an officer, and the senior prosecutor at the base, there were nearly a dozen witnesses to the altercation. Even against the odds, though, we refused to plea the case. After interviewing all of the witnesses and conducting a thorough Article 32 hearing, the defense learned that the senior prosecutor might have actually started the fight and assaulted our client first, after losing her temper and yelling at our client. This provided us with not only a self-defense claim but also a divestiture defense against the senior prosecutor (that she had divested herself of her rank because of her actions). To further our case, we brought an expert in pharmacology onto the defense team to testify regarding the effects of alcohol in order to negate the specific intent aspects of the charges.

When the case went to trial in front of a jury, we utilized the self-defense and divestiture defenses and also alleged that the OSI agents had used excessive force on our client when arresting him (they had knocked out his front two teeth). At the end of a week-long trial, our client was found not guilty of resisting arrest and not guilty of assault on a commissioned officer, but guilty of the lesser included offenses of assault consummated by battery, drunk and disorderly conduct, and assault on the registered nurse. During the sentencing portion of the trial, we assembled extensive materials for extenuation and mitigation in order to save our client's retirement. The government asked for extensive confinement and a dishonorable discharge, but based on the evidence we put on at trial and the sentencing case, the panel only sentenced our client to a two-grade reduction and 30 days confinement. No punitive discharge was given, and we were able to save this senior NCO's retirement, which was calculated to have a value of over one million dollars.

RESULT: NO PUNITIVE DISCHARGE, MILLION DOLLAR RETIREMENT SAVED


Camp Foster, Okinawa, Japan: Marine E-4 – June 2011

Charges: Possession of Spice, Distribution of Spice, Possession with intent to distribute Ecstasy, Attempted possession of Liquid Ecstasy, Attempted distribution of Liquid Ecstasy, Larceny of government funds

Maximum Sentence: Dishonorable Discharge, 30 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction

Our client was alleged to be a leader in the Spice and Liquid Ecstasy "liquids" trade among Marines in Okinawa, Japan, when one of his clients became an undercover informant and set up a controlled buy for NCIS. After the controlled buy (wherein our client's "friends" were wearing wires), our client's house was searched, and a large amount of Spice was found in his possession. Thereafter, our client sealed his fate by providing a corroborated, full confession to NCIS, who videotaped him doing so. The Spice was later sent to the United States Army Criminal Investigative Laboratory (USACIL) for testing and came back positive for JWH-018 (now a Schedule I controlled substance). Our law firm was brought in to do damage control and secure the best deal possible for the client. Through a tough negotiation process and consistently leveraging our willingness to simply try the case, we obtained an outstanding pre-trial agreement which amounted to a "time served" deal.

RESULT: TIME SERVED


Schofield Barracks, Hawaii: Army E-5 – May 2011

Charges: Rape, Assault Consummated by Battery, Assault on a Minor

Maximum Sentence: Dishonorable Discharge, Life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, Sex offender registration

In yet another case involving a full confession, our client was charged with abusing his children and raping his wife, the latter of which he confessed to during a CID interrogation. In order to help ensure a conviction, the Army brought in its Special Victim Prosecutor to try the case. We utilized our in-house paralegal investigator to conduct an independent investigation, including obtaining as much information as possible on the alleged victim to discover her motives for making the allegation and potentially use them against her in trial. At trial, Mrs. Hyatt conducted a grueling cross-examination of the alleged victim, which we believe showed that she fabricated her allegation in order to gain leverage against our client in an upcoming divorce in which child custody was a hotly contested issue. In order to win the trial, however, we had to directly address the written and audio-taped "confession." Mr. Bilecki cross-examined the law-enforcement officer who took the confession until he admitted that our client had spent the majority of the interrogation proclaiming his innocence before finally breaking down and giving a "confession." After nearly a week of trial, the panel came back with a verdict of not guilty of all charges and specifications.

RESULT: NOT GUILTY OF ALL CHARGES


Schofield Barracks, Hawaii: Army E-4 – May 2011

Charges: False Official Statement (x3)

Maximum Sentence: Bad Conduct Discharge, 15 years confinement, total forfeiture, reduction to E-1, Federal felony conviction

FULL ACQUITTAL. Our Soldier client was initially investigated for larceny of over $30,000 of government funds for allegedly defrauding Child and Youth Service (military daycare) by claiming that she was single when she was legally married, which put her in a lower fee schedule. This matter was brought to light when her estranged husband made an allegation to the command that his wife was defrauding the government. The case was investigated by CID, who interviewed our client and obtained a written and audio-taped “confession” from her. Based on this “confession,” the military put a debt surpassing $30,000 on the Soldier's account, presumed her guilty, and charged her under the UCMJ. Working with military counsel, we conducted a thorough investigation of our own and determined that our client's husband had abused her, abandoned her and her children, and provided absolutely no financial support. We used supporting witnesses and evidence to have the entire debt removed from our client's account because, while married on paper, she was, in reality, single. Even after removing the debt, though, the government was unrelenting in its mission to prosecute our client and took her to a court-martial.

At trial, we undertook a crushing cross-examination of the law enforcement agent who had taken the “confession” and turned his tactics against him, showing the coercive nature of his interview. We also demonstrated that the court-martial was an overzealous prosecution of a single Soldier trying to raise her children and deal with a negligent, abusive husband. In the end, the jury granted our client a full acquittal, deeming her not guilty of the charge and its specifications.

Result: NOT GUILTY OF ALL CHARGES


Yongsan, Korea: O-3 – April 2011

Charges: Rape, Forcible Sodomy, Adultery, Obstruction of Justice, Fraternization, Larceny of Government funds (BAH

Maximum Sentence: Dismissal, Life in confinement, total forfeiture, dismissal from the service, Federal felony conviction, sex offender registration

Our client, a Captain, was accused of drinking with a First Sergeant in Itaewon, Korea; taking two young, enlisted girls back to the First Sergeant's house; and violently raping them. The government theorized that the CPT and 1SG met the two Soldiers at a bar, got them drunk, put GHB in their drinks, took them back to the 1SG's apartment, and raped them while they were blacked out. Additionally, our client was charged with larceny of over $20,000 of government funds (BAH fraud). This was an extremely difficult case, given statements regarding the case previously made by our client to his friends, DNA evidence (which placed our client's DNA in a victim's mouth), trace evidence (which suggested a condom was used), and toxicology evidence (which showed narcotics in one victim's system). Undaunted, we assembled a defense team to attack the charges at all avenues: the team included a physiatrist who specializes in blackouts, a DNA/trace evidence expert, and a civilian sexual assault nurse examiner.

After a week-long battle, our client was found not guilty of the rape, not guilty of the indecent acts, not guilty to one fraternization charge, and not guilty to one of two housing fraud charges, but guilty of the lesser included offense of aggravated sexual assault, forcible sodomy, adultery, and the remaining larceny charge. The government asked for a sentence of 15 years confinement, but our client was only sentenced to 4 years confinement, a favorable result given the scientific evidence involved, the statements against interest, and that life in confinement was on the table.

RESULT: NOT GUILTY OF RAPE (but G of lesser included offenses)


MCAS Kaneohe Bay, Hawaii: E-3 – April 2011

Charges: Conspiracy, Counterfeiting US currency x7, use of methamphetamines x3, trafficking of cocaine, distribution of cocaine, distribution of methamphetamines, distribution of Ecstasy

Maximum Sentence: DD, 235 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction

Our client was charged (under the UCMJ) with the extremely serious offenses of drug trafficking, conspiracy, and uttering counterfeit currency for a criminal enterprise alleged to have counterfeited over $100,000 in currency that was laundered through various consumer establishments and adult entertainment nightclubs in Hawaii. This case came about after a lengthy federal investigation, a joint effort by the FBI and Secret Service that utilized wire taps, undercover surveillance, and confidential informants. The goal was to ferret out a massive criminal enterprise involving the production and uttering of counterfeit US currency as well as related drug trafficking. As our client was initially facing a federal indictment with double-digit mandatory minimums, one of the main goals in this case was ensuring that the client was charged in the military system, not by the US Attorney's office. That goal was met through the client's substantial cooperation with the Secret Service and NCIS. However, even after the Marine Corps brought charges against our client, the military prosecutors still sought an extensive period of confinement. We fought the charges on the military side and filed voluminous motions to suppress the nearly 30 hours of recorded interrogations of our client.

Based in part on our extensive motions practice and our unrelenting pressure to try the case in what would have likely been a multiple-week, incredibly expensive trial, the government relented and offered us the almost unbelievable deal of 18 months confinement (the client was facing 235 years under the UCMJ). We entered into the pre-trial agreement, and our client received the 18 months of confinement instead of the 12+ years in Federal confinement he likely would have been sentenced to if he had been indicted by the US Attorney's Office.

RESULT: 18 MONTH DEAL WHEN CLIENT FACED 235 YEARS FOR COUNTERFEITING CURRENCY, DRUG TRAFFICKING AND DRUG USE


Camp Humphreys, Korea: E-5 – March 2011

Charges: Larceny of Government funds (BAH, OHA, FSA), False Official Statement x7, Fraud x2

Maximum Sentence: DD, 55 years confinement, total forfeiture, reduction to E-1, fine, Federal felony conviction

Our client was charged with nearly $30,000 in fraud for allegedly obtaining Basic Allowance for Housing, Overseas Housing Allowance, and Family Separation Allowance by claiming that her husband was residing in Brooklyn, NY, while the government claimed that her husband not only did not live in NY but also did not exist. Based on discrepancies in various financial documents reviewed during an audit, the government and law enforcement conducted an exhaustive investigation into the actual whereabouts of our client's husband, a third-country national from Trinidad who was neither located nor verified as a legal US (or other) citizen. Although this case initially looked almost impossible to win, we demanded a jury trial and tenaciously fought all of the charges with hard-hitting attorney CPT Felix Onyango. We also kept the majority of the CID's investigation out of evidence. After a nearly week-long trial, the client was found not guilty of all charges and specifications except a portion of the Family Separation Allowance charge. She received only 120 days of the possible 55 years in confinement.

RESULT: NOT GUILTY OF ALL CHARGES


Camp Casey, Korea: E-6 – March 2011

Charges: Violation of a Lawful Order from an NCO, Violation of a Lawful Order, Dereliction of Duty

Maximum Sentence: DD, 1 year and 9 months confinement, total forfeitures, reduction to E-1, Federal felony conviction

Our client was a Soldier initially charged with violating multiple lawful orders by not PCS'ing to her new duty assignment. This case involved competing orders regarding the date and location of the PCS as well as the approval of extension orders. Bilecki & Tipon, LLLC was retained early on and, through advocating with the government trial counsel, was able to keep this case at the administrative level and Special or General Court-Martial. The charges were never preferred against our client.

RESULT: ALL CHARGES DROPPED


Wiesbaden, Germany: E-6 – February 2011

Charges: Larceny of Government Funds (BAH), False Official Statement, Disrespect, Violation of a Lawful Order

Maximum Sentence: DD, 26 years confinement, total forfeiture, reduction to E-1, fine, Federal felony conviction

The client was charged with BAH fraud, filling out false start/stop BAH forms, disrespecting her company commander, and violating a lawful order to stay out of her ex-husband's quarters. Our client had discovered that the man she believed to be her husband (who was abusive towards her) had divorced her without her knowledge and remarried another woman back in the US. Upon learning this, the client sought to move out of the government quarters she shared with her now ex-husband and take her kids with her. However, the commander would not allow her to move her children off-post, instead mandating that they remain with the abusive husband (one child was not even the husband's biological child). The commander ordered our client to stay out of her former on-post quarters and made no provisions for her to see her children. After learning that her young children were being left overnight with no supervision, our client went to her former quarters to check on the well-being of her children, which incited the charge of violation of a lawful order. When the client told her commander that she would do what she had to do when it came to her children, she was further charged with disrespect.

After documenting numerous instances of abuse by the ex-husband (which the commander did nothing about), our client did everything possible to move her children back to the States to the safety of her family. She obtained Early Return of Dependent orders, and then filled out the necessary BAH start/stop forms for her children, listing the location she intended for them to reside at. However, before she was able to move the children, the ex-husband absconded with the children to a different location in the States. Notwithstanding that there was never an intent to defraud the government, that our client was only acting as a mother protecting her children, and that she received only one month of unnecessary BAH at the address in question, the government charged her with BAH Fraud.

With the assistance of Senior Defense Counsel MAJ Andy Bishop, we fought this case with a vengeance, contesting all charges and specifications at a fully contested jury trial which lasted nearly one week. Halfway through the trial, exculpatory evidence was discovered, and we made a motion for a mistrial for failure of the government to turn over Brady material. While the motion for mistrial was denied, all BAH fraud charges were withdrawn and dismissed by the government. The client was found not guilty of all remaining charges except the violation of the lawful order. The government requested the maximum sentence, but our client received only a one-grade reduction and hard labor without confinement for 60 days.

RESULT: ONE GRADE REDUCTION, NO DISCHARGE


Atsugi, Japan: E-4 – February 2011

Charge: Aggravated Assault

Maximum Sentence: DD, 3 years confinement, total forfeiture, reduction to E-1, Federal felony conviction

The client was accused of assaulting his girlfriend after she discovered him with another woman. We were brought on to the case during the initial investigation before charges were preferred, with the goal of keeping the case from going to a court-martial. We worked with the client, the victim, law enforcement, and family advocacy to show that many of the allegations were exaggerated or entirely fabricated. Based on our thorough pre-trial investigation and advocacy, we succeeded in keeping the charges from being preferred against the client.

RESULT: ALL CHARGES DROPPED


MCAS Iwakuni, Japan: E-3 – February 2011

Charge: Aggravated Sexual Assault

Maximum Sentence: DD, 30 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

Our client, a Marine, met a girl at the Enlisted Club on base, drank with her, and brought her back to the barracks (at her request). The girl then left his barracks room, returned wearing much more suggestive clothing, and asked the other Marine in the room to leave. She and our client had consensual sexual intercourse, and, halfway through the act, the girl asked our client to use a condom, which he did. The following morning, they snuggled, kissed, and had breakfast together. She later reported the incident as rape. We were retained immediately after the rape allegation but well before actual charges were brought against the Marine. This allowed us time to conduct a thorough investigation into the case to discover the motive.

Our investigation revealed that the "victim" had just broken up with her boyfriend (who had been engaged to another woman) and was essentially looking for, in our opinion, breakup sex. During the sexual act with our client, she was likely impregnated. After learning this, we concluded that she had demanded financial compensation from her ex-boyfriend (now engaged to another woman) who would not give her the time of day, and explained that it could not be his child because he was sterile. The "victim" then went after our client, had an abortion then claimed rape. We traveled to Iwakuni, Japan and aggressively litigated these issues at the Article 32 hearing. We also conducted a devastating cross-examination of the "victim." After the hearing, all charges against our client were dismissed.

RESULT: ALL CHARGES DISMISSED AFTER ARTICLE 32 IN RAPE CASE


MCAS Iwakuni, Japan: E-5 – February 2011

Charges: Aggravated Sexual Assault, Wrongful Sexual Contact

Maximum Sentence: DD, 31 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

Our client, a Sailor, was charged with sexual assault, and Bilecki & Tipon was retained almost immediately after the allegations were made. Because we were brought on early in the case, we had time to conduct our own investigation. Based on our findings, we were able to negotiate with the prosecutors, keep the charges from being referred to a General Court-Martial (as is standard practice in the military for sexual assault cases), and instead have the case referred to a Special Court-Martial. This alone reduced the client's exposure from 31 years confinement and a Dishonorable Discharge to only 1 year and a Bad Conduct Discharge. Due to other contractual and financial matters, we were not retained to try this case; however, it remained at only a Special Court-Martial.

RESULT: SEX ASSAULT DROPPED TO SPECIAL COURT MARTIAL AFTER 32


MCAS Iwakuni, Japan: E-3 – February 2011

Charges: Conspiracy, Distribution of Ecstasy, Possession of Oxycodone

Maximum Sentence: DD, 35 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction

Based on a lengthy and thorough investigation by NCIS, our Marine client was inculpated in a large-scale Ecstasy distribution ring allegedly responsible for importing and distributing tens of thousands of Ecstasy pills onto MCAS Iwakuni, Japan. Before we were retained on this case, our client gave to law enforcement a confession that greatly limited our options in defending this case. Given that confession, the quantity of drugs allegedly imported and distributed, and the numerous co-accused who were lining up to testify against our client for grants of immunity, we elected to travel to MCAS Iwakuni to meet with the prosecutors and work out an alternate disposition.

Initially, the government was seeking over 5 years confinement in return for a plea of guilty, but after we threatened a fully contested trial, we were able get the charges reduced to Special Court-Martial and negotiate a confinement cap of only 10 months. At the sentencing hearing, held in Okinawa, we put on a compelling mitigation and extenuation case, and our client was only sentenced to 6 months confinement. Had this case been brought to the US Attorney's office, the client would have likely faced double-digit confinement with mandatory minimums. If Bilecki & Tipon, LLLC had not aggressively negotiated with the government, including the in-person travel, this Marine would have likely done 3-5 years in military confinement.

RESULT: 6 MONTHS CONFIENEMENT IN DRUG DISTRIBUTION CASE


Schofield Barracks, Hawaii: E-5 – January 2011

Charges: Maltreatment, Wrongful Sexual Contact x2, Assault x2, Housebreaking

Maximum Sentence: DD, 8 years and 6 months confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

Our client was charged with breaking into a junior enlisted Soldier's on-post quarters and touching her sexually against her will after allegedly sexually harassing her in the past. The government also charged our client with wrongful sexual contact with an unrelated junior enlisted Soldier, thus giving the case two separate "victims" at fairly unrelated events. When the Soldier retained Bilecki & Tipon, LLLC, he had already entered into a guilty plea but was looking for other options. We conducted a thorough review of the case and backed out of the guilty plea. For the next three months, we fought the government until we were able to get a Chapter 10 (Separation in Lieu of Court-Martial) approved for our client. After the Chapter 10 was approved, all charges were dismissed. Based on a prior honorable enlistment, our client was also able to maintain his eligibility for the Post-9/11 GI Bill.

RESULT: ALL CHARGES DISMISSED


Camp Casey, Korea: E5 – January 2011

Charge: Aggravated Sexual Assault

Maximum Sentence: DD, 30 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

The client was accused of rape by a Filipina juicy girl in "The Ville" outside of Camp Casey. After a night of partying and drinking, our client and the girl allegedly went to a hotel and had sexual intercourse. However, when the girl's fiancé (who was a Soldier stationed in the States) found out, a rape claim was made. Bilecki & Tipon, LLLC was retained during the initial investigation with the goal of keeping the charges from being preferred against the client. Immediately after being retained, we began our independent investigation and learned that the purported victim had, after the alleged incident, moved to the US on a fiancé visa and would have had an extremely difficult time re-entering Korea to testify at trial. Working with the Special Victim Prosecutor, we leveraged this information as well as the obvious motive to fabricate evidence. After intense negotiations, no charges were preferred against our client.

RESULT: ALL CHARGES DROPPED


Hickam AFB, Honolulu, Hawaii: E-4 – January 2010

Charges: Use of Methamphetamines

Maximum Sentence: DD, 5 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction

After our client's house was searched by military and local law enforcement in a drug-suppression operation, he was initially facing multiple specifications of possession of methamphetamines and possession with the intent to distribute methamphetamines. After being retained, we combed through the investigation and learned that law enforcement agents had blatantly violated our client's Constitutional rights and lost portions of the videotaped confession. We utilized the shady tactics of the law enforcement agents to eliminate all of the possession and distribution charges against our client. The only remaining charge was based on the use of methamphetamines. We put together a compelling extenuation and mitigation case and were able to get that charge dismissed via a Chapter 4 administrative discharge. As a result, the client received no drug conviction and no jail time.

RESULT: NO JAIL TIME, NO FEDERAL CONVICTION


Kadena AFB, Okinawa, Japan: E-5 – December 2010

Charges: Distribution of "Spice," Use of "Spice," Possession of "Spice," Obstruction of Justice x2

Maximum Sentence: DD, 31 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction

Full Acquittal in a "Spice" case. Our client was a Security Forces Officer who allegedly partook in "smoke rides," in which multiple Security Forces Officers drove around the flight line and on base in their patrol cars, smoking Spice with all the windows rolled up. Our client was also alleged to have been using and selling Spice while on duty as a Security Forces Officer. With the assistance of civilian counsel Brian Bouffard and military counsel Captain Reinholz, we demanded a fully contested trial. Although facing a mountain of damning evidence and statements from co-accused, we were able to put the Commanding General on the witness stand and cross-examine him on the legality of his order prohibiting Spice for Airmen worldwide. We demanded that the government prove, chemically and forensically, that the substance alleged to be Spice was actually Spice. Even with the testimony of co-conspirators, this was a bridge too far for the government to cross, and our client received a full acquittal, being found not guilty of all charges and specifications. We also succeeded in getting the Air Force Instruction (signed by the 3-star and applicable worldwide) declared unlawful.

RESULT: NOT GUILTY OF ALL CHARGES


Schofield Barracks, Hawaii: E-6 – December 2010

Charges: Rape, Aggravated Sexual Assault, Assault Consummated by Battery

Maximum Sentence: DD, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

Weeks before his ETS date, our client was charged with rape, aggravated sexual assault, and assault of multiple victims, charges which reached back three years. Immediately upon being retained, we began investigating the case to uncover inconsistencies in the alleged victims' stories and their possible motives to fabricate evidence. Our client's main goal was to avoid a conviction at all costs and, if possible, to preserve his Post-9/11 GI Bill. We worked directly with the Special Victim Prosecutor in this case and were able to get a Chapter 10 (Separation in Lieu of Court-Martial) approved , protecting the client from any conviction and allowing him to utilize his GI Bill (based on a prior Honorable Discharge). After the Chapter 10 was approved, all charges were dismissed.

RESULT: ALL CHARGES DISMISSED IN RAPE CASE


Luke AFB, Phoenix, AZ: E-4 – December 2010

Charges: Use of Amphetamines, Use of Methamphetamines, Use of Oxymorphone, Bribery

Maximum Sentence: DD, 20 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction

The client was charged with wrongful use of Amphetamines, Methamphetamines, and Oxymorphone. He had tested positive for Amphetamines and was given a subsequent urinalysis. At the second urinalysis, it was alleged that the Airman spilled urine from a foreign clean sample all over his uniform while trying to provide a sample, turned to the observer, and offered him $500 dollars for not reporting what he had seen. The Airman also allegedly made statements that he was "caught" and did not want to go to Fort Leavenworth. Bilecki & Tipon, LLLC was retained for the subsequent court-martial, and we enlisted the support of our own forensic toxicologist to independently verify the results of the drug test.

Based on our review of the evidence and taking into account the recent rulings in Blazier and Blazier II, we set the case for a contested trial. The day before the trial, due to evidence and the witnesses brought forward by the government, the defense changed its plea and entered into a "naked plea" in which the defense pled guilty without a pre-trial agreement in place. The goal in this case was to preserve the client's GI Bill, which would require that the military judge not give the Airman a Bad Conduct Discharge. We put on a compelling case in mitigation and extenuation, and the client was not given a BCD. Instead, our client was honorably discharged (the trial was held after his ETS/EAS date), and he still has full access to his Post-9/11 GI Bill.

RESULT: HONORABLE DISCHARGE, FULL POST-9/11 GI BILL


Camp Foster, Okinawa, Japan: E-3 – November 2010

Charges: Possession of Child Pornography, Sending Obscene Material to a Minor, Indecent Conduct

Maximum Sentence: DD, 35 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

Our client was charged with taking photographs of his girlfriend (who was a minor) and sending those pictures via the Internet and SMS to others. Bilecki & Tipon, LLLC was brought in to represent this Marine nearly six months before charges were ever preferred. During those six months, we conducted an exhaustive investigation of the facts and consulted with our own computer forensic experts from Cyber Agents, Inc. We built a case based on a sloppy law-enforcement investigation, an incomplete and inaccurate computer forensic investigation, and a reasonable mistake of fact regarding the age of the Marine's girlfriend. When the case was set for an Article 32, we traveled to Okinawa and treated the 32 as a mini-trial, grilling the law enforcement agents and computer forensic investigators on the stand over their careless investigation. After the completion of the Article 32 hearing, the government dismissed all charges against our client, who is still serving in the United States Marine Corps.

RESULT: ALL CHARGES DROPPED


Schofield Barracks, Hawaii: E-6 – November 2010

Charges: AWOL, Unlawful Possession of Firearm, Possession of Drug Paraphernalia, Use of Methamphetamines x2, Drunk on Duty, Violation of a Lawful Order x2

Maximum Sentence: DD, 16 years and 10 months in confinement, total forfeiture, reduction to E-1, Federal felony conviction

Our client, a Soldier, was arrested by military law enforcement in a sting operation for possession of methamphetamines and unlawfully possessing a firearm that was not registered to him. Prior to this arrest, our client had also had two separate drug hots for Methamphetamines, was allegedly found drunk on duty, and had been AWOL. We began our representation by immediately ensuring that the client did not make any incriminating statements to law enforcement agents. His command placed him in pre-trial confinement and preferred a lengthy charge sheet against him. Knowing that going to trial would only lead to a federal drug conviction and significant confinement time, we immediately worked with the prosecutor in this case and negotiated a deal for a Chapter 10 (Separation in Lieu of Court-Martial). After the Chapter 10 was approved, all charges were dismissed.

RESULT: NO CONFINEMENT, NO JAIL TIME


Fort Shafter, Hawaii: O-3(P) – November 2010

Charges: Perjury, False Official Statement, Conduct Unbecoming an Officer

Maximum Sentence: Dismissal, 11 years and 6 months confinement, total forfeiture, Federal felony conviction

Our client was a promotable Captain charged with submitting false official statements to a court and when called to testify regarding the statements in a civilian court, he admitted that the prior written statements he submitted were false in order to avoid perjuring himself as a witness in a trial. The prior false official statement that was submitted to the court was turned over to the Staff Judge Advocate's Office who investigated the Captain with an eye towards a court-martial. When Bilecki & Tipon, LLLC was retained, no charges were currently preferred against the client, but there was an ongoing AR 15-6 investigation. In a lengthy memorandum to the Investigating Officer, we detailed our client's version of events as well as the nearly ten-year history behind the case (which caused additional investigations to be initiated against various other Officers within USARPAC), advocating that no adverse action be taken against our client. As a result of our oral and written advocacy, no court-martial or other action was taken against the client.

RESULT: NO COURT-MARTIAL CHARGES AGAINST OFFICER AFTER INVESTIGATION


Fort Sam Houston, TX, El Salvador: Army E-8 – October 2010

Charge: Rape

Our client in this case was a Special Forces Soldier accused of violently raping and sodomizing a Salvadoran woman. Allegedly, there was physical evidence, DNA evidence, and numerous eyewitnesses that supported the claim. The El Salvadoran Government wanted the Soldier in prison. To appease the Salvadorans, the American Government spared no expense to try to win this case, and it became an international incident between the US and El Salvador. Because the stakes were so high, a Not Guilty verdict was not an option for the US Government.

The client took and passed a polygraph and provided evidence to prove his innocence to the US Government. However, SOUTHCOM disregarded all of his evidence and suppressed it at trial. It appears that they wanted to make an example out of this Soldier and gain favor with El Salvador by sacrificing one of their own (regardless of his innocence). To gain the upper hand, the prosecution further denied almost all defense witnesses. However, they flew in numerous Salvadoran witnesses and several American witnesses to testify against the client. They also brought in a Salvadoran doctor who testified that there was overwhelming physical evidence to prove rape. To further stack the deck, the Army appointed one of the top Special Victim Prosecutors (SVP) in the Army to the case. Then, they brought in a nationally known civilian prosecutor and expert in sexual assault prosecutions (similar to Nancy Grace) to work with the prosecution and get a conviction. But the case was tried by Mr. Waddington (Special Counsel to Bilecki & Tipon) and Captain Dustin Murphy, along with legendary DNA expert Dean Wideman. Despite limited resources, this dynamic team mounted an excellent defense for the client and still proved that the alleged victim was a liar, that her husband most likely raped her, and that the DNA evidence proved our client's innocence. In the end, our client was found not guilty of all charges.

RESULT: NOT GUILTY OF ALL CHARGES


Camp Humphreys, Korea, Japan: E-5 – October 2010

Charge: Rape

Maximum Sentence: DD, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

Our client was accused of raping a fellow Soldier in Korea. We were retained on this case immediately after the rape allegation was made, with the goal of keeping the charges from ever being preferred. With the assistance of military counsel CPT Onyango, we launched our investigation into the alleged rape. We discovered that our client had been drinking shots and tequila in "The Ville" outside of Camp Humphreys with another female Soldier. After drinking, the female Soldier invited our client to her room for sex. Because she initiated the intercourse, we considered the rape allegation a case of "buyer's remorse" and began working with the Special Victim Prosecutor to keep the charges from being preferred against the client. After lengthy negotiations with the government, no charges were preferred against our client.

RESULT: CHARGES DROPPED


Pearl Harbor, Hawaii: E-6 – October 2010

Charges: Aggravated Sexual Contact with a Child

Maximum Sentence: DD, 20 years in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

The client, a Sailor, discovered that he was being investigated for aggravated sexual contact with a child, upon which discovery he immediately contacted and retained Bilecki & Tipon, LLLC. While the Sailor's wife was deployed, he was having an affair with his neighbor (whose husband was also deployed). During their affair, our client allegedly touched his lover's child inappropriately. As we do in every case involving a sexual allegation, we investigated to get an answer to "why." We discovered that this allegation was likely a fabrication brought about by our client's lover after her deployed husband began to grow suspicious about her relationship with our client. When the "victim's" story started to fall apart and the inconsistencies mounted, we brought our case to the prosecutors. After we dismantled the alleged victim's story and her mother's credibility, no charges were preferred against our client.

RESULT: CHARGES DROPPED IN SEXUAL ASSAULT OF A MINOR CASE


Osan AFB, Korea: E-5 – October 2010

Charges: Introduction of Controlled Substance onto Military Installation, Possession of a Controlled Substance

Maximum Sentence: DD, 20 years and 6 months in confinement, total forfeiture, reduction to E-1, Federal felony drug conviction

An Airman was apprehended by security guards at the gate, allegedly attempting to bring narcotics onto the Airbase. Based on that arrest, her quarters were searched, which turned up more narcotics which law enforcement claimed were packaged for distribution. Once we were retained, we worked with the prosecutor and kept all charges from being preferred against our client, resolving the matter at an Article 15.

RESULT: DRUG DISTRIBUTION CASE DROPPED FROM COURT MARTIAL TO NJP


Pearl Harbor, Hawaii: E-5 – September 2010

Charges: Assault with Intent to Inflict Grievous Bodily Harm, Assault Consummated by Battery x2, Communicating a Threat x2

Maximum Sentence: DD, 15 years and 6 months in confinement, total forfeiture, reduction to E-1, Federal felony conviction

The client was initially accused of trying to kill his pregnant girlfriend over a dispute involving another female. When Bilecki & Tipon, LLLC was first contacted, before charges were preferred, this case was set to be charged as an attempted murder. By working with the prosecutors, we averted the attempted murder charges, and only charges of Assault with GBH (among others) were preferred. We then demanded a fully contested jury trial. Not long before the trial was to begin, the government offered the defense a very attractive pre-trial agreement that significantly limited the client's confinement exposure, and we managed to cap his confinement at 6 months.

RESULT: 6 MONTH DEAL IN CASE THAT STARTED AS ATTEMPTED MURDER


Pearl Harbor, Hawaii: E-6 – September 2010

Charges: Larceny (OHA fraud), Dereliction of Duty

Maximum Sentence: DD, 10 years and 6 months in confinement, total forfeiture, reduction to E-1, fine, Federal felony conviction, loss of military retirement

A retirement-eligible Sailor was charged with using fraudulent lease documents from the Philippines to establish the idea that his family was living in significantly more expensive housing in Manila than they were actually living in. With his retirement on the line and potentially facing a court-martial, the Sailor turned to Mr. Bilecki to defend him. Our initial investigation revealed that the OHA (Overseas Housing Allowance) discrepancies were discovered by an NCIS audit of service members claiming OHA in the Philippines; however, our client was not provided any documentation of the investigation (charges had not yet been preferred). We used our extensive contacts in the Philippines to obtain a full copy of the law enforcement investigation in this case and then launched our own independent investigation into the allegations. Having done numerous criminal investigations in the Philippines, we were familiar with the culture, the typical manner in which fraudulent documents are procured, and the manner in which NCIS-Philippines investigates these types of cases.

Based on our investigation, we knew that these charges would be nearly impossible for the government to prove without obtaining visas for a significant number of Filipino witnesses to testify in the States, which is a nearly impossible task. We also knew that the government's only other option would be to attempt to take depositions of the Filipino witnesses at the US Embassy in Manila. Having previously gone down that road on other cases, we knew just how difficult of a task that would be for the government. We leveraged the information we learned from our independent investigation and educated the prosecutors on how difficult this case would be to prove at trial. The prosecution relented to our position, and no court-martial charges were preferred against our client.

RESULT: CHARGES DROPPED


Kadena AFB, Okinawa Japan: E-6 – August 2010

Charges: Possession of a Controlled Substance (steroids), mail fraud

Maximum Sentence: DD, 15 years and 6 months in confinement, total forfeiture, reduction to E-1, Federal felony drug conviction, loss of military retirement

The client learned that he was facing an investigation for receiving steroids in the mail, immediately after which we were contacted and retained. Our goal was to investigate the case and keep charges from being preferred against this retirement-eligible Airman. We worked with the client and the prosecutors for nearly four months, until we were able to ensure that no charges were preferred against our client and no administrative action was taken.

RESULT: CHARGES DROPPED


Pearl Harbor, Hawaii E-4, July 2010

Charges: Wrongful use of cocaine (multiple specifications)

Maximum Sentence: DD, 10 years, total forfeiture, reduction to E-1, Federal felony conviction

The client was placed in pre-trial confinement after nearly back-to-back positive urinalysis for use of cocaine. After urinalysis results came back, client admitted to the command that he used cocaine on multiple occasions and further admitted using other drugs. The command and prosecutors were intent on keeping the case at courts-martial and refusing any deal that would not result in a Federal drug conviction. Once retained, Bilecki & Tipon aggressively negotiated with prosecutors and demanded a fully contested trial that included the use of our own forensic toxicologist. Due to our aggressive posture, the command and OSJA relented and agreed to dismiss all charges against the client though a Separation In Lieu of Trial (SILT). Client was released from pre-trial confinement, charges were dismissed and our client was administratively discharged with an OTH (required under a SILT). Client served no additional jail time, received no Federal conviction and no Bad Conduct Discharge.

RESULT: NO JAIL, NO FEDERAL CONVICTION


Camp Casey, Korea E-6, July 2010

Charges: Sexual Assault, False Official Statement (multiple specifications)

Maximum Sentence: DD, 55 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

In a complex case dating back nearly a decade and involving numerous promotion boards in both the Active and Reserve component, the government charged our client with forging multiple promotion documents and multiple false official statements. Our client was also charged with illegally subletting his off-post Korea apartment then sexually assaulting the Korean national female tenant renting there. The government was hell bent on seeing that our client was prosecuted and served jail time. With equal conviction, we demanded a fully contested trial and would not accept any alternate resolution that included a Federal conviction, jail time, or any sex offender registration. By doing our own due diligence, using tough negotiation, and continuously threatening a fully contested trial, we were able to work out a deal so that all charges and specifications were dropped and the client was administratively discharged via a Chapter 10. The client served no jail time, received no Federal conviction, and will not have to register as a sex offender.

RESULT: NO JAIL TIME, NO FEDERAL CONVICTION IN SEXUAL ASSAULT CASE


Camp Casey, Korea E-5, July 2010

Charges: False Official Statement (six specifications), Fraternization

Maximum Sentence: DD, 32 years confinement, total forfeiture, reduction to E-1, Federal felony conviction

In another example of why Bilecki & Tipon, LLLC takes cases to trial, the government dismissed all charges and specifications in this case less than one week before trial. In typical governmental fashion, our client was grossly overcharged with six separate counts of false official statement for allegedly altering promotion and award documents, and charged with fraternization for allegedly having all-female barracks sex parties. From the outset, Bilecki & Tipon demanded a trial and refused to accept any of the government's "deals" in the case. An extremely aggressive posture convinced prosecutors they would lose the case if taken to trial. One week before the trial start date and on the morning Mr. Bilecki was scheduled to fly to Korea, the government waved the white flag and dismissed all charges against the client.

RESULT: ALL CHARGES DISMISSED


Schofield Barracks, Hawaii, E-9, June 2010

Charges: Larceny of prescription medication

Maximum Sentence: DD, 10 years, total forfeiture, reduction to E-1, Federal felony conviction, loss of retirement

Our client was a CSM suspected of stealing prescription medication from one of his Soldiers during health and welfare inspections. Our client became a suspect early in the investigation and when questioned by CID, invoked his rights and retained Bilecki & Tipon, LLLC almost immediately after being questioned. We worked aggressively with prosecutors so that our client would not be charged at a court-martial. We successfully negotiated the case to an Article 15 and drafted a compelling mitigation and extenuation memorandum to the Commanding General. The CG subsequently suspended all punishment against our client. Early and aggressive intervention kept charges from ever being preferred and all punishment was suspended. No Federal conviction, all punishment suspended, retirement saved.

RESULT: NO FEDERAL CONVICTION, MULTI MILLION DOLLAR RETIREMENT SAVED


Yongsan, Korea, E-7, May 2010

Charges: Larceny of military property, false official statement, dereliction of duty

Maximum Sentence: DD, 11 years 6 months confinement, total forfeiture, reduction to E-1, Federal felony conviction

NOT GUILTY of stealing over a quarter million in cash from a bank vault. The client was found NOT GUILTY after being charged with larceny, false official statement and dereliction of duty for allegedly stealing over a quarter million dollars in cash out of a military disbursing section cash vault and allegedly losing all funds playing high stakes Baccarat at a local casino. Initially, the evidence seemed almost insurmountable; our client was the cash-disbursing officer for the finance office and the only individual with access to an extremely secure vault. When the client took over responsibility for the vault, it contained over $250,000 cash; a few days later, the client called his command and confessed to taking the money out of the vault and gambling it away at a local casino. A subsequent cash count revealed that the vault was nearly empty and over a quarter-million dollars was missing. Potentially more damning were gambling records obtained by the government that revealed that, during the time the money went missing, the client was playing $10,000+ hands of Baccarat and lost over $250,000 at the casino. The government thought this was a done deal and nearly everyone questioned why we plead not guilty and took this case to trial.

We believed the client, a Cambodian national and Khmer Rouge survivor, had an outstanding extenuation and mitigation case based on his family background. In search of alternate defenses and to solidify the extenuation and mitigation case, both Mr. Bilecki and military counsel CPT Sam Kim traveled to Phnom Penh, Cambodia, to meet the client's family and ferret out a possible duress defense. Bilecki and Kim steered the prosecution toward the Cambodia/duress defense but utilized a completely different tactic at trial.

The defense never backed down or gave in to numerous "deals" offered by the prosecution, and subsequently won a motion suppressing a good portion of the client's confession. We were also successful in keeping all casino records out of trial. With the government so concerned with what we may or may not have discovered in Cambodia, and without the confession or casino records, Bilecki put the command on trial, exposed the sloppy security procedures of the cash vault and implicated the Korean national who was in control of the vault immediately before the client took over. Defense made a case that the Korean national continued to have access to the vault after she turned it over to the client and further, were cleverly able to put her near the scene of the crime during the time in question. After nearly six days of trial, the panel found our client NOT GUILTY of all the larceny charges and NOT GUILTY of all false official statement charges in less than one hour. Our client is still happily serving in the US Army.

RESULT: NOT GUILTY OF ALL CHARGES


Camp Zama, Japan, E-6 – April 2010

Charges: Rape, Wrongful Sexual Contact, False Official Statement

Maximum Sentence: DD, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, mandatory sex offender registration

In a hard fought week-long trial that hinged on complex DNA evidence, this case proved to be another victory for us and huge loss for the Army in their continued "war on sexual assault."

The client, a well-respected Staff Sergeant, was charged with violently raping a female Soldier after drinking with her at a local on-post bar; he was also charged with unlawful sexual contact for an encounter he had with a female two years prior (for which he had already received an Article 15) and entering a false official statement for denying that he committed any wrongful sexual conduct.

During the Article 32 examination, the defense hammered both the alleged victims and revealed holes riddling both of their stories. We also chastised the government and thoroughly questioned law enforcement, demanding an explanation as to why the DNA evidence collected was never sent to the forensic lab for analysis. We received no explanation for the failure to test the DNA. After the Article 32 hearing, the Investigating Officer recommended that the first sexual assault charge be dismissed and that only the second rape charge go forward. As is typical given the government's war on sexual assault, the Investigating Officer's recommendations were summarily ignored and all charges and specifications were referred to trial.

Immediately after the Article 32 Investigation, the defense demanded that the government appoint Mr. Dean Wideman (one of the leading DNA forensic examiners in the country) to the defense team and that the DNA be preserved so that the defense could conduct independent testing, specifically for amylase. The government, trying to stack the deck, denied all requests for an independent DNA expert but instead sent the DNA evidence to the US Army forensic lab for testing.

The defense made a motion to the military judge to compel the government to provide Mr. Wideman as a defense DNA expert, which was ultimately granted. That notwithstanding, the government still refused to provide the defense with the critical DNA evidence until a judge ordered its production – one week before trial. With new evidence coming to light on such short notice, the defense worked around the clock with Mr. Wideman and discovered that the government did not test all the DNA and that the testing that had been conducted was not comprehensive. It turned out that specific testing could have been performed to exonerate our client, but the government refused to do it. At trial, this failure was exposed to the panel members during a lengthy cross-examination of the government's DNA expert, who conceded to the defense's theory of the case given the forensic evidence. In addition, the defense hammered away at the alleged victims and exposed the weaknesses in the government case. After a week of trial, the Client was found not guilty of the rape charges, not guilty of the false official statement and received no punishment.

RESULT: NOT GUILTY IN RAPE CASE - NO PUNISHMENT


Torii Station, Okinawa Japan, E-3 – February 2010

Charges: Possession & Distribution of Spice, False Official Statement, Adultery

Maximum Punishment: DD, 36 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration, loss of retirement

In perhaps the biggest victory yet in our war against the prosecution of "Spice," we won a motion that declared the Army Order prohibiting Spice on Okinawa unlawful. After winning a suppression motion that effectively declared the order unlawful, all charges were dismissed and withdrawn by the government.

In another high profile case that gained media attention in Japan, our client was charged with violating a lawful general order that prohibits the use, possession, sale and distribution of Spice. While conducting a "joint suppression task force operation" at the Ryukyu body piercing shop in Okinawa, multiple Japanese law enforcement agencies (NCIS, OSI, CID) apprehended service members who purchased Spice at the shop. Law enforcement agents obtained our client's name from the arrested individuals and suspected him of being one of the main Spice dealers in Okinawa, Japan. A subsequent (and questionably lawful) search of the Soldier's room revealed that he not only possessed a tremendous amount of Spice packaged for individual distribution, but also that he was having sex with the 16-year-old daughter of an Air Force E-8. The client was arrested and later "confessed" to purchasing, possessing, and selling Spice to members of all services on Okinawa. The client also confessed to taking sexual pictures of his girlfriend. He was charged with multiple specifications of violating the general order prohibiting Spice, adultery, possession of a knife in violation of a USARJ regulation, and making a false official statement (regarding his knowledge of the female's age). While considered by law enforcement, he was not charged with child pornography.

In a case with what seemed to be overwhelming evidence, we refused to plead guilty and took the case to trial. During cross-examination at the suppression motion, one of the US Army CID Agents actually admitted that he had altered our client's consent to search his barracks room after the client had signed it. The alteration expanded the scope of the search. This Special Agent then also admitted that he advised the client that he was suspected of crimes that he, in fact, was not suspected of. This underscores our claim that the majority of military law enforcement cannot be trusted and will go to any length (including breaking the law) to try to close a case. Amazingly, this allegation of misconduct on the Special Agent's part was reported to his supervisors in CID, who did not take any punitive action against him.

Based on our exposure of the unlawful and illegal actions by law enforcement, the military judge suppressed our client's full confession. In addition, the military judge also granted the motion declaring the Spice order illegal. Subsequently, the government dismissed all charges and specifications regarding Spice and withdrew all remaining charges. Days after the dismissal, the command promulgated a new order prohibiting Spice which we still feel is unlawful.

RESULT: ALL CHARGES DISMISSED OR WITHDRAWN


Torii Station, Okinawa Japan, E-3 – February 2010

Charges: Possession & Distribution of Spice, False Official Statement, Adultery

Maximum Punishment: DD, 36 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration, loss of retirement

In perhaps the biggest victory yet in our war against the prosecution of "Spice," we won a motion that declared the Army Order prohibiting Spice on Okinawa unlawful. After winning a suppression motion that effectively declared the order unlawful, all charges were dismissed and withdrawn by the government.

In another high profile case that gained media attention in Japan, our client was charged with violating a lawful general order that prohibits the use, possession, sale and distribution of Spice. While conducting a "joint suppression task force operation" at the Ryukyu body piercing shop in Okinawa, multiple Japanese law enforcement agencies (NCIS, OSI, CID) apprehended service members who purchased Spice at the shop. Law enforcement agents obtained our client's name from the arrested individuals and suspected him of being one of the main Spice dealers in Okinawa, Japan. A subsequent (and questionably lawful) search of the Soldier's room revealed that he not only possessed a tremendous amount of Spice packaged for individual distribution, but also that he was having sex with the 16-year-old daughter of an Air Force E-8. The client was arrested and later "confessed" to purchasing, possessing, and selling Spice to members of all services on Okinawa. The client also confessed to taking sexual pictures of his girlfriend. He was charged with multiple specifications of violating the general order prohibiting Spice, adultery, possession of a knife in violation of a USARJ regulation, and making a false official statement (regarding his knowledge of the female's age). While considered by law enforcement, he was not charged with child pornography.

In a case with what seemed to be overwhelming evidence, we refused to plead guilty and took the case to trial. During cross-examination at the suppression motion, one of the US Army CID Agents actually admitted that he had altered our client's consent to search his barracks room after the client had signed it. The alteration expanded the scope of the search. This Special Agent then also admitted that he advised the client that he was suspected of crimes that he, in fact, was not suspected of. This underscores our claim that the majority of military law enforcement cannot be trusted and will go to any length (including breaking the law) to try to close a case. Amazingly, this allegation of misconduct on the Special Agent's part was reported to his supervisors in CID, who did not take any punitive action against him.

Based on our exposure of the unlawful and illegal actions by law enforcement, the military judge suppressed our client's full confession. In addition, the military judge also granted the motion declaring the Spice order illegal. Subsequently, the government dismissed all charges and specifications regarding Spice and withdrew all remaining charges. Days after the dismissal, the command promulgated a new order prohibiting Spice which we still feel is unlawful.

RESULT: ALL CHARGES DISMISSED OR WITHDRAWN


Camp Casey, Korea, E-1 – December 2009

Charges: Aggravated Assault, Communicating a Threat, Violation of General Order

Maximum Sentence: DD, 23 years confinement, total forfeiture, reduction to E-1, Federal felony conviction

A Camp Casey, Korea, Soldier was charged with numerous assaults against a female Soldier in his company after allegedly assaulting her while intoxicated. He allegedly threatened to kill her and put a knife to her throat. He was given a No Contact order. After the case was referred to GCM, but before trial, the accused was involved in another alcohol-related assault of the same female Soldier.

The Soldier was placed in pre-trial confinement. The government unsuccessfully attempted to leverage our client's additional misconduct and pre-trial confinement against us so that we would enter a guilty plea and not take the case to trial. We refused to plead guilty and the government immediately re-preferred charges.

Along with Trial Defense Attorney CPT Samuel Kim, the defense made a demand for speedy trial to the Convening Authority. Another Article 32 investigation was held after two weeks that included the additional alleged misconduct. It took the government seven weeks from the time the Article 32 investigation was completed until referral of charges, even though we demanded a speedy trial (a request we later found out was never sent to the CG) and our client was in pre-trial confinement. By the time the case was referred, the client had been in pre-trial confinement for over 15 weeks and the government was still trying to leverage a guilty plea.

Instead of pleading guilty we fought and again made a demand for a speedy trial directly to the military judge under Article 10 of the UCMJ. At the motion's hearing, the defense exposed the government's attempts to leverage pre-trial confinement into a guilty plea as well as their unexplained inaction with moving the case to trial. The military judge granted the speedy trial motion and dismissed all charges with prejudice because of the unreasonable delay.

RESULT: ALL CHARGES DISMISSED WITH PREJUDICE


Yongsan, Korea: E-9 - December 2009

Charges: Wrongful sexual contact, Indecent acts, Fraternization

Maximum Punishment: DD, 9 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration, loss of retirement

CSM was initially charged with wrongful sexual contact, indecent acts and fraternization, following an incident that took place between him and his driver inside their vehicle. The driver was bragging about the size of his penis and trying to "prove it" by revealing himself to the CSM. Exasperated, CSM grabbed the E- 4's ACU trousers and tugged on his boxer shorts, telling him to cut it out and "put it away." The driver subsequently claimed that the CSM sexually assaulted him numerous times in the vehicle.

From the outset of proceedings, the prosecution overcharged, seeking jail time and a Bad Conduct Discharge, potentially costing the CSM a 1.4 million dollar retirement. The client pled guilty to a lesser included offense of fraternization, and was found NOT GUILTY on all other charges. Client received only a one-grade reduction.

RESULT: ONE-GRADE REDUCTION FOR FRATERNIZATION, NOT GUILTY ON ALL OTHER CHARGES


Camp Casey, Korea: E-6 - October 2009

Charges: Burglary, Aggravated sexual assault

Maximum Sentence: DD, 41 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, Sex Offender Registration

Our client was charged with burglary and aggravated sexual assault after breaking into a female Soldier's barracks and having sex with her while she was very intoxicated. Unfortunately, the client made multiple confessions after the incident and DNA testing confirmed that he did indeed have sex with the woman. Other witnesses corroborated that the female Soldier was so intoxicated that she had to be carried to her bed after "passing out" on the floor.

The defense, working against a mountain of evidence, obtained their own DNA and toxicology experts to attack the government's case; however, after nearly four days of motions and trial, the client was convicted. We went down swinging however. While the government initially sought ten years in confinement and a dishonorable discharge, the client was sentenced to only three years and a bad conduct discharge. The case will be appealed.

RESULT: THREE YEARS CONFINEMENT, BCD – TO BE APPEALED


Zamboanga, Philippines (JSOTF-P): E-7 Navy Special Forces - September 2009

Charges: Over 20 charges associated with Causing an accident, Brandishing a weapon, Threat of Murder

Maximum Sentence: DD, 27 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, loss of retirement.

Civilian: Foreign conviction, 30 years in Philippine jail

In yet another high-profile case, a Navy Special Operator stationed in the Philippines was suspected of causing an accident while intoxicated, then pulling his weapon and threatening to kill a local Filipina. Philippine authorities threatened to arrest and charge the client, while the Joint Special Operations Task Force - Philippines threatened to prefer over 20 charges against the client after a rushed investigation. The client immediately contacted Mr. Bilecki, who proceeded to engage the Special Forces command, the Philippine National Police, the PAO, and contacts in the Philippines to calm the media swell. Mr. Bilecki negotiated an agreement with the PNP so that Philippine charges would not be filed against the client, and threatened a lengthy, unpleasant trial if JSOTF-P preferred charges. As Mr. Bilecki made preparations to travel to the Philippines to conduct an independent investigation, prosecutors decided not to court-martial the client. CHARGES WERE NEVER PREFERRED.

RESULT: CHARGES NEVER PREFERRED


Camp Humphreys, Korea: E-6 - August 2009

Charges: False official statements, BAH Fraud

Maximum Punishment: DD, 15 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, loss of retirement

SSG was charged with false official statements and Basic Allowance for Housing (BAH) fraud after giving a written confession to CID. At trial, Mr. Bilecki extensively cross-examined the CID agent who took the "confession," exposed the deceitful tactics of the agents then argued at closing that the written confession was coerced and therefore, did not accurately reflect what happened in the interrogation room. Client was FULLY ACQUITTED - NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS.

RESULT: FULLY ACQUITTED OF ALL CHARGES AND SPECIFICATION


Yongsan, Korea: O-3 - August 2009

Charges: Larceny, False official statements

Maximum Sentence: Dismissal, 15 years confinement, total forfeiture, Federal felony conviction, loss of medical license

The client, an emergency room doctor, was charged with larceny of nearly $30,000 of BAH funds and false official statements in a case involving allegations in both Korea and Hawaii. These charges threatened the client's liberty and continued ability to practice medicine. At the Article 32 hearing, Mr. Bilecki questioned various members of the finance and in-processing office regarding the myriad of confusing, and often conflicting, rules for BAH and OHA allowances when family members travel between the US and Korea. Afterward, the government agreed to dismiss all larceny charges against the client in exchange for a "guilty to negligent dereliction of duty" plea. The client received NO JAIL TIME and NO DISCHARGE. Client has since resigned from the Army with an honorable discharge and continues to practice medicine.

RESULT: PLEA TO REDUCED CHARGE, NO JAIL TIME, NO DISCHARGE


Camp Zama, Japan: E-6 - August 2009

Charges: Wrongful use of Codeine

Maximum Sentence: DD, 5 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, loss of retirement

The client was given a Field Grade Article 15 for wrongful use of Codeine, but turned down the Article 15 and demanded trial by court-martial. After Mr. Bilecki became involved and investigated the case, he threatened an innocent ingestion defense. The defense continued to demand a trial and the opportunity to proclaim the client's innocence, requesting witnesses from as far away as Puerto Rico and Diego Garcia. The government relented and NEVER CHARGED THE CLIENT.

RESULT: NO CHARGES


Yongsan, Korea: E-3 - July 2009

Charges: Attempted murder, Obstruction of justice

Maximum punishment: DD, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction

In this high-profile case, client was charged with attempted murder and obstruction of justice after allegedly stabbing another Soldier in the chest multiple times during a gang-related brawl. The incident was captured on a closed-circuit camera nearby. According to testimony at trial, client allegedly made an oral confession to his girlfriend within an hour of the incident; however, cross-examination revealed the woman's prior misconduct for forging documents and false official statements. Client's clothes from the incident, and the knife allegedly used in the stabbing, were never recovered.

At trial, the defense argued that all evidence pointed to two other Soldiers and that CID rushing to judgment. Our client was FULLY ACQUTTED - NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS.

RESULT: FULLY ACQUITTED OF ALL CHARGES AND SPECIFICATIONS


Camp Zama, Japan: E-6 - July 2009

Charges: Larceny, Money Laundering

Maximum Sentence: Client never formally charged

Our client was suspected of larceny of over $25,000 in government funds, as well as a follow-on money-laundering scheme with roots in Nigeria. Mr. Bilecki quickly got involved and delayed prosecutors from charging the client; this delay allowed the defense time to uncover information to later be used at trial. When charges appeared imminent, Mr. Bilecki informed prosecutors they were prepared to travel to Nigeria to expose the reality of the alleged money-laundering scheme, and then demand a panel (jury) trial and production of witnesses from Nigeria. The government relented and DECLINED TO PROSECUTE the client.

During Mr. Bilecki's tenure as the Senior Defense Counsel for the Pacific Region, not a single Soldier at Camp Zama, Japan, was convicted at any level of court-martial.

RESULT: CHARGES NOT FILED


Yongsan, Korea: E-5 - July 2009

Charges: Rape (x3)

Maximum Sentence: DD, Life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

Our client was charged with three counts of rape on four separate victims over a three-year period. The government alleged that the client was a womanizer who preyed on enlisted women in bars, enticed them to go home with him, and proceeded to sexually assault them. At the Article 32 hearing, the defense proposed the theory that all of the alleged victims were related (roommates, friends, etc.), and that they were angered by the client's ungentlemanly treatment following an episode of consensual intercourse. Subsequently, the government referred all charges to a GCM despite the wishes of one alleged victim. Mr. Bilecki turned down every plea bargain the government offered and demanded the opportunity to fully contest the case in front of a military panel. Less than one week before trial - after three of Mr. Bilecki's cases received consecutive, full acquittals - the government DISMISSED ALL CHARGES against the client.

RESULT: ALL CHARGES DISMISSED


Camp Casey, Korea: O-3 - July 2009

Charges: Drunk and disorderly, Aggravated assault

Maximum Sentence: Dismissal, 5 years confinement, total forfeiture, Federal felony conviction

Our client, a Company Commander, was charged with being drunk and disorderly during a command function, then assaulting his subordinate with a knife. Despite overwhelming evidence and numerous eyewitnesses, Mr. Bilecki aggressively attacked the prosecution's case at the Article 32 hearing and demanded a fully contested panel (jury) trial. The government later agreed to DISMISS ALL CHARGES and proceed with only an Article 15. The Company Commander remains a proud member of Armed Forces.

RESULT: DISMISSED ALL CHARGES, ARTICLE 15, CLIENT REMAINS IN MILITARY


Camp Casey, Korea: E-3 - July 2009

Charges: Indecent acts, Aggravated sexual assault

Maximum Sentence: DD, 40 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

The client was charged with indecent acts and aggravated sexual assault when he and another Soldier were alleged to have had sex with an intoxicated female Soldier. The alleged victim's father—a well-connected, high-ranking, retired military officer—attempted to use his position to ensure the client was charged and convicted. Mr. Bilecki and his associates believed the alleged victim's father contacted Senators, Congressmen, Commanding Generals and the Staff Judge Advocate to pressure the command to prefer charges on the client.

Unafraid, at the Article 32 hearing, the defense listed (but were not permitted to call) the involved Senators, Congressmen and high-level Commanding Generals as witnesses to ferret out the unlawful command influence. In addition, the defense attacked the substantial inconsistencies in the alleged victim's story, and showed that this was merely a case of "buyer's remorse" gone awry after the daughter of a well-heeled family had consensual sex with the not-so-well-to-do client. The Article 32 Investigating Officer recommended that the sexual assault charges be dismissed and the client receive an Article 15 for indecent acts. Bending to political pressures, the Office of the Staff Judge Advocate scoffed at the recommendation to dismiss the charges, and referred all charges to a general court-martial. The defense fought these charges for over seven months while awaiting the trial date.

In this war of attrition, the defense won. The government did not go forward with the aggravated sexual assault charges at a general court-martial, but instead took the indecent acts charge to a Summary Court-Martial. The client received NO JAIL TIME, WAS NOT CONVICTED AS A SEX OFFENDER, and WILL NOT HAVE A CRIMINAL RECORD.

RESULT: NO JAIL TIME, NOT CONVICTED AS A SEX OFFENDER, NO CRIMINAL RECORD


Camp Zama, Japan: E-6 - May 2009

Charges: Possession and transportation of child pornography, Child sexual assault

Maximum Sentence: DD, 40 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

Our client was charged with possession and transportation of child pornography and child sexual assault, which had allegedly occurred over an eight-year period. The government refused to provide the defense with computer-based evidence, citing the Adam Walsh Act. Defense later won a motion declaring the Adam Walsh Act unconstitutional as applied, and subsequently received all evidence.

With assistance from computer forensic experts at Cyber Agents, Inc., the defense relentlessly cross-examined the government's expert witnesses regarding evidentiary specifics. The defense then employed a "soft plan B" when questioning the child victim by implying, through cross-examination of her and other government witnesses, that she may in fact have been the individual who actually downloaded the child pornography onto the computer. Client was FULLY ACQUTTED - NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS.

RESULT: NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS


Camp Casey, Korea: E-1 - May 2009

Charges: Desertion (x3), Failure to report, Dishonorably failing to pay a debt

Maximum Punishment: DD, 11 years and 7 months confinement, total forfeiture, reduction to E-1, Federal felony conviction

The Soldier was charged with three specifications of desertion, one failure to report, and dishonorably failing to pay a debt; he was placed in pre-trial confinement. Mr. Bilecki convinced a military magistrate to release the client from confinement before the Article 32 hearing. The defense submitted mitigating evidence at the Article 32, demonstrating the Soldier's mistreatment by the command. After the Article 32, while being escorted to the defense attorney's office for a meeting, the client escaped and went AWOL again. The command wanted to throw the book at the Soldier when he was apprehended, but Mr. Bilecki negotiated with prosecutors and the command to have the charges dismissed in exchange for an administrative separation. CHARGES WERE DISMISSED and client has NO FEDERAL CONVICTION.

RESULT: ADMINISTRATIVE SEPARATION, CHARGES DISMISSED, NO FEDERAL CONVICTION


Camp Casey, Korea: E-9 CSM - April 2009

Charges: Adultery, Misuse of government property, Assault

Maximum Sentence: Client never charged

CSM was accused of adultery with a Filipina woman, misuse of government property and assault. The government threatened to charge the CSM with a court-martial, jeopardizing his career and million dollar retirement. Mr. Bilecki investigated the matter and uncovered the nefarious motives of the Filipina woman. Mr. Bilecki then told prosecutors that court-martial charges would necessitate a fully contested panel (jury) trial exposing various foreign national witnesses. The defense was prepared to travel to the Philippines to investigate the case when the government relented and decided against court-martialing the CSM.

RESULT: NO COURT MARTIAL CHARGES PREFERRED.


Camp Casey, Korea: E-6 - March 2009

Charges: Over-intoxication, Aggravated assault

Maximum Sentence: 5 years, DD, total forfeiture, reduction to E-1, Federal felony conviction

Mr. Bilecki tried this case with civilian defense attorney Phil Cave. The client - an Iraq scout sniper diagnosed with PTSD - was charged with over-intoxication and aggravated assault on his wife. After an argument with her, the client punched his wife repeatedly, resulting in a broken nose, collapsed eardrum, and facial malignancies. After the incident, the client confessed to members of his unit. Before trial, the defense suppressed the portable breath test used to bolster the charge of over-intoxication since the machine was not properly calibrated; that charge was dismissed. The defense tried the case at a panel (jury) trial, but was prevented from citing the client's PTSD by a military judge. Mr. Bilecki and Mr. Cave then formulated a self-defense defense and devised an instruction that allowed mention of the client's PTSD symptoms as well as his prior deployments. The client was convicted of simple assault, a lesser included offense, and was sentenced to a two-grade reduction, only 15 days confinement and no discharge.

RESULT: TWO-GRADE REDUCTION, 15 DAYS CONFINEMENT, NO DISCHARGE


Camp Zama, Japan: E-2 - February 2009

Charges: Unlawfully striking a child, Polygamy, Falsifying Documents

Maximum Sentence: DD, 9 years confinement, total forfeiture, reduction to E-1, Federal felony conviction

The client was charged with unlawfully striking a child, having multiple wives, and falsifying multiple marriage documents. After investigating the case in Japan, Mr. Bilecki took an aggressive posture and demanded a fully contested panel (jury) trial with multiple local national witnesses including those who worked in Japan's underworld sex industry. The government immediately backed down and ultimately DISMISSED ALL CHARGES against the client.

RESULT: ALL CHARGES DISMISSED


Torii Station, Okinawa / Manila, Philippines: E-4 - February 2009

Charges: Rape, Procuring a Prostitute (Multiple specifications)

Maximum Punishment: DD, Life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

This case received international media attention - particularly in the Philippines - when Japanese prosecutors refused to try the case and public outcry was met with severe curfews and restrictions across Okinawa in early Spring 2008. The client was accused of raping a Filipina bargirl working outside of Kaduna Air Force Base, Okinawa, as well as procuring a prostitute dozens of times. At the Article 32 hearing, the defense was denied the ability to speak with the witnesses because the government refused to locate them in the Philippines, or because witnesses refused to testify due to their status (Philippine Senators and Legislators). Undaunted, Mr. Bilecki traveled to the Philippines to locate the exculpatory witnesses and truly investigate the case. With the assistance of local contacts and the US Embassy, all of the Filipina witnesses were located and questioned; they provided the defense with exculpatory testimonial evidence.

While in the Philippines, the defense also discovered that significant financial resources and compensation was proffered to the alleged victim's family by a large media conglomerate, in exchange for anti-US military interviews. The defense sensed a link between the alleged rape, Gabriella Woman's Group, and financial compensation received by the alleged victim's family.

The defense then requested and was granted depositions in Manila from the Filipina witnesses, a Philippine Senator, the Chief Operating Officer of GMA Television, and the lead reporter covering the stories. During the depositions, it was revealed that the alleged victim had fabricated much of the rape claim and was being pressured to pursue the case. It was also revealed that high ranking members of Gabriella spoke with the alleged victim and her family, and put them in touch with a friendly reporter at GMA Television who aired their story with anti-US Military spin. Testimony also confirmed that the alleged victim's family had received relatively substantial financial incentives to pursue the rape claim. Members of Gabriella and GMA Television also discussed the case's potential to become "the next Danny Smith [case]."

After the depositions were taken, the defense clearly showed that this case was politically motivated by high level, anti-US military political groups in the Philippines. After returning from the Philippines, the government DISMISSED ALL CHARGES INVOLVING THE RAPE.

RESULT: ALL CHARGES CONNECTED WITH RAPE DISMISSED


Camp Casey, Korea: E-2 - November 2008

Charges: Making, Possessing, Distributing child pornography

Maximum Sentence: DD, 30 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration

The client was charged with making, possessing and distributing child pornography and other obscene materials. Mr. Bilecki immediately took the case, refusing to enter any plea bargains. Mr. Bilecki proceeded to dissect CID's sloppy investigative and digital forensic evidence procedures, and the charges were subsequently DISMISSED.

RESULT: CHARGES DISMISSED


Camp Casey, Korea: E-4 - October 2008

Charges: Larceny, Establishing and operating a black-market operation

Maximum Sentence: DD, 19 years confinement, total forfeiture, reduction to E-1, Federal felony conviction

The client was charged with larceny, and establishing and running a black-market operation of reselling purchased or stolen tax-free goods at illegal commissaries outside of military bases throughout Korea. Mr. Bilecki and his associates aggressively fought all the charges at the Article 32 hearing, and reiterated to the government that a trial in this case would prove a monumental undertaking. ALL CHARGES WERE DISMISSED after the Article 32.

RESULT: ALL CHARGES DISMISSED


An Extensive List of our Recent Court Martial Case Results

Case

Charges Faced

Maximum Possible Punishment

Case Result

Schofield Barracks, Hawaii: Army E-8 – July 2011 False Official Statement (x2), Obstruction of Justice Dishonorable Discharge, 15 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, loss of military retirement ...not guilty of obstruction of justice and guilty to only one false official statement... Click here to read more.
Camp Casey, Korea: Army E-6 - July 2011 Kidnapping, Assault Consummated by Battery, Communicating a Threat Dishonorable Discharge, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction ...we were able to keep these serious charges at the Article 15 level... Click here to read more.
Camp Foster, Okinawa, Japan: Marine E-5 – June 2011 Conspiracy to possess Spice (over one kilo), attempted possession of Spice, false official statement (x3), possession of a Schedule III controlled substance, communication of a threat (x2), adultery, witness intimidation, mail fraud (x2), violation of a general order, fraternization, Basic Allowance for Housing Fraud, obstruction of justice Dishonorable Discharge, 101 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction ...incredibly favorable pre-trial agreement... Click here to read more.
Camp Foster, Okinawa, Japan: Marine E-8 – June 2011 Abusive Sexual Contact, Drunk and Disorderly Conduct Dishonorable Discharge, 7 years and 6 months confinement, total forfeiture, reduction to E-1, Sex offender registration, Federal felony conviction, Loss of military retirement ...our client received no jail time and no discharge... Click here to read more.
Osan Air Force Base, Korea: Air Force E-7 – June 2011 Resisting apprehension, Assault on a commissioned officer (x3), Drunk and disorderly conduct Dishonorable Discharge, 10 years and 6 months confinement, total forfeiture, reduction to E-1, Federal felony conviction, Loss of military retirement ...not guilty of resisting arrest and not guilty of assault on a commissioned officer... Click here to read more.
Camp Foster, Okinawa, Japan: Marine E-4 – June 2011 Possession of Spice, Distribution of Spice, Possession with intent to distribute Ecstasy, Attempted possession of Liquid Ecstasy, Attempted distribution of Liquid Ecstasy, Larceny of government funds Dishonorable Discharge, 30 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction ...we obtained an outstanding pre-trial agreement which amounted to a “time served” deal... Click here to read more.
Schofield Barracks, Hawaii: Army E-5 – May 2011 Rape, Assault Consummated by Battery, Assault on a Minor) Dishonorable Discharge, Life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, Sex offender registration ...the panel came back with a verdict of not guilty of all charges and specifications... Click here to read more.
Schofield Barracks, Hawaii: Army E-4 – May 2011 False Official Statement (x3) Bad Conduct Discharge, 15 years confinement, total forfeiture, reduction to E-1, Federal felony conviction ...In the end, the jury granted our client a full acquittal, deeming her not guilty of the charge and its specifications... Click here to read more.
Yongsan, Korea: O-3 – April Rape, Forcible Sodomy, Adultery, Obstruction of Justice, Fraternization, Larceny of Government funds (BAH) Dismissal, Life in confinement, total forfeiture, dismissal from the service, Federal felony conviction, sex offender registration ... not guilty of the rape, not guilty of the indecent acts, not guilty to one fraternization charge, and not guilty to one of two housing fraud charges ... Click here to read more.
MCAS Kaneohe Bay, Hawaii: E-3 – April 2011 Conspiracy, Counterfeiting US currency x7, use of methamphetamines x3, trafficking of cocaine, distribution of cocaine, distribution of methamphetamines, distribution of Ecstasy DD, 235 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction ... the government relented and offered us the almost unbelievable deal of 18 months confinement (the client was facing 235 years under the UCMJ). Click here to read more.
Camp Humphreys, Korea: E-5 – March 2011 Larceny of Government funds (BAH, OHA, FSA), False Official Statement x7, Fraud x2 DD, 55 years confinement, total forfeiture, reduction to E-1, fine, Federal felony conviction ... the client was found not guilty of all charges and specifications Click here to read more.
Camp Casey, Korea: E-6 – March 2011 Violation of a Lawful Order from an NCO, Violation of a Lawful Order, Dereliction of Duty DD, 1 year and 9 months confinement, total forfeitures, reduction to E-1, Federal felony conviction The charges were never preferred against our client. Click here to read more.
Wiesbaden, Germany: E-6 – February 2011 Larceny of Government Funds (BAH), False Official Statement, Disrespect, Violation of a Lawful Order DD, 26 years confinement, total forfeiture, reduction to E-1, fine, Federal felony conviction The client was found not guilty of all remaining charges... Click here to read more.
Atsugi, Japan: E-4 – February 2011 Aggravated Assault DD, 3 years confinement, total forfeiture, reduction to E-1, Federal felony conviction ... we succeeded in keeping the charges from being preferred against the client. Click here to read more.
MCAS Iwakuni, Japan: E-3 – February 2011 Aggravated Sexual Assault DD, 30 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration ... all charges against our client were dismissed. Click here to read more.
MCAS Iwakuni, Japan: E-5 – February 2011 Aggravated Sexual Assault, Wrongful Sexual Contact DD, 31 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration This alone reduced the client’s exposure from 31 years confinement and a Dishonorable Discharge to only 1 year and a Bad Conduct Discharge. Click here to read more.
MCAS Iwakuni, Japan: E-3 – February 2011 Conspiracy, Distribution of Ecstasy, Possession of Oxycodone DD, 35 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction ...we were able get the charges reduced to Special Court-Martial and negotiate a confinement cap of only 10 months. Click here to read more.
Schofield Barracks, Hawaii: E-5 – January 2011 Maltreatment, Wrongful Sexual Contact x2, Assault x2, Housebreaking DD, 8 years and 6 months confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration After the Chapter 10 was approved, all charges were dismissed. Click here to read more.
Camp Casey, Korea: E5 – January 2011 Aggravated Sexual Assault DD, 30 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration ... no charges were preferred against our client. Click here to read more.
Hickam AFB, Honolulu, Hawaii: E-4 – January 2010 Use of Methamphetamines DD, 5 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction ... the client received no drug conviction and no jail time. Click here to read more.
Kadena AFB, Okinawa, Japan: E-5 – December 2010 Distribution of “Spice,” Use of “Spice,” Possession of “Spice,” Obstruction of Justice x2 DD, 31 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction FULL ACQUITTAL ... our client received a full acquittal, being found not guilty of all charges and specifications. Click here to read more.
Schofield Barracks, Hawaii: E-6 – December 2010 Rape, Aggravated Sexual Assault, Assault Consummated by Batter DD, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration After the Chapter 10 was approved, all charges were dismissed. Click here to read more.
Luke AFB, Phoenix, AZ: E-4 – December 2010 Use of Amphetamines, Use of Methamphetamines, Use of Oxymorphone, Bribery DD, 20 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction ... our client was honorably discharged (the trial was held after his ETS/EAS date), and he still has full access to his Post-9/11 GI Bill. Click here to read more.
Camp Foster, Okinawa, Japan: E-3 – November 2010 Possession of Child Pornography, Sending Obscene Material to a Minor, Indecent Conduct DD, 35 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration ... the government dismissed all charges against our client, who is still serving in the United States Marine Corps. Click here to read more.
Schofield Barracks, Hawaii: E-6 – November 2010 AWOL, Unlawful Possession of Firearm, Possession of Drug Paraphernalia, Use of Methamphetamines x2, Drunk on Duty, Violation of a Lawful Order x2 DD, 16 years and 10 months in confinement, total forfeiture, reduction to E-1, Federal felony conviction After the Chapter 10 was approved, all charges were dismissed... Click here to read more.
Fort Shafter, Hawaii: O-3(P) – November 2010 Perjury, False Official Statement, Conduct Unbecoming an Officer Dismissal, 11 years and 6 months confinement, total forfeiture, Federal felony conviction ... no court-martial or other action was taken against the client.. Click here to read more.
Camp Humphreys, Korea, Japan: E-5 – October 2010 Rape DD, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration ... no charges were preferred against our client.. Click here to read more.
Pearl Harbor, Hawaii: E-6 – October 2010 Aggravated Sexual Contact with a Child DD, 20 years in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration ....and her mother’s credibility, no charges were preferred against our client.. Click here to read more.
Osan AFB, Korea: E-5 – October 2010 Introduction of Controlled Substance onto Military Installation, Possession of a Controlled Substance DD, 20 years and 6 months in confinement, total forfeiture, reduction to E-1, Federal felony drug conviction .... and kept all charges from being preferred against our client,.... Click here to read more.
Pearl Harbor, Hawaii: E-5 – September 2010 Assault with Intent to Inflict Grievous Bodily Harm, Assault Consummated by Battery x2, Communicating a Threat x2 DD, 15 years and 6 months in confinement, total forfeiture, reduction to E-1, Federal felony conviction ....and we managed to cap his confinement at 6 months. Click here to read more.
Pearl Harbor, Hawaii: E-6 – September 2010 Larceny (OHA fraud), Dereliction of Duty DD, 10 years and 6 months in confinement, total forfeiture, reduction to E-1, fine, Federal felony conviction, loss of military retirement ....and no court-martial charges were preferred against our client. Click here to read more.
Kadena AFB, Okinawa Japan: E-6 – August 2010 Possession of a Controlled Substance (steroids), mail fraud DD, 15 years and 6 months in confinement, total forfeiture, reduction to E-1, Federal felony drug conviction, loss of military retirement ... no charges were preferred against our client and no administrative action was taken. Click here to read more.
Pearl Harbor, Hawaii E-4, July 2010 Wrongful use of cocaine (multiple specifications) DD, 10 years, total forfeiture, reduction to E-1, Federal felony conviction ...agreed to dismiss all charges against the client though a Separation In Lieu of Trial (SILT)... Click here to read more.
Camp Casey, Korea E-6, July 2010 Sexual Assault, False Official Statement (multiple specifications) DD, 55 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration ...we were able to work out a deal so that all charges and specifications were dropped... Click here to read more.
Camp Casey, Korea E-5, July 2010 False Official Statement (six specification), Fraternization DD, 32 years confinement, total forfeiture, reduction to E-1, Federal felony conviction ...the government waved the white flag and dismissed all charges against the client. Click here to read more.
Schofield Barracks, Hawaii E-9, June 2010 Larceny of prescription medication Maximum Punishment: DD, 10 years, total forfeiture, reduction to E-1, Federal felony conviction, loss of retirement No Federal conviction, all punishment suspended, retirement saved. Click here to read more.
Yongsan, Korea E-7, May 2010 Larceny of military property (over $250,000 in cash), false official statement Maximum Punishment: DD, 11 years 6 months confinement, total forfeiture, reduction to E-1, Federal felony conviction ...panel found client NOT GUILTY in less then one hour. Our client is still happily serving in the US Army. Click here to read more.
Camp Zama, Japan E-6 - April 2010 Rape, Wrongful Sexual Contact, False Official Statement Maximum Punishment: DD, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, mandatory sex offender registration ...client was found NOT GUILTY of the rape charges, NOT GUILTY of the false official statement and received no punishment Click here to read more.
Torii Station, Okinawa Japan, E-3 - February 2010 Possession & Distribution of Spice, False Official Statement, Adultery Maximum Punishment: DD, 36 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration, loss of retirement ... Army SPICE ORDER DECLARED AN UNLAWFUL ORDER.
...dismissed all charges and specifications regarding Spice and withdrew all remaining charges. Click here to read more.
Camp Casey, Korea, E-1 - December 2009 Aggravated Assault, Communicating a Threat, Violation of General Order Maximum Punishment: DD, 23 years confinement, total forfeiture, reduction to E-1, Federal felony conviction ...granted the speedy trial motion and dismissed all charges with prejudice Click here to read more.
Yongsan, Korea: E-9 - December 2009 Wrongful sexual contact, Indecent acts and fraternization Maximum Punishment: DD, 9 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration, loss of retirement ...found NOT GUILTY on all other charges. Client received only a one-grade reduction. Click here to read more.
Camp Casey, Korea: E-6 - October 2009 Burglary and aggravated sexual assault Maximum Sentence: DD, 41 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, Sex Offender Registration ...the client was sentenced to only three years and a bad conduct discharge. Click here to read more.
Yongsan, Korea: O-3 - August 2009 Larceny of nearly $30,000 of BAH funds Maximum Sentence: Dismissal, 15 years confinement, total forfeiture, Federal felony conviction, loss of medical license The client received NO JAIL TIME and NO DISCHARGE . Click here to read more.
Camp Zama, Japan: E-6 - August 2009 Wrongful use of Codeine Maximum Sentence: DD, 5 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, loss of retirement The government relented and NEVER CHARGED THE CLIENT. Click here to read more.
Yongsan, Korea: E-3 - July 2009 Attempted murder and obstruction of justice Maximum punishment: DD, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction Our client. was FULLY ACQUTTED - NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS. Click here to read more.
Camp Zama, Japan: E-6 - July 2009 Larceny of over $25,000 in government funds Maximum Sentence: Client never formally charged The government relented and DECLINED TO PROSECUTE the client. Click here to read more.
Yongsan, Korea: E-5 - July 2009 Three counts of rape on four separate victims over a three-year period Maximum Sentence: DD, Life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration ...full acquittals - the government DISMISSED ALL CHARGES against the client. Click here to read more.
Zamboanga, Philippines ( JSOTF-P): E-7 Navy Special Forces - September 2009 Causing an accident while intoxicated, then pulling his weapon and threatening to kill a local Filipina Maximum Sentence: DD, 27 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, loss of retirement. As Mr. Bilecki made preparations to travel to the Philippines to conduct an independent investigation, prosecutors decided not to court-martial the client. CHARGES WERE NEVER PREFERRED. Click here to read more.
Camp Humphreys, Korea: E-6 - August 2009 False official statements and Basic Allowance for Housing (BAH) fraud Maximum Punishment: DD, 15 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, loss of retirement Client was FULLY ACQUITTED - NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS. Click here to read more.
Camp Casey, Korea: O-3 - July 2009 Being drunk and disorderly during a command function Maximum Sentence: Dismissal, 5 years confinement, total forfeiture, Federal felony conviction The government later agreed to DISMISS ALL CHARGES and proceed with only an Article 15. The Company Commander remains a proud member of Armed Forces. Click here to read more.
Camp Casey, Korea: E-3 - July 2009 Indecent acts and aggravated sexual assault Maximum Sentence: DD, 40 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration The client received NO JAIL TIME, WAS NOT CONVICTED AS A SEX OFFENDER, and WILL NOT HAVE A CRIMINAL RECORD. Click here to read more.
Camp Zama, Japan: E-6 - May 2009 Possession and transportation of child pornography and child sexual assault Maximum Sentence: DD, 40 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration Client was FULLY ACQUTTED - NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS. Click here to read more.
Camp Casey, Korea: E-1 - May 2009 Three specifications of desertion, one failure to report, and dishonorably failing to pay a debt Maximum Punishment: DD, 11 years and 7 months confinement, total forfeiture, reduction to E-1, Federal felony conviction ...charges dismissed in exchange for an administrative separation. CHARGES WERE DISMISSED and client has NO FEDERAL CONVICTION. Click here to read more.
Camp Casey, Korea: E-9 CSM - April 2009 Adultery with a Filipina woman, misuse of government property and assault Maximum Sentence: Client never charged The defense was prepared to travel to the Philippines to investigate the case when the government relented and decided against court-martialing the CSM. NO COURT MARTIAL CHARGES PREFERRED.
Click here to read more.
Camp Casey, Korea: E-6 - March 2009 Over-intoxication and aggravated assault on his wife Maximum Sentence: 5 years, DD, total forfeiture, reduction to E-1, Federal felony conviction The client was convicted of simple assault, a lesser included offense, Click here to read more.
Camp Zama, Japan: E-2 - February 2009 Unlawfully striking a child, having multiple wives, and falsifying multiple marriage documents Maximum Sentence: DD, 9 years confinement, total forfeiture, reduction to E-1, Federal felony conviction The government immediately backed down and ultimately DISMISSED ALL CHARGES against the client. Click here to read more.
Torii Station, Okinawa / Manila, Philippines: E-4 - February 2009 Raping a Filipina bargirl working outside of Kaduna Air Force Base Maximum Punishment: DD, Life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration After returning from the Philippines, the government DISMISSED ALL CHARGES INVOLVING THE RAPE. Click here to read more.
Camp Casey, Korea: E- 1 - November 2008 Making, possessing and distributing child pornography and other obscene materials Maximum Sentence: DD, 30 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration Mr. Bilecki proceeded to dissect CID's sloppy investigative and digital forensic evidence procedures, and the charges were subsequently DISMISSED. . Click here to read more.
Camp Casey, Korea: E-4 - October 2008 Larceny, and establishing and running a black-market operation of reselling purchased or stolen tax-free goods Maximum Sentence: DD, 19 years confinement, total forfeiture, reduction to E-1, Federal felony conviction ALL CHARGES WERE DISMISSED after the Article 32. Click here to read more.

Level the playing field and contact an aggressive military defense attorney from Bilecki & Tipon, LLLC today to discuss all of your options, not just a guilty plea.

Bilecki & Tipon, LLLC is a Hawaii Court Martial Defense law firm. As Military Lawyers, we can aggressively represent you against the court martial charges you are facing, including Sexual Assault, Rape, Drug Crimes, Larceny, BAH Fraud, andother Military Criminal Charges under the UMCJ. We represent service members from all services, including the Army, Air Force, Navy and Marine Corps.

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