Military Defense Lawyer Case Results in Hawaii, Korea, Okinawa, Japan and worldwide

Case Results - The Bilecki Law Group, LLLC

The following is a list of the cases - and results - of all cases that Mr. Bilecki and The Bilecki Law Group has defended over the last three years. Unlike other law firms, The Bilecki Law Group 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.

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

The Bilecki Law Group 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 to 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

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

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: CLIENT FACED 101 YEARS, WE GOT A 10 MONTH DEAL

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 to 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

FULL ACQUITTAL. 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. The Bilecki Law Group 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, 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.

Atsugi, Japan: E-4 – February 2011

Charges: 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.

MCAS Iwakuni, Japan: E-3 – February 2011

Charges: 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.

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 The Bilecki Law Group 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 The Bilecki Law Group 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 The Bilecki Law Group, 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

Charges: 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. The Bilecki Law Group 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. The Bilecki Law Group 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.

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. The Bilecki Law Group 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 The Bilecki Law Group 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

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

Charges: 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 The Bilecki Law Group. 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 The Bilecki Law Group 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, The Bilecki Law Group 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 specification), Fraternization

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

In another example of why The Bilecki Group 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, The Bilecki Law Group 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 The Bilecki Law Group almost immediately after being questioned. We worked aggressively with prosecutors so that our client would not be charged at a courts-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 then 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 it’s 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.

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.

Yongsan, Korea: E-9 - December 2009

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.

Camp Casey, Korea: E-6 - October 2009

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, 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.

Yongsan, Korea: O-3 - August 2009

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.

Camp Zama, Japan: E-6 - August 2009

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.

Yongsan, Korea: E-3 - July 2009

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.

Yongsan, Korea: E-5 - July 2009

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.

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

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 investigation, prosecutors decided not to court-martial the client. CHARGES WERE NEVER PREFERRED.

Camp Humphreys, Korea: E-6 - August 2009

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.

Camp Casey, Korea: O-3 - July 2009

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.

Camp Casey, Korea: E-3 - July 2009

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.

Camp Zama, Japan: E-6 - May 2009

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.

Camp Casey, Korea: E-1 - May 2009

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.

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

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. NO COURT MARTIAL CHARGES PREFERRED.

Camp Casey, Korea: E-6 - March 2009

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

Camp Zama, Japan: E-2 - February 2009

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 - with co-counsel CPT Ernesto Gapasin - 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.

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

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 and co-counsel CPT Ernesto Gapasin 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.

Camp Casey, Korea: E-2 - November 2008

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.

Camp Casey, Korea: E-4 - October 2008

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.

An Extensive List of our Recent Court Martial Case Results

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

The Bilecki Law Group, 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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