Case Results - The Bilecki Law Group, LLLC

Our Last 25 Case Results Involving Military Defense

The following is a list of the last 25 clients Mr. Bilecki has defended.  Unlike other law firms, Mr. Bilecki lists ALL recent cases, not just the full acquittals or "representative cases."   We also provide the date and location of each case to prove that case results are real, recent and verifiable.  

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. 

The maximum possible punishment listed is the maximum punishment authorized by law under the UCMJ for the specified allegations.  In some instances, punishment is limited by the level of court martial presiding over the case. 

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

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Case	Charges Faced	Maximum Possible Punishment	Case Results
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	...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.

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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.

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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.

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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.

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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.

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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

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, all the while intending to use the “Plan B” defense (blame someone else) 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 (The Plan B). 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.

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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.

 

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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.

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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.

 

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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.

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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 abad conduct discharge.  The case will be appealed.

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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.

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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.  

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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.

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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.

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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.

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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. 

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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.  

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.