Case Results - Bilecki & Tipon, LLLC

Court Martial Lawyer in Hawaii, Korea, Japan and Worldwide

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

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 at (800) 996-9747 if you have any questions, need clarification, or would like additional case results and/or referrals.

  • Accused of Attempted Sexual Assault of Child

    Never Charged

    Okinawa, Japan

    Undisclosed Service – Senior NCO

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

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

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

    Result: Client Never Charged

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  • Criminal Bulling & Hazing

    Not Guilty

    Air Force E-7

    Yokota, AFB, Japan

    Charges: Criminal bullying and hazing

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

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

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

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

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

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

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

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

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

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  • Wrongful Use Of Drugs

    Never Charged

    Kadena, AFB Okinawa, Japan

    Air Force O-3

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

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

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

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

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

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  • Charged with Adultery

    Charges Dropped

    Grafenwoehr, Germany and stationed in Ft. Stewart, GA

    Army E-6

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

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

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

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

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

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

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  • State Court Temporary Restraining Order (TRO) hearing

    Dismissed

    Honolulu, Hawaii

    Civilian – Marine Dependent

    Charges: State Court Temporary Restraining Order (TRO) hearing

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

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

    Result: Temporary Restraining Order (TRO) dismissed

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  • Attempted Sexual Abuse of a Child

    Charges Reduced

    Marine Corps Base Hawaii, Kaneohe

    Marine E-6

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

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

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

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

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

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

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

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

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  • Wrongful Use of MDMA & Cocaine

    Received No Punitive Discharge

    Hickam, AFB Hawaii

    Air Force E-4

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

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

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

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  • Accused of Sexual Assault and Fraternization

    Honorable Resignation

    Schofield Barracks, Hawaii

    Army O-3

    Allegations: Accused of Sexual Assault and Fraternization

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

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

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

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

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

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

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

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

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

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  • Attempted Lewd Act on a Child

    Not Guilty

    USMC CW02

    Camp Foster, Okinawa

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

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

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

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

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

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

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

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

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

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

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  • State Court Temporary Restraining Order (TRO) hearing

    Dismissed

    Honolulu, Hawaii

    Civilian

    Charges: State Court Temporary Restraining Order (TRO) hearing

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

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

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

    Result: Temporary Restraining Order (TRO) dismissed

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  • Sexual Assault

    Dismissed

    Naval Base Guam

    Navy E-3

    Charges: Sexual Assault

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

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

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

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  • Air Force E-3 Drug Distribution & Possession

    Multiple Results

    Kadena AFB, Okinawa Japan

    Air Force – E-3

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

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

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

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

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

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

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

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

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  • Criminal Bulling & Hazing

    Not Guilty

    Air Force E-7

    Yokota, AFB, Japan

    Charges: Criminal bullying and hazing

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

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

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

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

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

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

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

    NOT GUILTY of All Charges and Specification.

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  • Attempted Sexual Assault

    Not Guilty

    USMC CW02

    Camp Foster, Okinawa

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

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

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

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

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

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

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

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

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

    NOT GUILTY of all charges except conduct unbecoming and officer.

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  • Three Victim Stabbing

    Not Guilty

    Yongsan Army Base, Korea

    Army E-4

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

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

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

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

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

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

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

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  • Felony Manslaughter

    Not Guilty

    State of Hawaii v. Reservist USAF SSgt

    Charges: Felony Manslaughter of Police Officer

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

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

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

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

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

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

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

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

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

    Media

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  • Aggravated Assault with Intent to Inflict Grievous Bodily Harm

    Dismissed

    Schofield Barracks, Hawaii

    Army E-4

    Charges: Aggravated Assault with Intent to Inflict Grievous Bodily Harm

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

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

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

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  • BAH Fraud

    Not Charged

    Camp Zama, Japan

    Army O-5

    Charges: BAH Fraud

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

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

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

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

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

    Update to follow.

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

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  • Lewd Act on a Child, Indecent Exposure, and Adultery

    Sentenced to 15 years & 6 months

    Camp Schwab, Okinawa, Japan

    Marine E-6

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

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

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

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

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

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

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

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

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

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

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

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

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

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  • Sexual Assault of a Minor

    Not Guilty

    Schofield Barracks, Hawaii

    Army 0-3

    Charges: Sexual Assault on a minor

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

    Result: NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS

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  • Wrongful Sexual Contact x 3 Alleged Victims

    Not Guilty

    Schofield Barracks, Hawaii

    Army E-7

    Charges: Wrongful Sexual Contact x 3 Alleged Victims

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

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

    Result: NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS

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  • Sexploitation

    Case Closed by NCIS

    Navy (location undisclosed)

    Navy Officer (rank undisclosed)

    Allegations: Sexploitation (EXTORTION ATTEMPT AGAINST OUR CLIENT)

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

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

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

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

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

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

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  • Solicitation of a Minor, Child Pornography, Drug Distribution

    Reduced Charges

    Marine Corps Base Hawaii, Kaneohe, Hawaii

    Marine E-3

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

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

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

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

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

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

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

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  • 7 Alleged Victims - Child Sexual Assault

    Reduced Sentence

    Kaneohe Bay, Hawaii

    Marine Corps E-3

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

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

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

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

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

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  • Drug possession and use

    Not Charged

    Guam

    Navy E-3

    Charges: Drug possession and use

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

    Result: Client Not Criminally Charged. No Federal Conviction.

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  • SHARP, Sexual Assault, False Official Statement

    Not Guilty

    Schofield Barracks, Hawaii

    Army E-5

    Charges: SHARP, Sexual Assault, False Official Statement

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

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

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

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

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

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

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

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

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

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

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

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  • Sexual Assault of a Minor

    Not Guilty

    Marine Corps Base Hawaii, Kaneohe, Hawaii

    Marine E-6

    Charges: Sexual Assault of a Minor

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

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

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

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

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

    Result: NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS

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  • Sexual Assault, Forcible Sodomy, Simple Assault

    Not Guilty

    Schofield Barracks, Hawaii

    Army – E-4

    Charges: Sexual Assault, Forcible Sodomy, Simple Assault

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

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

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

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

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

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

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

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

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  • Sexual Assault

    Dismissed

    Yongsan, Korea

    Army E-5

    Charges: Sexual Assault

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

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

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

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

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

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

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

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  • Assault on a Female Officer, Drunk and Disorderly Conduct

    Not Guilty

    Camp Humphreys, Korea

    Army E-8

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

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

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

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

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

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

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  • Sexual Assault / Rape by Force

    Reduced Charges

    Fort Irwin, CA

    Army E-8

    Charges: Sexual Assault / Rape by Force

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

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

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

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

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

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

    Result: 6 Years Confinement and Dishonorable Discharge.

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