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October 2023
Tim Bilecki

Case Result: Defense Against Military Justice

Possession and distribution of Child Sexual Abuse Material (CSAM), conduct unbecoming an officer, attempted sexual assault of a minor.
Wiesbaden, Germany
Army | Chief Warrant Officer 2 (CW2)
No Basis at BOI for all sexual related allegations. No Basis at FEB, recommendation to fully restore flight status.

At times, the military justice system and fickle commands can’t get out of their own way and wind up losing top talent in the process. Such was the case for a 16-year veteran of the U.S. Army who served as a pilot while stationed in Germany. He was facing charges of possession and distribution of Child Sexual Abuse Material (CSAM), conduct unbecoming an officer and attempted sexual assault of a minor.

Now, we are often asked why we take on cases where such serious charges of crimes against children are involved. One, our justice system depends on every defendant receiving a competent defense. That’s just how justice works. Second, we know that when it comes to the military justice system, such charges are rarely as they seem.

In this case, a German national accused him of inappropriate communications on Kik Messenger. The U.S. Army Criminal Investigation Division (CID) got involved, but they struggled to obtain any proper evidence which proved our client was involved. The evidence used were primarily screenshots which lacked conclusive identification and CID was unable to acquire the subscriber information from Kik.

Responding to these allegations, our client retained Bilecki who immediately went to work with his own digital forensic investigation. It became clear early on that our client was the victim of a blackmail operation. Doubts over the authenticity of the screenshots emerged and the accuser’s credibility further eroded the case. Unfortunately, the military justice system was on the prowl, and they were going to make an example out of this Soldier one way or the other.

Without enough evidence to pursue a court martial, a General Officer Memorandum of Reprimand (GOMOR) was issued. We argued with vigor via a lengthy GOMOR rebuttal, but it became clear that the command had already made up its mind. They filed the GOMOR permanently, but not before we ensured critical modifications to the allegations were included.

The case then proceeded to a Board of Inquiry (BOI) where after a 15-hour battle with Bilecki, the board found no basis for all the most serious misconduct charges, except for a single inappropriate image sent by our client. Showing once again that the command had it out for our client, they recommend service separation based on this singular offense.

Highlighting even more the fickle and capricious nature of the case, the command was still not satisfied with the BOI’s findings. While awaiting Human Resources Command approval, the command went after his flight status and initiated a flight evaluation board against him for the same alleged misconduct.

Bilecki once again went to war for our client and the flight evaluation board concluded as we originally knew that our client did not commit the alleged misconduct and recommended reinstatement of his flight credentials. At this point, our client was fed up with the bullshit the Army had just put him through and chose to leave the Army for a career in commercial aviation. Because of this command’s oppressive campaign against our client, the Army is one more pilot short and the civilian aviation industry just gained one hell of a pilot.

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