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August 2009
Tim Bilecki

Army Captain Secures No Jail Plea Deal in $30K BAH and OHA Fraud Case

Larceny, False Official Statements
Yongsan, Korea
Army Captain – O-3
Plea to lesser included offense, no prison time. no punitive discharge.

Maximum Sentence:

  • Dismissal
  • 15 years confinement
  • Total forfeiture
  • Federal felony conviction
  • Loss of medical license

An Army Captain and emergency room doctor, was charged at a general court martial with larceny of nearly $30,000 of BAH funds and false official statements in a case involving allegations in both Korea and Hawaii.  After preferral of charges, court martial lawyer Tim Bilecki led the defense team.

These charges threatened the client’s liberty and continued ability to practice medicine. At the Article 32 hearing, Mr. Bilecki, a military defense attorney for the Pacific region, 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.  Bilecki put on an extensive case in extenuation and mitigation at the sentencing hearing and the Captain received no jail time and was not punitively discharged.  Our Client later resigned from the Army with an honorable discharge and continued to practice medicine.

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