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June 2011
Tim Bilecki

SGT Charged With Trafficking 1 Kilo of Spice and $10K BAH Fraud Serves 10 Months

Conspiracy to Possess Spice (over one kilogram), Attempted Possession of Spice, FALSE official Statement (x3), Possession of a Schedule III Controlled Substance, Communication of a Threat (x2), Adultery, Witness Intimidation, Mail Fraud (x2), Violation of a General Order, Fraternization, Basic Allowance for Housing Fraud, Obstruction of Justice
Camp Foster, Okinawa, Japan
Marine Corps Sergeant - E-5
Plea agreement for 10 months confinement.

Maximum Sentence:

  • Dishonorable Discharge
  • 101 years confinement
  • Total forfeiture
  • Reduction to E-1
  • Federal felony drug conviction

In one of the biggest Spice and Analogue cases Bilecki Law Group had taken to date, a Marine Sergeant was criminally investigated when the Japanese government intercepted a package en route to our client that contained nearly one kilo of Spice. 

This mail interception brought on nearly a year of investigation into the Marine, and it was eventually alleged that he was conspiring with his wife to purchase large quantities (multiple kilos) of Spice from Eastern Europe and ship them to the United States, where they were repackaged and sent to Okinawa for redistribution to Marines. The Marine was also charged client was also charged with possession of steroids, a Schedule III controlled substance.

In addition to the alleged trafficking in Spice and steroid possession, the investigation further uncovered that the Marine client may have been responsible for nearly $10,000 of BAH fraud. Once the case was under investigation, he further allegedly made numerous threats to government witnesses, including a threat to kill his wife if she testified against him.

Before charges were preferred, our client also impregnated his junior enlisted girlfriend, which led to fraternization and adultery charges. The government built an incredibly solid case against this Marine on numerous grounds—drug trafficking, BAH fraud, terroristic threatening, witness intimidation, and military-specific crimes — and was looking for extensive confinement time and a dishonorable discharge. Given the gravity of the offense and the evidence against the client, including a confession, a sentence including decades in confinement  was not unrealistic.

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Court martial lawyer Tim Bilecki, the managing attorney of Bilecki Law Group, was retained and fought hard in this case, starting by preparing for what would likely be a multi-week contested jury trial. Due in part to our aggressive posture and in part to arduous in-person negotiations between Mr. Bilecki, and the prosecutors, we were able to obtain an incredibly favorable pre-trial agreement in which our client would only plead guilty to the military-specific offenses in exchange for a maximum sentence of 10 months confinement and all other charges would be withdrawn and dismissed.

At the sentencing hearing, the military judge handed down a 24-month sentence, which was reduced to 10 months because of the agreement we had in place, and even commented specifically on how good of a deal we had negotiated for our client.

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