A Navy Submariner, who was responsible for processing the administrative paperwork for hurricane evacuation payments for Sailors who were required to evacuate for Hurricane Irma, came under investigation for larceny. To receive reimbursement, service members are required to fill out a DD Form 1610 and submit a travel voucher for the associated evacuation expenses. After the forms were filled out, the Sailor was accused of whiting out the banking and routing numbers and filing in his own banking and routing number so that the payments would go directly to him as opposed to the service members. The victims in this case included members of the Chief’s mess, officers and even the Commanding Officer. It did not take long for the service members to realize they did not get paid, and a formal investigation by the Naval Criminal Investigative Service (NCIS) ensued.
The NCIS was able to track the bank accounts back to the Sailor and learn that the funds were deposited into a bank account owned by our client and that the funds were withdrawn during a four-day weekend in Miami, Florida. The NCIS then brought the Sailor in to be interrogated, and he provided law enforcement with a full confession. This certainly proved just another example of why it is best to invoke your rights when brought in for questioning by law enforcement.
Court martial attorney Tim Bilecki was retained after the Sailor was formally charged with multiple specifications of larceny. The evidence in this case was overwhelming, and the government offered our client a plea agreement that would require a reduction to E-1, confinement and a punitive discharge. The defense team rejected the government’s pretrial agreement and instead did what is known as a “naked plea” in front of members, as opposed to a military judge. While pleading guilty to members without a plea agreement in place was certainly the risk-on strategy, the defense did not have to enter a stipulation of fact and did not have to waive an administrative separation board, and there was no mandated sentence to confinement or mandated punitive discharge. High risk often means high reward – and that is exactly what happened in this case.
Tim Bilecki flew to Norfolk, Virginia, and, over two days, picked a jury, put on an extensive case in mitigation and extenuation, and then made a powerful closing argument to the members advocating for a sentence of no confinement and no punitive discharge. The hard work and the calculated risk paid off, as that panel returned a sentence of only a one-grade reduction, restriction and forfeitures. This strategy resulted in no confinement and no punitive discharge. Our client will continue serving in the United States Navy.
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