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June 2010
Tim Bilecki

Early Involvement of Military Counsel Prevents Larceny Charges Against Army CSM

Larceny of Prescription Medication
Schofield Barracks, Hawaii
Army Command Sergeant Major - E-9
No charges preferred. Adjudicated at suspended Article 15.

Maximum Sentence:

  • Dishonorable Discharge
  • 10 years
  • Total forfeiture
  • Reduction to E-1
  • Federal felony conviction
  • Loss of retirement

An Army Command Sergeant Major was suspected of stealing prescription medication from one of his Soldiers during health and welfare inspections.

The CSM became a suspect early in the investigation and, when questioned by CID, invoked his rights and retained Tim Bilecki, a recognized Article 121 UCMJ larceny attorney in Hawaii, almost immediately after being questioned. Mr. Bilecki worked aggressively with prosecutors so that his client would not be charged at a court martial.

Bilecki successfully negotiated the case to be adjudicated at an Article 15 and drafted a compelling mitigation and extenuation memorandum to the Commanding General. The CG subsequently suspended all punishment against the Command Sergeant MajorEarly and aggressive intervention kept charges from ever being preferred, and all punishment was suspended. No federal conviction, all punishment suspended, retirement saved.

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