Early Defense Work Prevents Larceny Charges Against Army Command Sergeant Major

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 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 Major. Early and aggressive intervention kept charges from ever being preferred, and all punishment was suspended. No federal conviction, all punishment suspended, retirement saved.