Skip to the main content

Worldwide military defenseTampa, Florida · We travel wherever the case requires.

Military defense by location

Sasebo Court Martial Defense: Defending Sailors at the Navy’s Forward Amphibious Base in Japan

Ships moored at Fleet Activities Sasebo, Japan (2014).
Ships moored at Fleet Activities Sasebo, Japan (2014).Photo: U.S. Navy / Michael Achterling · Public domain
Source and image detailsUS Fleet Activities Sasebo aerial view in June 2014Full frame preserved. Display size reduced.
The appearance of U.S. Department of War (DoW) visual information does not imply or constitute DoW endorsement.

Get Free Case Evaluation

Fleet Activities Sasebo: The Navy's Forward Amphibious Foothold on Kyushu

On a deep, sheltered harbor in Nagasaki Prefecture, on the western tip of Kyushu, Commander Fleet Activities Sasebo is the Navy's forward amphibious base in Japan. It homeports the forward deployed amphibious ships that carry the Marines of III MEF, along with mine countermeasures ships, and it has been a launching point for American sea power in the Western Pacific since it staged the fleet that landed at Inchon in 1950. It is a smaller, tighter base than Yokosuka, with a Sailor town pressed right up against the main gate, and that compact, hard working character is exactly what makes a case here move fast.

For a Sailor stationed at Sasebo, a forward base that small cannot be seen tolerating misconduct so close to the host nation, and it charges accordingly. There is also a second danger most never think about until it lands on them: under the Status of Forces Agreement, the Japanese authorities can pursue the same off base incident at the same time the Navy does, and the Japanese criminal system works nothing like ours. A case connected to Sasebo is a fight for a career, a retirement, and sometimes freedom, and the only way to win it is to deny the prosecution the easy conviction it expects and make it prove every element of what it has charged. The SOFA allocates primary jurisdiction and limits a second trial for the same offense; overlapping investigations do not mean that both countries may freely try the same charge.

The First Man to Win the Medal of Honor in a Helicopter

Sasebo was the Navy's forward base for the Korean War at sea, the war that produced the first helicopter rescue pilot ever to receive the Medal of Honor. Lieutenant Junior Grade John Kelvin Koelsch flew rescue helicopters off Korea in 1951. On July 3, a Marine pilot was down and badly burned behind enemy lines, in failing light and worsening weather that had already turned other aircraft back. Koelsch went anyway. He flew in low through heavy fire, found the burned flyer, and was hoisting him aboard when ground fire knocked the helicopter out of the sky. He pulled his crew and the wounded Marine from the wreck and led them through enemy held country for nine days, caring for the burned man the whole way, before they were captured. As a prisoner he refused to give the enemy anything and held his fellow captives together, and he died in captivity that October. He flew into fire after one downed man and never once put his own safety first, and that refusal to leave a man behind is the standard we bring to a fight at Sasebo.

Why Sailors at Sasebo Fly Us In

For this firm, defending the forward deployed Navy is bread and butter work. Tim Bilecki finished his active duty service from 2008 to 2010 as the Senior Defense Counsel for the Army's Trial Defense Service across the Pacific Rim, responsible for the defense of service members throughout Korea, Okinawa, and mainland Japan, and his civilian practice has kept him in these waters ever since. A government lawyer at Sasebo who sees that kind of Pacific counsel enter an appearance knows the easy conviction just got harder to come by.

What you are up against is a system that was never built to find the truth. It exists to preserve discipline, and overseas it does that by making a public example of someone, because a ruined career reassures the host nation and the headquarters keeping score. A serious case at Sasebo is investigated by NCIS, and for sexual assault, domestic violence, and other covered offenses the decision to refer charges to a court martial no longer belongs to your command; it goes to an independent Special Trial Counsel in the Navy's Office of Special Trial Counsel. Your detailed defense counsel from the Defense Service Office may be capable and committed, but works a heavy caseload inside that same system, which is why Sailors who are serious about the fight bring in their own counsel.

UCMJ Charges We Defend at Sasebo

We defend every kind of military charge. The ones below are simply the most common at Sasebo.

Sexual Assault and Sex Offenses (UCMJ Article 120 / Article 134). The Navy runs its SAPR program at Sasebo under intense institutional pressure. An allegation is often treated as established before the investigation is finished, and where the evidence will not support a charge, the command falls back on administrative separation. Sailors have also learned that a complaint can redirect an investigation or buy a transfer off a ship, and a command focused on showing it takes every report seriously is in no position to weigh motive. These cases route to an independent Special Trial Counsel now, and they demand counsel who will investigate independently and contest the case early, before charges are preferred.

Our work in Japan also includes defending service members caught in NCIS online sting operations, the online enticement cases NCIS runs across the country in which an agent poses online as a minor, lures a service member toward a meeting, and makes an arrest on arrival. Because there is never an actual child, the charge is almost always an attempt under Article 80, and it turns entirely on what the government can prove about intent. Tim Bilecki has been quoted in The Japan Times as a defense authority on these operations, and the firm has defended many of them with strong results. The defenses are a mistake of fact as to age, where the person reasonably believed they were dealing with an adult; entrapment, where the government planted the idea in someone who was not predisposed to it. We also examine compliance with Internet Crimes Against Children protocols for weaknesses in the investigation and the agents’ credibility. A protocol violation alone is not a legal defense; its significance depends on the charged offense, the evidence, and the applicable defense.

Fraud and Larceny (UCMJ Article 121 / Article 107). Housing allowance fraud is common at overseas bases, and at Sasebo it usually starts with a Sailor drawing OHA against a lease on the local economy, or BAH set by a dependent's stateside address, where an auditor later decides the rent, the residence, or the dependent's location does not match the paperwork. Because the housing form is what authorizes the rate, the government charges it as larceny under Article 121 and as a false official statement under Article 107, the same paperwork serving as both the theft and the lie. The government still has to prove intent, and a finance office error, bad guidance, or a family that genuinely moved is not a scheme. We defend BAH and OHA fraud, larceny, wrongful appropriation, and conspiracy to defraud, and we win them on the paper trail and the intent the government would rather assume.

Domestic Violence and Assault (UCMJ Articles 128b and 128). Domestic violence under Article 128b has become one of the largest parts of our caseload, and a forward base with this many families sees a great deal of it. Since the Office of Special Trial Counsel took these cases over it is charged as aggressively as any offense in the UCMJ. It covers a spouse, an intimate partner, or a family member, and makes strangulation or suffocation a separate, serious charge even when there is little or no visible injury. A qualifying conviction also triggers the federal Lautenberg firearms bar, which can end a Navy career because the job requires being able to carry a weapon. We also defend assault under Article 128. Self defense is a recognized defense, and what actually happened often looks different from the first report once the evidence comes in.

Drug Offenses (UCMJ Article 112a). Japan enforces some of the strictest drug laws in the developed world, and a substance bought off the local economy or shipped into the country can bring both a court martial and a Japanese prosecution far harsher than anything stateside. A positive urinalysis or a possession allegation is serious but not the end of the fight. The chain of custody can be challenged, innocent ingestion is a recognized defense, and the government still has to prove that any use or possession was knowing and wrongful. The overlap of military and Japanese jurisdiction is exactly why you want counsel involved before you say a word.

Military Specific Offenses (UCMJ Articles 87a, 92, 134, and more). A forward deployed amphibious base generates its own charges, from an unauthorized absence when a Sailor misses a ship's movement to the offenses that start on liberty in the Sasebo bar district a short walk from the gate. The Navy works that crowd with the Shore Patrol, and because the Shore Patrol is designated to perform police duties it can apprehend a Sailor, so resisting or fleeing it can be charged as resisting apprehension under Article 87a and disobeying its lawful order as a violation of Article 92, while an incident involving a Japanese national draws the Japanese police. Stack a curfew or off limits violation under a USFJ general order, a drunk and disorderly under Article 134, and conduct unbecoming on top, and one night becomes a charge sheet built to inflate the punishment. Every specification still has to be proven beyond a reasonable doubt on its own, and we challenge each one.

A Mistake on Liberty Shouldn't Sink a Career

Not every Sailor who calls us from Japan is innocent, and we do not pretend otherwise. Some made a bad decision and know it. That does not mean they have to accept the worst the system can hand out, prosecuted by a command eager to turn one case into a warning for the rest of the fleet. Rank does not decide whether you need a firm like ours; the seriousness of the case does. If a matter is genuinely minor, your Defense Service Office counsel can handle it, and we will tell you so honestly.

But when the case is serious, everything is on the line at once: your career, your retirement, your good name, and your freedom. A court martial conviction is a federal criminal conviction. Under the sentencing rules now in force it can mean confinement a judge has little discretion to avoid, a punitive discharge that follows you for life, and on a sex offense a place on a registry, no matter your rank. That is why you fight, and the system is counting on you not to.

If you are facing an investigation or court martial connected to Sasebo, reach out for a free defense strategy session. We will fly to Japan, tell you exactly what you are facing, and lay out how we would defend it. The government is already building its case. The only question is whether anyone is building yours.

Get Free Case Evaluation

Cases Connected to Sasebo

These cases include trials, hearings, investigations, and administrative matters. A connection to this location does not necessarily mean that the trial occurred here.

FAQ

NCIS wants to interview me at Sasebo. Do I have to talk to them?
No, and not without counsel. NCIS works for the command and the prosecution, not for you, so under Article 31b of the UCMJ you should stay silent and ask for a lawyer before a single question. For covered offenses like sexual assault, the decision to refer charges to a court martial no longer belongs to your command but to an independent Special Trial Counsel in the Navy's Office of Special Trial Counsel. An off base incident involving a Japanese national can also draw the Japanese authorities under the Status of Forces Agreement, and a statement to one system can surface in the other. Decline the interview, ask for counsel, and call a lawyer before you say anything.

I was detained by the Japanese police off base near Sasebo. What happens now?
It is both, and the Japanese side is the one most Sailors are not prepared for. Under the Status of Forces Agreement the Japanese authorities hold the primary right to prosecute most off base offenses against Japanese nationals, and their system is very different from ours: police and prosecutors can hold and interrogate a suspect for up to roughly twenty three days before any charge is filed, often without a lawyer in the room, with heavy pressure to produce a confession. If the service member is already in U.S. custody, the SOFA generally permits the United States to retain custody until Japanese indictment, subject to arrangements for earlier transfer, but that is exactly the window where the damage is done. You can be facing the Japanese process and a court martial over the same night, and a statement to either one can sink both, so get experienced counsel and command and consular help involved immediately, before you talk to anyone.

A night in the Sasebo bar district ended with the Shore Patrol or a fight. How serious is that here?
More serious than the same night would be stateside. The bar district sits right outside the gate, and the Navy works it with the Shore Patrol, which can apprehend, so a scuffle, a refusal to comply, or a curfew violation can become charges under Articles 87a, 92, and 134 before you leave the district. When a Japanese national is involved the command treats it as a potential international incident and tends to assume the worst about the Sailor, even when a local started it. What actually happened usually looks different once the night is reconstructed from witnesses and any video instead of from whoever reached the authorities first, which is exactly the work a prepared defense does early.

My ship is about to deploy and I am under investigation. What happens to me and to the case?
It depends on the charge and where you are in the process, and it is a decision you want counsel involved in rather than left to the command. A Sailor under investigation may be held back from a deployment, pulled to the beach, or restricted, and an unauthorized absence or a missed ship's movement is its own offense under the UCMJ, so simply not showing up is never the answer. Jurisdiction follows you and your status, not the ship, so the case does not disappear when the ship sails. The practical risk is that witnesses and the crew who can help you deploy out of reach for months, which is one more reason to get counsel engaged early, while the people and the evidence are still here.

Mr. Bilecki and Mr. Gold are by far the best legal team I have encountered in my entire career. My legal situation lasted almost one year and ended with the best case scenario; Full Acquittal! … Both Tim and Ben are very responsive to emails, text, and phone calls. Due to me being overseas and the time difference, they always made accommodations for a conference call that was convenient for me. When it came down to the actual trial, Mr. Bilecki was a superstar.

Rafael L.

Rafael L.

Read the full testimonial

Prior results do not predict future outcomes. A prospective client may not obtain the same or similar results.