Marine Avoids Lengthy Confinement Time and Sex Offender Registration

A Lance Corporal in the U.S. Marine Corps was initially charged with eight (8) specifications of child pornography possession, distribution,  and viewing.  Later, the USMC charged him with five (5) specifications of Sexual Abuse of a Child and one (1) specification of Attempted Sexual Abuse of a Child.  All together, the charges against our client carried the possibility of almost 200 years of confinement.  At the Article 32 hearing, our cross-examination of the NCIS agent demonstrated the weakness of the government’s case on the child pornography charges.  Using that as leverage, we negotiated a plea agreement with the government where our client accepted responsibility for Abusive Sexual Contact with a minor (for sending sexually explicit texts and emails).  In exchange, the government agreed to Withdraw and Dismiss With Prejudice all remaining charges against our client.  He was sentenced to “time served” and released from confinement that day.  While he did receive a punitive discharge, he will not have register as a sex offender in his home state.

Category: Military Success Stories

Navy Lieutenant Cleared of Misconduct, Retained at Board of Inquiry

Our client, a Navy O-3, went TAD to Ghana.  Following the trip, one of his disgruntled Sailors started circulating rumors that our client engaged in repeated sexual activities with Ghanaian foreign nationals, despite the fact that he was married.  These rumors swirled around the command for months before an anonymous tip was made to NCIS only days before our client was set to PCS.  After a rushed and laughingly inept “investigation,” our client was offered nonjudicial punishment, which he refused.  The command referred his case to Navy BUPERS, who ordered our client to show cause for retention at a Board of Inquiry for alleged violations of Article 92, 133, and 134, UCMJ.  At the Board, we presented overwhelming evidence of our client’s exceptional Naval career and integrity, as well as evidence that the accusing Sailor had a reputation for exaggerating and spreading rumors.  Result: After only 10 minutes of deliberations, the Board voted 3-0 that our client committed NO MISCONDUCT and to RETAIN him in the Navy.

Category: Military Success Stories

Rape Charges Against Air Force E-4 Withdrawn and Dismissed

Our client was charged with raping/sexually assaulting his wife.  Immediately following the alleged incident, our client’s wife went to the hospital where medical personnel treated her for an injury in her vaginal area.  In addition, our client allegedly made statements admitting that he raped his wife to his best friend and to a marital counselor.  JAG Defense was retained after the Article 32 hearing and after charges had been referred to trial by General Court-Martial.  Our investigation identified numerous inconsistent statements by our client’s ex-wife, as well as multiple motives to fabricate her allegations, to include adulterous relationships and her identity theft/credit card fraud using our client’s identity.  Armed with this information, we were able to negotiate an alternate disposition on behalf of our client, which included the government’s agreement to WITHDRAW and DISMISS all charges against our client – No Conviction, No Sex Offender Registration, No Confinement, and No Punitive Discharge.  Further, we were able to negotiate a General (Under Honorable Conditions) characterization for our client, which guarantees his continued eligibility for Veterans’ Benefits.

Category: Military Success Stories

Sexual Assault Charges Withdrawn and Dismissed Against Coast Guard Petty Officer

Coast Guard E-5 was charged with sexually assaulting a female co-worker.  After excessive drinking at an off-base party, our client was videotaped and photographed with the alleged victim in the bathroom, helping her to stand and holding her hair back while she vomited.  There were also pictures of the alleged victim passed out with her head on the toilet.  After numerous people assisted in carrying the alleged victim to a guest bedroom, our client returned to the party.  Approximately 20 minutes later, our client was found in the alleged victim’s bed with her.  Neither of them were wearing pants.  The next morning, the alleged victim had no recollection of our client being discovered in her bedroom.  Our client was charged with sexual assault and attempted rape due to the alleged victim’s intoxication level.  Despite the significant evidence against our client, JAG Defense was successful in negotiating a pretrial agreement wherein the sexual assault charges against our client were WITHDRAWN and DISMISSED.  Result: No punitive discharge and no sex offender registration.

Category: Military Success Stories

Naval Officer Involved in Camel Accident CoverUp – Retained

A group of officers and enlisted members went on liberty in Djbouti, Africa.  While on liberty, they purchased and consumed alcohol (with the exception of the driver).  On the way back to their base, they struck a camel, severely damaging their GOV.  In the ensuing investigation, a number of the members made false, conflicting statements about their consumption of alcohol.  Our client admitted to his own drinking, but on two separate occasions, denied knowledge of anyone else’s purchase or consumption of alcohol, which was not true.  Our client was taken to Admiral’s Mast, where he was found guilty of false official statement, conduct unbecoming an officer and a gentleman, and failure to obey a lawful regulation.  Following his Mast, our client completed his deployment in Djbouti, returned to the U.S., and then was notified that he would be required to show cause for retention in the U.S. Navy.  At his Board of Inquiry, our client took responsibility for making false statements on 2 occasions, as well as not properly executing the required liberty paperwork (which was the basis of the orders violation).  We presented compelling evidence of his otherwise positive Naval career, coupled with his exceptional performance on deployment, both before and after the incident.  Result: The Board voted 3-0 to RETAIN our client in the U.S. Navy.

Category: Military Success Stories

Coast Guard O-4 Retained After 2nd Alcohol Incident

Following an extremely successful command tour, a disgruntled subordinate initiated an EEO investigation against our client.  While the EEO claims were ultimately determined to be unsubstantiated, the investigation uncovered evidence that our client became excessively intoxicated during a junior officer’s “wetting down,” groped/fondled females at the bar, and led to his removal from the bar, urinating on the sidewalk, and failure to pay his taxi fare.  Our client was further charged with coercing his Chiefs Mess and Executive Officer into not reporting his behavior to the chain of command.  In addition, our client had a previous DUI 11 years earlier.  As a result, he received a 2nd “Alcohol Incident,” which requires mandatory discharge processing in the Coast Guard.  At his subsequent Board of Inquiry, we demonstrated that the allegations that our client coerced his Chiefs Mess and XO were entirely inaccurate, as were the allegations of groping and fondling females.  We further mitigated many of the additional allegations against him, and presented compelling evidence of his otherwise exceptional career.  Result: Despite 2 Alcohol Incidents, our client was retained in the U.S. Coast Guard and will retire honorably.

Category: Military Success Stories

Commanding Officer Navy IG Investigation – Client Promoted to O-6

Senior Officer (O-5) Commanding Officer was named subject in three complaints filed by a disgruntled former subordinate Department Head/Junior Officer concerning administrative orders request, IG Complaint and Article 1150 US Navy Regulations complaint of wrong, all related to alleged administrative misconduct by the Commanding Officer. Working very closely with assigned military defense counsel, we were ultimately able to achieve a favorable resolution of the issues/concerns and, despite an initial delay, the client was both promoted to O-6 and continued in career-enhancing assignments with no permanent adverse official military personnel file entries.

Category: Military Success Stories

No Punishment for Violations of Espionage Act

Navy Chief received and retained hundreds of documents related to Explosive Ordnance Disposal.  Many of these documents contained classified information.  During an NCIS search of his home, agents recovered disks and hard drives that contained classified information.  Our client was charged with various violations of the Espionage Act, and was facing 28 years of confinement, a punitive discharge, and reduction to E-1.  Through lengthy pretrial negotiations with his chain of command, we negotiated an extremely favorable pretrial agreement for our client, which included the WITHDRAWAL and DISMISSAL of charges, and significant sentence limitations.  At his court-martial, the military judge’s sentence consisted of a fine and restriction, both of which were disapproved by the Convening Authority pursuant to the pretrial agreement.  As a result, our client received NO PUNISHMENT at his court-martial.

Category: Military Success Stories

Sexual Assault Charges Dropped Against Army E-6

Our client was a Platoon Sergeant accused of sexually assaulting numerous junior female Soldiers within his Platoon, as well as kidnapping.  The fact that there were multiple female Soldiers independently making very similar allegations against our client created a very difficult and dangerous situation for our client.  Our client was facing a sex offender registration, confinement for life, and a dishonorable discharge.  Through lengthy negotiations with the chain of command, we were able to convince the Commanding General to WITHDRAW and DISMISS the most serious charges against our client, including the sexual assault and kidnapping charges.  Our client pleaded guilty only to assault and battery and having inappropriate relationships with female Soldiers in his Platoon.  Result: Our client will serve only 50 days of confinement, and will not have to register as a sex offender.

Category: Military Success Stories

No Misconduct Finding for Naval Officer

22 year Naval Officer was taken to a Board of Inquiry for allegations including fraud against the government (Art 132, UCMJ), failure to obey a general order or regulation (Art 92, UCMJ), conduct unbecoming an officer and a gentleman (Art 133, UCMJ), and numerous allegations of substandard duty performance.  At his Board of Inquiry, JAG Defense vigorously defended our client against all allegations by attacking the sufficiency of the investigation, impeaching the objectivity and motives of the Commodore who ordered the investigation and Board of Inquiry, presenting conclusive proof of our client’s innocence, and calling a virtual parade of fellow officers to testify to our client’s outstanding officership, integrity, and military character.  Result: The O-6 board members deliberated for only 5 minutes before returning a finding of NO MISCONDUCT on all charges, and RETAINED our client in the U.S. Navy.

Category: Military Success Stories