COURT MARTIAL CASE RESULTS:
ATTORNEY MICHAEL WADDINGTON

We list the locations and dates to show that our case results are real, recent and verifiable.

Note: These are real case results from cases that Mr. Waddington personally handled since mid 2006. However, all cases are different. A success in one case does not guarantee success in another similar case. We do not guarantee or promise a certain outcome, to do so violates the Rules of Professional Responsibility.  In addition, the results of the case often depend on the facts, whether the client follows our advice and the stage of the proceeding at which our services are retained.  The maximum possible punishment listed is the maximum punishment authorized by law under the UCMJ for these allegations. In some instances, the punishment will be limited by the level of court martial. Please call us with any questions or for clarification.

Date - Location - Rank

 Allegations/ Charges

Max Possible Punishment under UCMJ

Facts

Result

Discharge?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
June 2010 - U.S. v. Air Force E-3 - Cannon AFB, New Mexico Aggravated assault with the intent to inflict grievous bodily injury, aggravated assault with means likely to produce grievous bodily injury and disobeying an order to not bring the knife to work Over 10 years in prison, Dishonorable Discharge, total forfeitures, E-1, Federal felony conviction

Client stabbed a fellow airman on the flight line with a butterfly knife while launching an AC-130.  The knife punctured the arm and the right lung of the victim.  It also collapsed the lung.  Client's commander vowed to hang client out to dry and then ordered that no one speak with the accused for 7 months.  Client's NCO allegedly ordered the accused to not bring the illegal knife on the flight line.  In addition, client allegedly assaulted the victim on a prior occasion with the knife. We faced numerous hostile and well coached eyewitnesses, an alleged videotaped confession and many bloody photographs.  Mr. Waddington and Capt Bryan Warnock contested all charges in front of an officer jury.  

NOTE: The judge gave the client over 210 days of confinement credit because we proved that his command unlawfully and illegally punished him prior to trial.

Result: NOT GUILTY of the first aggravated assault, NOT GUILTY of disobeying an order, NOT GUILTY of aggravated assault with intent to inflict, GUILTY of a lesser charge of assault.

Sentence: NO DISCHARGE, 156 days in jail (210 of sentence credit - 156 sentence = 54 days of jail owed to client), E-1
BOTTOM LINE: The client walked out of jail a free man with no discharge.

 NONE
June 2010, U.S. v. Army E-5 - Baumholder (Smith Barracks), Germany Multiple aggravated assaults with a firearm and for intentionally inflicting grievous bodily harm and dereliction of duty Over 15 years in prison, Dishonorable Discharge, total forfeitures, E-1, Federal felony conviction Soldier charged with multiple aggravated assaults on Iraqi insurgents/detainees.  He allegedly stuck a gun in the mouths of 3 different Iraqi detainees and supposedly severely beat another in the back of an MRAP in Sadr City, Iraq causing grievous bodily harm.  The prosecution charged the client and quickly ordered an Article 32 to catch the defense off guard. The defense team quickly investigated the background of the accusers and prepared to battle at the Article 32. The defense aggressively fought the charges at the Article 32. We took our case directly to the Commanding General and explained via a written memo why the charges should be dropped.  The General refused to send the case to court martial. Result: ALL CHARGES DISMISSED NONE
May 2010 - U.S. v. Army O-3 - Torii Station, Okinawa, Japan 16 DIFFERENT SPECIFICATIONS: Rape, aggravated sexual assault, aggravated assault with a knife, assault, wrongfully wearing a Bronze Star, wrongfully wear a Master Parachutist Badge, false official statement, disobeying numerous direct orders, violating an Army General Regulation, wrongfully failing to provide medical care, conduct unbecoming an officer and gentlemen, failure to provide BAH, and numerous others. Life in prison, sex offender registration, Dismissal, total forfeitures, Federal felony conviction

Client was accused of 16 specifications, including rape, aggravated sexual assault, aggravated assault with a knife, making numerous death threats, wrongfully wearing a Bronze Star and Master Parachutist Badge he did not earn, disobeying a General order, conduct unbecoming, disobeying several commanding officers orders, false official statement and others.

To increase their chances of winning, the Army brought in a top Special Victim Prosecutor (SVP) specifically tasked with winning sex assault cases.  They also replaced the trial counsel with the Deputy SJA for Okinawa.  Mr. Waddington and co-counsel CPT Ernesto Gapasin fought the charges in front of an officer jury.

 NOT GUILTY OF ALL 16 CHARGES & SPECIFICATIONS NONE
May 2010 - U.S. v. Army E-6 - Fort Gordon, Georgia Forcible rape, adultery, fraternization and sexual assault Life in prison, sex offender registration, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction Client accused of forcible rape, fraternization and adultery.  CID determined offenses were "founded."  We entered the case before charges were filed.  We investigated the alleged "victim" and contacted the command and the prosecution to let them know we would fight the charges. We also presented evidence to the command that supported client's innocence. Command DECLINED TO PROSECUTE client and gave him a reprimand for adultery NONE
May 2010 - U.S. v. Army E-6 - Camp Zama, Japan Forcible rape, sexual assault and other related offenses Life in prison, sex offender registration, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction Client accused of raping a fellow soldier and sexually assaulting another soldier.  Strong DNA evidence and bruises supposedly supported the prosecution.  Mr. Waddington and CPT Ernesto Gapasin fought the Article 32 and the Government's star witnesses were impeached.  Despite the Article 32 recommendation in favor of the defense, the prosecution pressed forward with all charges and brought in a seasoned special prosecutor.  The defense demanded additional DNA tests for use at trial. Co-counsels CPT Tim Bilecki and CPT Ernesto Gapasin, tried the case in front of an enlisted panel with Mr. Waddington serving “of counsel.” NOT GUILTY of rape, guilty of wrongful sexual contact, acquitted of all remaining charges
Punishment: The military jury gave NO PUNISHMENT		 NONE
May 2010 - U.S. v. Army O-4 - Fort Knox, Kentucky Misappropriation of military property, false official statement, dereliction of duty, violation of an order, violation of a General Regulation Loss of aviator wings, UCMJ, Show Cause Board, loss of retirement, possible jail time Client was an Army jet pilot that was accused of misappropriating an Army plane for his personal use by flying it on four trips from Texas to Las Vegas and California.  Flight log records, AR 15-6 and sworn statements seemed to supported allegations.  We defended this case with  CPT Arthur Tsao.  Client was scheduled for a Flight Evaluation Board (FEB) which could be followed by possible UCMJ. We investigated the charges, uncovered evidence which proved client's innocence and convinced the commanding General to drop the FEB days before the scheduled board.  Client was allowed to resume flying.  Command issued a basic reprimand for giving the appearance of impropriety.  No UCMJ or board NONE
May 2010 - U.S. v. Marine E-6 - Undisclosed base in USA Bribery, graft, false official statement, larceny, fraud and dereliction of duty Over 30 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction Marine accused of taking tens of thousands of dollars in bribes and kickbacks from foreign nationals during the Wars in Iraq and Afghanistan in exchange for contracts.  We got involved early and were proactive in our defense.  The JAGs threatened client with years in jail if we did not agree to a "deal." The client claimed his innocence and refused their "deals." After 2 years of investigations and intimidation tactics, the military eventually dropped the case NONE
April 2010 - U.S. v. Army E-6 - Fort McPherson, Georgia Multiple specifications of larceny of military property and wrongfully dispossessing military property Over 50 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction Client accused of stealing military equipment worth over $200,000, to include secret thermal imaging devices used on military drones and weapons systems, body armor, advanced combat helmets and computer equipment.  Client then sold and shipped the thermal imaging devices to sources in China, Japan and Italy before the FBI raided his apartment in Atlanta.  The FBI was investigating client for international trafficking of secret weapons technology.  Client confessed to FBI and CID and made a videotaped and written confession.  Mr. Waddington defended the case with CPT Michael Tregle and CPT Krista Carpenter.  Initially, the Government wanted 5 years in prison. Not guilty on 3 charges of stealing military property.  Plead guilty to 3 allegations of wrongfully dispossessing military property.
Sentence: 15 months in jail, forfeitures, E-1, BCD		 BCD
April 2010 - U.S. v. Army E-5 - Fort Rucker, Alabama Numerous specifications of larceny of government property, false official statement and fraud Over 95 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction Client stole over $160,000 in BAH and Overseas Housing Allowance (OHA).  She was divorced but claimed that she was married for over 10 years.  Client signed full confession and faced a maximum of 90 years in prison and a Felony conviction.  Mr. Waddington defended case with CPT Sheila Burns. Charged at a General Court Martial (GCM).  We negotiated the case down to a misdemeanor level (Special Court Martial) and a low sentence cap.
Sentence: 4 months in jail, NO forfeitures, E-1, BCD		 BCD
April 2010 - U.S. v. Navy E-7 – Pacific Region (specific base undisclosed) Multiple specifications of larceny of government property and fraud in order to steal tens of thousands of dollars from the government Over 50 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction Retirement eligible client accused of stealing over $80,000 in BAH and OHA while claiming a location that his family did not live.  Client faced over 30 years in prison and loss of retirement of over $900,000.  We got involved immediately after the investigation was started and before charges were filed.  Client was pressured to "take a court martial deal" even though charges were not yet preferred. We refused to back down and would not accept any "deal."  The command eventually gave client NJP with minimal punishment.  He was eventually promoted and transferred to another base. NONE
March 2010 - U.S. v. Army E-6 - Fort Lewis, Washington Multiple specifications of larceny of government property and fraud in order to steal tens of thousands of dollars from the government Over 45 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction Client charged with stealing over $100,000 in BAH and other allowances by using fraud and false statements.  He refused to plead guilty.  The command wanted 2 or more years in a PTA. Defended case with CPT Arthur Tsao. Client refused and at the same time requested a Chapter 10 administrative discharge, which was approved.  Avoided a Felony conviction, fines and jail time OTH
February 2010 - Pope AFB, NC - E-3 Multiple sexual assaults, sexual harassment, Aggravated assault with a deadly weapon (knife), disobeying a no-contact order (40+ times), disorderly conduct, underage during, indecent conduct/exposure and numerous other allegations. 50+ years in prison, sex offender registration, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction Client was accused of 3 different sets of misconduct. 1) He was accused of sexually assaulting a coworkers wife, indecent acts and pulling a knife on the husband. 2) He was accused of aggravated assault with a deadly weapon for allegedly attacking his wife with a knife and choking her. He then violated a restraining order dozens of times. 3) He was also accused of sexually harassing multiple female coworkers and assaulting one by slapping her behind. Defended case with ADC Maj Jed Dorman at the Article 32 and at a contested jury trial.
 No Felony conviction, dropped aggravated assault, NOT GUILTY of assaulting coworker and his wife and indecent acts, No sex offender registration. Convicted of some other allegations.
Sentence: TIME SERVED (about 4 months), NO DISCHARGE, reduction, hard labor, forfeitures. (Commander, who testified against client, was not happy that this airman went back to the unit).		 NONE
February 2010 - Fort Gordon, GA - O-5 Multiple specifications of larceny of government property and fraud in order to steal tens of thousands of dollars from the government Over 50 years in prison, Dismissal, total forfeiture, Federal felony conviction, loss of retirement benefits Client with over 20 years accused of forging rental agreements, submitting dozens of false travel vouchers and stealing tens of thousands of dollars in Government money. Defended case along with CPT Emeka Nwofili. Client originally faced over 70 years in prison. Not guilty on 4 allegations. Guilty of 2 allegations. Sentence: 30 days in jail, a reprimand, forfeitures, a fine and NO DISCHARGE. Client will retire in March 2010. NONE
February 2010 - Hanscom AFB, MA - E-4 Rape and a variety of other good order and discipline offense Life in prison, sex offender registration, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction (This case is a continuation of the August 2009 case below). Client was accused of rape, sex assault, adultery, and other crimes. The Government dropped charges on the eve of trial, gave client an Article 15 and then tried to separate client with an Other than Honorable at a board, assuming it would be easy after the Article 15 conviction. Mr. Waddington fought this case without a military lawyer in front of a board of 5 officers and 2 enlisted airmen. Client's Commander, a LTC, testified that he wanted the client discharged with a negative discharge and did not want him in the unit. Of course, we fought back.
 The board RETAINED the airmen on Active Duty. NO DISCHARGE. NONE
January 2010 - Undisclosed training base - E-7 Aggravated sexual assault. other sex crimes and fraternization 40+ years in prison, Dishonorable Discharge, Sex offender registration, total forfeiture, reduction to E-1, Federal felony conviction Married client accused of aggravated sexual assault and various other sex offenses against a trainee. DNA evidence implicated client. Successfully fought the charges at the Article 32. Government went against the Article 32 recommendation. Mr. Waddington and CPT Emeka Nwofili prepared for a jury trial and discovered impeachment evidence on the key witnesses. Two days before the scheduled trial, the prosecution dropped all charges. ALL CHARGES DISMISSED BY THE GENERAL. NONE
January 2010 - San Diego Navy Base, California - E-6 Multiple specifications of larceny of Gov't property, conspricacy to steal, fraud, adultery, and numerous other charges. Over 60 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction Client charged with stealing and conspiracy to steal over $500,000 in drill pay.  Client signed 2 long confessions admitting to being part of a wide-ranging plot at his Las Vegas Reserve unit.  Navy initially demanded 7 years of confinement. Defended case with LT Becky Oldfield-Frey. We fought the article 32 and demanded a jury trial.  In the end the Government agreed to a much more reasonable deal.
Punishment: 14 months of confinement 		BCD
November 2010 - Shaw Air Force Base, SC - E-3 Possession and distribution of C.Porn, possession narcotics with the intent to distribute, hit and run Over 25 years in prison, Dishonorable Discharge, Sex offender registration, total forfeiture, reduction to E-1, Federal felony conviction Client convicted of drug trafficking in GA civilian court. Client was also accused of possessing and distributing CP on his computer. We avoided a court martial on the drug and CP charges. The Air Force tried to discharge the client with an Other Than Honorable Discharge. Air Force defense lawyer told the client to waive the board with an OTH because "he had no chance of winning anything better than an Other than honorable." Client released the ADC. Mr. Waddington then fought the case in front of an officer board. Client received a General Under Honorable Conditions Discharge. Maintained most benefits. General Under Honorable Conditions
October 2009 - Yongsan Army Base, Korea E-5 Soldier charged at a General Court Martial with 2 charges of Felony Aggravated Assault with Means Likely to Produce Death or Grievous Bodily Injury for allegedly beating 2 soldiers with an unopened beer bottle and False Official Statement. The two "victims" were severely injured and one was stabbed during the fight.

11 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction

 Our client made numerous statements to CID and there was a video of the fight. Mr. Waddington and CPT Duane Kees pressed for a contested jury trial. A few days before the trial date, the Government agreed to drop the General Court Martial, drop the felony aggravated assault charges to misdemeanor assault charges, drop the false official statement, limit client's jail time to 30 days, agree to no discharge, and limit his reduction to 2 pay grades. Result : 30 days in jail, NO DISCHARGE, reduction to E-3, $300 per month for 3 months. No Felony conviction. Client will return to unit by the end of Oct 2009. NONE
August 2009 - Hanscomb Air Force Base, Massachusetts - E-6 Aggravated sexual assault (2 charges), rape, adultery, false official statement, and violation of a general regulation Life in prison, Dishonorable Discharge, sex offender registry, total forfeiture, reduction to E-1, Federal felony conviction At a General Court Martial, client was accused of rape, multiple sexual assaults, adultery, violation of a general order and other offenses. Mr. Waddington and co-counsel, Captain Wes Miller, aggressively prepared their case for trial. Client maintained his innocence throughout the case. On August 21, 2009, 3 days before the jury trial was scheduled to being, the General dismissed all charges. NO DISCHARGE, NO CONVICTION, NO JAIL TIME. ALL CHARGES DISMISSED ON 21 AUGUST 2009 (3 days before the trail was scheduled to begin) NONE
August 2009 - Sasebo Navy Base, Japan - E-4 Rape,forcible sodomy, sexual assault, and various other charges Life in prison, Dishonorable discharge, Sex offender registry, Total forfeiture, reduction to E-1, Felony conviction Sailor allegedly raped and sexually assaulted a supposedly drunken female sailor. In addition, sailor was accused of numerous good order and discipline charges. The charge sheet was several pages long. We contested the charges at an Article 32 along with co-counsel, LT James Toohey. ALL CHARGES DISMISSED AFTER ARTICLE 32 NONE
July 2009 - Tripler Army Medical Center, Hawaii - E-6 Rape, sexual assault, false official statement Life in prison, Sex offender registry, Dishonorable discharge, Reduction to E-1, Total forfeiture, Felony conviction Soldier was falsely accused of raping a co-worker (a vindictive ex-girlfriend). CID tried to dig up evidence to support the story of the supposed victim and tried to manipulate the investigation to build their case. CID only took sworn statements from witnesses that helped their case and turned away key witnesses that proved the innocence of the client. We were retained before charges were filed. NO CHARGES FILED. Soldier received a LOR, which is being contested NONE
June 2009 - Yongsan Army Base, Korea - E-8(P) Rape, fraternization, adultery Life in prison, Dishonorable discharge, Total Forfeiture, Sex offender registry, Felony conviction

Client accused of raping an E-3 soldier in his company, adultery, and fraternization. CID & prosecutors claimed that his DNA & semen were found on the alleged victim. Numerous witnesses claimed to see client running from the girl's room late at night. Client proclaimed his innocence and refused to take plea deal. Prosecution dropped the rape charge two weeks before trial but proceeded to trial on remaining charges and brought a forensic DNA expert from the USA. Mr. Waddington & military lawyer CPT Adam Jonasz contested the charges in front of an enlisted jury.

 ACQUITTED OF ALL CHARGES
 NONE
May 2009 - Camp Humphreys /K-16, Korea E-6
 2 charges of raping 2 different women, one in Alabama and one in Korea, kidnapping and false official statement for allegedly lying on numerous reenlistment contracts about prior arrests Life in prison, Dishonorable discharge, Total Forfeiture, Sex offender registry, Felony conviction Prosecutor played hard ball and tried to stack the deck against our client. He denied ALL defense witnesses but one and dug up former sexual partners of the accused dating back to high school to prove that client was a "serial rapist" and "violent sexual predator." The prosecutor refused to give the defense a verbatim transcript so that we could not impeach his witnesses at trial. He then brought numerous prosecution witnesses, an investigator, a Forensic Rape Expert and a Forensic Psychologist from the USA and numerous JAG prosecutors from around Korea to assist at trial in an effort to convict the accused. Mr. Waddington & military lawyer CPT Sean Rogers fought back and contested all charges in front of an enlisted jury. ACQUITTED OF ALL CHARGES after about 60 minutes of jury deliberations.
 NONE
May 2009 - Fort Rucker, Alabama - CW3 3 Article 120 charges of wrongful sexual contact / assault, conduct unbecoming an officer and gentleman 4 years in prison, Sex offender registry, Felony conviction , Dismissal from the military, Total Forfeiture Aviator client with 17 years Active Duty accused of violently sexually assaulting a supposedly drunk and sleeping woman on three separate occasions and one charge of conduct unbecoming an officer. Client signed an alleged "confession." Mr. Waddington & military lawyer MAJ Toby Curto contested all charges at a General Court Martial in front of an officer jury. ACQUITTED OF ALL SEX CHARGES, Convicted of conduct unbecoming
Sentence: Reprimand, 2 months restriction to post, NO JAIL TIME, NO DISCHARGE, NO FORFEITURES		 NONE
May 2009 - McGuire Air Force Base, New Jersey - O-5 with 23 years Adulterous affair with the wife of an enlisted member, sex in a public place with the same woman, conduct unbecoming, violation of a no contact order Discharge at Show Cause Board Air Force attempted to separate client and give him an Other Than Honorable Discharge. Contested case in front of an officer board. Allowed to retire with an Honorable Discharge

Retirement with Honorable Discharge
April 2009 - Buckley Air Force Base, Colorado - O-5 with 20 years Attempted larceny of over $70,000, false official statement, fraud, filing a false claim, multiple lengthy AWOLs Over 35 years in prison, Dismissal, Total Forfeitures, Felony conviction , loss of over $2 million in retirement Client was court martialed for allegedly trying to steal over $70,000 by filing a false claim for damaged household goods. He was allegedly paid for the same items in a previous move. This was the largest claim in Air Force history. Also accused of numerous AWOLs and false official statement. Fought the charges at an Article 32 & convinced investigating officer to recommend dismissal. Command withdrew all charges. ALL CHARGES DISMISSED AFTER ARTICLE 32, client received a letter of reprimand & decided to retire with an honorable discharge. Saved retirement. NONE, Client Retired with an Honorable Discharge
March 2009 - Tripler Army Medical Center, Hawaii - E-8 2 charges of sexual harassment, 2 charges of hazing & abusing subordinates, multiple lengthy FTRs over an 18 month period, wearing an unauthorized Combat Action Badge (CAB) in order to get promoted Over 20 years in prison, dishonorable discharge, Total Forfeitures, Felony conviction Client accused of hazing & abusing 2 soldiers, sexually harassing 2 female soldiers, getting promoted while wearing an unauthorized CAB, multiple failures to report for duty. Contested all charges at court martial. ACQUITTED of 5 out of 6 charges. Convicted of one charge of hazing. Sentenced to forfeit 1/3 of one month's pay. Judge recommended that pay be suspended for 3 months & if client stays out of trouble the forfeiture will not kick in. NONE
March 2009 - Hickam Air Force Base, Hawaii - E-5 Larceny of Government Property over $500, conspiracy to steal over $18,000, dereliction of duty 23 years in prison, dishonorable discharge, Total Forfeitures, Felony conviction Client accused of stealing over $18,000 in electronics and tools using a Government IMPAC card. Accused of covering up theft of two subordinates Trial date set for 17 March 2009. After carefully reviewing thousands of documents. We took a risk & presented our defense to the prosecutor and SJA. Based on the what we presented, they realized many documents were forged (by someone other than our client) and they dismissed all charges days before the court martial. All charges dismissed on 15 March 2009. NONE
March 2009 - Iwakuni Air Base, Japan - E-6 Rape, aggravated sexual assault, adultery, fraternization, violation of an order

Life in prison, Dishonorable discharge, Total Forfeiture, Sex offender registry, Felony conviction

Client accused of raping & then stalking a drunken lower enlisted Marine.  Other additional charges. She had her friends backing up her allegations.  We fought the case at an Article 32 & a dismissal was recommended.  The General refused to dismiss & added an additional Rape charge.  We investigated alleged victim via MySpace and Facebook & discovered evidence to help client.  Went to second Article 32 & exposed victim as a liar.  2nd Article 32 officer recommended dismissal of all sex charges. Aggravated sexual assault charges dismissed.  Rape charge dismissed.  Client submitted a SILT (separation in lieu of trial for adultery & fraternization) & left the service without a Federal conviction & having to register as a sex offender .

OTH

March 2009 - Vilseck, Germany / Baghdad, Iraq - E-7 4 Charges of premeditated execution style murder, conspiracy to commit 4 premeditated murders, obstruction of justice Death / Life without the possibility of parole, Total Forfeiture, dishonorable Discharge Client and two fellow NCOs executed 4 blindfolded and handcuffed Iraqi prisoners and dumped their bodies into a Baghdad canal. The Iraqi were confirmed Shiite snipers that had murdered several American infantrymen and Sunni civilians. Unfortunately, our Client signed written confession before seeking a lawyer. There were 10 other eyewitnesses to the crime. The 3 defendants were set for trial. The first was convicted by a jury and sentenced to life in prison. The other co-defendant was also convicted and sentenced to life in prison. Army defense lawyer, MAJ Peter Kageleiry, was Mr. Waddington's co-counsel. Our client chose to plead guilty for a 35 year sentence maximum. He is eligible for parole in 10 years. The other 2 co-defendants will not be parole eligible until after they serve 20 years in prison. We are seeking clemency and an appeal to reduce the sentence further. Sentence reduced by 15 years (to 20) in clemency in June 2009. Client will be parole eligible in 6.5 years. DD (Upgraded to a BCD in June 2009)
Feb 2009 - Fort Bliss, Texas - E-8 P Forcible sodomy, fraternization, false official statement

Life in prison, Dismissal, Total Forfeiture, Sex offender registry, Felony conviction

  Male client accused of raping & sodomizing a lower enlisted male soldier. Charge sheet was scheduled to be read to client when we were hired. We interviewed the alleged victim and presented evidence to command that exposed the holes in the Gov’t case. Command held off on filing charges for 6 months & finally agreed to drop charges so long as client retired. Client retired with an honorable discharge & received a letter of reprimand.

Honorable Retirement

Feb 2009 - Aiken, South Carolina - Civilian Trafficking 22 pounds of marijuana 10 years in prison, Felony conviction Client arrested and caught on police camera in Dec 2007 with a 22 pound bundle of marijuana in the trunk of his car. Prosecution dropped charges / Nol pross - N jail time, no conviction N/A
Jan 2009 - Fort Bliss, Texas - O-2 Fraternization, violation of an order, conduct unbecoming and officer

15 years in prison, DD, Total Forfeiture, Sex offender registry, Felony conviction

Officer client under investigation for engaging in romantic affair with an NCO in her unit.  The relationship allegedly disrupted good order and discipline in the unit.  JAG & commander intended to charge client and make an example out of her.  We got involved & tried to resolve the case without a court martial or NJP. Declined to prosecute.  Client allowed to PCS without repercussions

NONE

Jan 2009 - Fort Benning, Georgia - O-4 Adultery, conduct unbecoming, fraternization, impeding an investigation

10 years in prison, Dismissal, Total Forfeiture, Felony conviction

Client accused of having an adulterous affair with the wife of an enlisted soldier, they allegedly started dating while the woman was under client’s  command.  We were hired to avoid a court martial, NJP & to save his career.  We contacted investigators & JAGs to put forth our side of the story before charges were filed. Letter of Reprimand, no court martial charges filed, No NJP or Article 15

NONE

Dec 2008 - Hurlburt Field, FL - E-2 Indecent acts, burglary with the intent to commit a sex assault

15 years in prison, DD, Total Forfeiture, Sex offender registry, Felony conviction

Client made a detailed written & oral confession admitting to the crimes. Charged with breaking into the dorm room of a female airman that he did not know and sexually assaulting her as she slept. She woke up and caught him in the act. Best plea deal offered was 3 years in jail & a punitive discharge. We fought the case in front of an officer jury.

Sentence: 8 months and NO DISCHARGE

NONE

Dec 2008 - Norfolk, Virginia O-2 Rape, conspiracy, indecent acts, fraternization, adultery, conduct unbecoming an officer

Life in prison, Dismissal, Total Forfeiture, Sex offender registry, Felony conviction

Navy officer accused of gang-raping an enlisted sailor in a bar bathroom.  We were hired immediate after the allegations were made but before charges were filed and fought for client, making it clear that he would plead Not Guilty and make them prove the case. Declined to prosecute

NONE

Dec 2008 - Yongsan, Korea - CW3 Aggravated sexual assault, false official statement

35 years, Dismissal, Total Forfeiture, Sex offender registry, Felony conviction

Officer’s wife accused Chief Warrant Officer with 22 years of sexually assaulting her.  We were hired before charges were filed.  Presented prosecution with character evidence on alleged victim and her husband.  Made it known that we intended to fight the case to the end. Declined to prosecute

NONE

Nov 2008 - Yokota AFB, Japan - E-6 Larceny of $9,075 from AF bank vault, wrongful appropriation of over $5,000

10.5 years, DD, Total Forfeit, E-1

Client with 18 years of service accused of stealing $9,075 and taking and gambling thousands of additional dollars from the Air Force cash vault that he managed.  This was the largest loss of bank vault funds in AF history. Signed confession and made verbal admission of guilt to investigators. Prosecution team of 3 lawyers played hardball and flew in senior trial lawyer from Los Angeles when client rejected plea bargain. Contested charges in front of an enlisted panel. Prosecution asked for the maximum during sentencing proceedings. 
   ACQUITTED of felony larceny, guilty of misdemeanor wrongful appropriation, Reduction to E-4, 60 days in jail, 60 days hard labor without confinement

NONE

Oct 2008 - Fort Riley, Kansas - E-4 Rape, adultery, indecent acts, false official statement Life in prison, DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY

Client signed alleged "confession" when interrogated by CID. We were hired before charges were preferred and immediately went to work to investigate and resolve the case. Commander told us his hands were tied by the "confession" and he had to prefer rape charges. Article 15 for Adultery. Dropped Rape charge.

NONE

Sep 2008 - Seymour Johnson AFB, NC & Kirkuk, Iraq - E-5 2 charges of felony aggravated sexual assault, violation of an order, sexual assault, sexual harassment

41 years in prison, DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction

Over a dozen witnesses. SJA office calculated case was worth 25 years and a Dishonorable Discharge. They played hardball. Air Force sent "top gun" prosecutor from DC to try the case. We fought the charges in front of an enlisted jury.

ACQUITTED of all sex charges. Convicted of misdemeanor harassment, 60 days confinement, RETAINED ON ACTIVE DUTY, Reduction, 2 months forfeiture, Reprimand.  In Clemency the conviction & sentence were overturned.  Client was given an Article 15 (NJP) & time served.  He now has a clean record.

NONE

Aug 2008 - Germany - O-5 Dereliction of duty, false official statement, adultery, violation of a regulation, disobeying an order, obstructing justice

35 years in prison, Dismissal, felony conviction

Client with 19 years (medical field) accused of serious criminal and ethical violations recommended for court martial. O-6 conducted 6-month investigation and recommended taking action against our client.  We investigated the case and presented favorable evidence to command and made it clear that we would fight the charges.

CASE CLOSED, NO ACTION TAKEN

NONE

Aug 2008 - Hickam Air Force Base, Hawaii - E-5 Violation of a general order, conspiracy, false official statement, impeding an investigation.

15 years in prison, DD, E-1, felony conviction

Client accused of conspiracy to traffic and trafficking massive quantities of alcohol into Middle East AOR.

A trial date was set, Charges dismissed after we got involved.

Client allowed to finish tour with an Honorable Discharge

July 2008 - Kuwait & Fort McPherson, GA - O-6 Multiple charges of conspiracy, false official statement, conduct unbecoming an officer, forgery

40 years, Dismissal, Felony conviction, loss of $1.6 million in retirement

High profile case where Colonel with 26 years was accused of faking paternity test results in an alleged effort to avoid paying child support. Facing charges of conspiracy, fraud, forgery, larceny, and conduct unbecoming.

Avoided court martial & Show Cause Board.  Negotiated Client retired with an Honorable.

Client Retired with an Honorable discharge

July 2008 - Camp Humphreys, Korea - O-3 Aggravated sexual assault on multiple victims, fraternization, impeding an investigation, false official statement

80 years in prison, Dismissal, sex offender registry

Over 8 victim/ witnesses testified of various sexual assaults and abuses that took place over a 14-year period.  We negotiated the dismissal of all charges so long as client left the Army.  Client refused and went to trial.  Acquitted of half of the sex charges, convicted of others and of lying to investigators.

Judge sentenced client to 14 months in prison and a dismissal

Dismissal

June 2008 - U.S. Naval Academy / Annapolis - Midshipman 3rd year Rape, burglary, violation of an order, drunk and disorderly and other offenses

Life in prison, dismissal, Sex offender registry, Felony conviction

Superintendent drops all charges against midshipman despite pressure to prosecute and against the recommendation of the JAG prosecutors. We fought the charges at Article 32, despite being told that we had no chance of winning in current political climate.

All charges dismissed at Article 32.  Client will graduate and be commissioned in May 2009

NONE

May 2008 - Camp Foster, Okinawa, Japan - E-6 Child molestation, forcible sodomy on a minor, possession of child porn, indecent acts with a minor

Life in prison, DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction

Marine charged with statutory rape, possession of child porn, indecent acts, and sodomy. DNA (semen), fiber, and trace evidence found on alleged victims pants and bra. 3 top expert witnesses flew to Japan to testify against client. Judge denied all of our requests for experts so we had no experts.  We contested the charges in front of a Marine jury and attacked the sloppy NCIS investigation and inconclusive lab tests.

Not Guilty, Full Acquittal

NONE

April 2008 - Camp Humphreys, Korea - E-4  

30 years in prison, DD, Total forfeiture, E-1, Sex Offender Registry, Felony conviction

Soldier charged with aggravated sexual assault/rape of another soldier. Strong DNA evidence.  Prosecution used top DNA expert from the US.  We fought the case in front of an enlisted jury at a court martial.

Not Guilty in 30 minutes

NONE

April 2008 - Camp Casey, Korea - E-3 Rape, aggravated sexual assault, forcible sodomy, and other offenses.

80 years in prison, DD, Total forfeiture, E-1, Sex Offender Registry, Felony conviction

Soldier charged with numerous specifications of aggravated sexual assault, rape, forcible sodomy, and others. Faced over 80 years in prison. Signed two detailed confessions. We conducted a thorough investigation up front and negotiated an alternate resolution with prosecution. All charges dismissed 5 days before Article 32 under Chapter 10, no conviction

Discharge in lieu of court martial/ OTH

Feb 2008 - Schofield Barracks, Hawaii & FOB Warrior, Iraq - E-4 Premeditated murder

Death/Life without parole, DD, total forfeiture, felony conviction, E-1

Client allegedly shot a wounded detainee twice in the head at a distance of 4 feet.  Client admitted to witnesses and in sworn statement to shooting at detainee.

Fought charge at Article 32 & had charge reduced to 3rd degree murder (up to life in prison). Client rejected all plea deals & requested trial by an enlisted jury. ACQUITTED OF MURDER, convicted of aggravated assault. Retained on Active Duty, 120 days in jail, reduced 2 grades, reprimand, no forfeitures (soldier paid while in jail).  Sentence reduced to 64 days and rank restored.  Client was promoted to E-5.    

NONE

Feb 2008 - Camp Red Cloud, Korea - E-7 Larceny of over $150,000, forgery, false official statement

65 years in prison, DD, Total forfeiture, felony conviction, E-1, restitution, $150,000 fine

18 year vet accused of stealing over $150,000 in BAH, OHA, FHA, & FSA. Successfully contested charges at Article 32.

All, court martial charges dismissed.  Soldier will retire. Allowed to pay back much lower amount in dispute. Saved retirement. NONE

Jan 2008 - Yongsan, Korea - O-3 Multiple counts of child molestation, aggravated assault, assault & battery, and other offenses.

80 in prison, dismissal, Total forfeiture, E-1, Sex Offender Registry, Felony conviction, Loss of $1.2 million retirement

20 year vet court martialed for allegedly punching his 2 children with a closed fist, choking, and 3 charges of indecent acts on his minor daughter (8 charges total). Contested charges in front of an officer jury. Prosecution rejected a 3-year plea deal. Contested charges in front of an officer jury.  ACQUITTED OF AL SEX CHARGES & BEATING CHARGES.  Convicted of 2 misdemeanor battery charges.  100 days in jail, NO DISCHARGE, reprimand

NONE

Jan 2008 - Camp Humphreys, Korea - E-3 Trafficking 55 pounds of marijuana (enough to make 50,000 joints), drug use, and attempted distribution.

47 years, DD, Total forfeiture, E-1, Felony conviction

CID targeted major drug trafficking ring at Camp Humphreys. Client sold to undercover CID agents, arrested during a drug deal, & signed a detailed confession.  Negotiated extremely favorable plea deal that reduced drug amount.

Client received 13 months in jail, E-1, & a BCD from a judge

BCD

Dec 2007 - Jacksonville NAS, Florida - E-8 Multiple charges of disrespecting commanders and false official statement.

12 years, DD, Total forfeiture, E-1, Felony conviction, loss of $1 million retirement

Retirement eligible master chief charged with disrespecting commanding officers & false official statement. Command intended to take retirement. Negotiated withdrawal of court martial charges and NJP on the condition that client could retire.

Client Honorably retired at the end of Dec 2007.

NONE

Nov 2007 - Fort Gordon, GA - E-3 Larceny of $39,000, forgery, false official statement, conspiracy, insurance fraud

20 years, DD, Total forfeiture, E-1, Felony conviction

Soldier accused of running an international vehicle theft ring, making expensive sports cars "disappear" and filing theft reports and insurance claims. FBI and CID conducted a nationwide investigation. Started at Felony General Court Martial. Best offer was 24 months, then 18 months and a felony conviction. Fought charges at Article 32 had charges reduced to misdemeanor. Soldier confessed and FBI recorded 14 hours of his incriminating statements. Soldier had several past Field Grade Article 15s.

Plead guilty in front of judge to misdemeanor charges.  Beat best plea deal by 9 months, avoided felony conviction

BCD

Oct 2007 - Yongsan Army Base, Korea - E-7 10 charges of larceny of Gov’t funds, forgery, TDY fraud to New York City & DC x 4, larceny of travel funds for trips to NYC & DC x 4, conspiracy to steal Gov't funds, lying on reenlistment documents to cover up past arrests and probation

70 years, DD, Total forfeiture, E-1, Felony conviction, loss of $900,000 retirement

Senior NCOIC with 18 years for 4 star GEN B.B. Bell and GEN LaPorte charged with 10 charges. Senior commanders wanted to "make example" out of soldier.  Fought all charges at jury trial. A General, 3 Colonels, and 2 CW4's testified against client.

NOT GUILTY OF ALL CHARGES. FULL ACQUITTAL


NONE

Oct 2007 - Yongsan, Korea - E-6 8 charges: promotion fraud, conspiracy to steal over $5,000, larceny, submitting forged college transcripts, ASVAB scores, and awards, and lying to CID and commander

40 years, DD, Total forfeiture, E-1, Felony conviction

We fought charges in front of an enlisted jury. Acquitted of lying to CID and award fraud. Convicted of promotion fraud and theft.  Client had confessed to commander and then changed her story.

Sentence: NO JAIL TIME, RETAINED ON ACTIVE DUTY, 45 days restriction, reduction to E-3, a fine, and 1 month forfeitures NONE

Sep 2007 - Camp Casey, South Korea - WO1 Rape, forcible sodomy, adultery, fraternization, indecent acts, indecent language, violation of an order, conduct unbecoming

Life in prison, Dismissal, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction

19-year-old female E-2 accused her married warrant officer of getting her drunk and then raping and sodomizing her. We got involved before charges were filed and investigated the facts and the alleged victim. SJA recommended rape and sodomy charges. We successfully advocated against rape and forcible sodomy charges. At court martial, client faced 7 charges including sodomy, indecent acts, indecent language, adultery, fraternization, violation of an order, and conduct unbecoming. Maximum punishment was over 20 years. Plead to some charges.

Sentence: Dismissal, NO JAIL TIME, No forfeitures, Allowed to take voluntary excess leave and will remain in Army until appeal is final. 
  

Dismissal

Aug 2007 - Fort Gordon, GA - E-7 Multiple counts of indecent acts, fraternization, violation of Army regs, unlawful relationship with trainees

1 year, BCD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction (originally faced 18 years)

Senior drill sergeant, E-7 with 19 years, accused of having an anal orgy with trainees at his home while his kids were upstairs, having repeated sex with a trainee in the barracks, and making and receiving over 2,600 personal phone calls and text messages to and from trainees. One trainee was allegedly pregnant by client.  Pled guilty to one charge of having a personal relationship. Fought all 4 remaining charges in front of a jury.

Acquitted of all contested charges. Sentenced to a reprimand, forfeiture, 45 days hard labor, reduction 2 grades, NO JAIL, NO DISCHARGE  and will retire. NONE

Aug 2007 - Fort Lee, VA & Fallujah, Iraq - E-7 Aggravated assault with a deadly weapon, beating detainee with a ball bat, detainee abuse, false official statement, conspiracy to impede an investigation,

47 year, DD, Total forfeiture, E-1, Loss of $900,000 retirement, Felony conviction

High profile case involving client with 19 years, that was an 82nd Airborne Cook accused of smashing an Iraqi detainee's skull with a baseball bat, severely beating another detainee with a bat, kicking a detainee, forcing a subordinate to beat a detainee with a bat, false official statement x 2, and covering up the alleged crimes. The media and Human Rights Watch dubbed client the leader of the "The Murderous Maniacs" and "Skull Crusher." Client made 3 alleged "confessions" to CID.

Fought charges at jury trial. Skull fracture charge was dismissed. ACQUITTED of cover up, encouraging assault, assault by kicking, and aggravated assault with bat. Convicted of misdemeanor battery and lying to CID. Sentence: REPRIMAND, NO JAIL, NO DISCHARGE, No fine, No reduction and will retire  

NONE

Aug 2007 - Naval District of Washington, DC - E-6 Indecent acts, indecent liberties, soliciting a minor through the internet and phone, and conduct unbecoming.

25 years, DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction

Sailor accused of indecent acts/indecent liberties, soliciting a minor through the internet and phone, and conduct unbecoming.

We were retained and started representation at the beginning of the investigation. NCIS closed cased shortly after we got involved. JAG declined prosecution. 


NONE

Aug 2007 - Seymour Johnson Air Force Base, NC - E-3 Child molestation, possession of child pornography, indecent acts with a child, indecent exposure to a child

30 years, DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction

Client faced numerous registerable and extremely heinous sexual offenses against a minor and several decades in prison.

Negotiated extremely favorable sentence and the dismissal of two of four major charges. 
  

BCD

July 2007 - Tinker Air Force Base, OK - E-4 Statutory rape of a 14 year old, indecent acts with a minor, providing intoxicating drinks to a minor

27 years, DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction

23-year-old sailor accused of giving alcohol to a 14-year-old female and committing carnal knowledge (statutory rape), and indecent acts/liberties upon her body. Strong DNA evidence.

Fought case at Article 32 and had carnal knowledge charge dismissed. Fought remaining charges at a jury trial. Result: ACQUITTED OF ALL SEX CHARGES, NO JAIL, NO DISCHARGE Convicted of 1 misdemeanor charge of giving alcohol to a minor, reduced one grade, 45 days restriction, and a fine. 
  

NONE

June 2007 - U.S. Military Academy, West Point, NY - Cadet Multiple counts of cocaine use

5 years, dismissal, Total forfeiture, Felony conviction

Client charged at a General Court Martial. 5 other cadets charged as part of "West Point Cocaine Ring." After months of negotiations,

Our client was allowed to finish the year at the Academy.  After months of negotiations, Academy and resign his commission with a General Under Honorable Conditions Discharge. Co-defendant sentences ranged from a Felony conviction, dismissal, and 18 months in prison to an Other than Honorable Discharge

Resigned commission with a General Under Honorable Conditions Discharge

June 2007 - Fort Gordon, GA - E-7(P)  

Life in prison, DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction

Soldier with 18 years accused of rape and indecent acts with a minor. We were hired before charges were filed.  We conducted a thorough investigation into the background of the alleged victim.

After 12 months of negotiations. The command decided to prosecute, soldier had flag lifted, was promoted, and allowed to PCS. 
 NONE

June 2007 - Fort Drum, NY - E-3 Multiple child pornography possession charges

20 years in prison, DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction

We fought child pornography charges at a jury trial. Despite 2 confessions, soldier acquitted on numerous images, convicted on possessing extremely offensive videos.

At trial, the Government asked for 8 years in prison. Jury sentenced soldier to 18 months, 6 months less than plea deal offered by Government

BCD

Apr 2007 - Goodfellow Air Force Base, Texas - E-6 Multiple counts of larceny of Gov’t property, wrongful appropriation of Gov’t property

35 years in prison, DD, Total forfeiture, E-1, Felony conviction

Numerous General court martial charges of larceny and wrongfully appropriation of over $25,000 worth of sensitive military equipment including night vision goggles, body armor, and other sensitive items.  Airman made a confession and sensitive items were recovered from a search and seizure of the airmen's home

Client refused all plea deals.  All charges dismissed a week before the Article 32. 


Chapter 4, OTH

Feb 2007 - Andrews Air Force Base, Maryland - E-6(P) Conspiracy to steal $25,000, disrespect to an officer, fraud, violation of a General regulation

1 year in prison, BCD, Total forfeiture, E-1, Felony conviction

Client accused of stealing $25,000 from a mortgage company and telling Commander “this is bullshit” after she was read an Article 15.  This is the second time we defended this client successfully on different charges.

Not Guilty of All Charges after 3 day jury trial

NONE

Jan 2007 - Fort Carson, Colorado - E-5 Aggravated assault with intent to inflict grievous bodily harm & making death threats

10 years in prison, DD, Total forfeiture, E-1, Felony conviction

Client charged with beating and strangling his wife.  Lots of blood, gruesome photos.  Client broke hand as a result.  We tried the case in front of a jury & won the choking allegation and had the death threats dismissed.   Government asked for 5 years of confinement.   Jury Sentence: 179 days in jail, NO DISCHARGE, E-1, & no forfeitures NONE

Jan 2007 - Fort Campbell, KY & COB Speicher, Iraq - E-4 Premeditated murder of 3 men, conspiracy, death threats

Death penalty, DD, Total forfeiture, E-1, Felony conviction

Originally recommended for the Death Penalty.  Client was charged with 2 counts of 1st degree execution style murder, attempted murder on 3rd victim, conspiracy to murder, threatening witnesses, obstructing justice. We defended the case in Iraq & the U.S.

Negotiated 18-year deal. Client will be parole eligible in 5 1/2 years (less than 2 years per murder charge). Client received first clemency hearing in DC within 10 months. 
  

DD

Dec 2007 - Andrews Air Force Base, MD - E-6(P) 6 charges of mortgage fraud, forgery, impersonating an E-7, and 2 counts of conspiracy

1 year in prison, BCD, Total forfeiture, E-1, Felony conviction

Client was accused of being involved in a mortgage fraud / theft conspiracy.  

5 out of 6 charges dismissed by Military Judge before the jury was seated after defense lawyers filed 3 motions to dismiss charges of forgery, impersonating an E-7, dishonorably failing to pay a $27,000 debt, and 2 counts of conspiracy. NONE

Dec 2006 - Heidelberg, Germany - O-4(P) 3 counts of aggravated assault

32 years in prison, DD, Total forfeiture, E-1, Felony conviction

3 counts of felony aggravated assault with intent to inflict serious injury on 3 victims (broken nose, jaw, and cheek bone). Client was accused of severely beating 1 enlisted soldier and two enlisted wives outside of the club on post in Mannheim. Officer since promoted to O-5.

All court martial charges dismissed after aggressive Article 32 defense

NONE

Summer 2006 - Baghdad, Iraq - E-5 Conspiracy, obstruction of justice, false official statement

15 years in prison, DD, Total forfeiture, E-1, Felony conviction

Served of counsel in the defense of soldier implicated in murder of an entire Iraqi family and the alleged rape of their daughter in Mahmoudiya, Iraq on 12 March 2006. Soldier was charged with failing to report the attack but is not alleged to have been a direct participant. Others involved received sentences ranging from 85 years to life in prison. Soldier was the only soldier charged in the incident to avoid a conviction and jail time.

OTH

Feb 2006 - Fort Bliss, TX & Bagram, Afghanistan - E-5 3 charges of assaulting and abusing detainees & 3 charges of maltreatment

7 years in prison, DD, Total forfeiture, E-1, Felony conviction

Client was court martialed for allegedly abusing detainees captured in the "War on Terror" who were held at the Bagram Air Base in Afghanistan, in 2002. Driver was charged with beating a Taliban Division Commander known as Habibullah, whom the Army says died of his injuries. He was also accused of throwing a shackled and handcuffed prisoner, Omar al Faruq, against a wall. Faruq was the top al-Qaida deputy for Southeast Asia with a long history of terrorism.

Client ACQUITTED OF ALL CHARGES IN 12 MINUTES of jury deliberations

NONE

  Note: These are real case results. However, all cases are different. A success in one case does not guarantee success in another similar case. We cannot guarantee, promise or predict a certain final outcome.