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Michael Waddington has represented over a thousand military service members around the world, including cases in Iraq, Kuwait, Korea, Japan, and Afghanistan. When Mr. Waddington takes a case,
he comes out swinging in an aggressive yet professional manner. He conducts a thorough and extensive investigation into
the allegations, the evidence, and the
witnesses.
In particular,
he looks for holes in the investigation and digs into the background of
the Prosecution's key witnesses. Often, we find that investigators have
put words into the mouths of shady witnesses, prosecutors
have "overlooked" key
evidence, and the Government has stacked
the charge sheet in order to scare the accused into caving in.
Below are real cases that Mr. Waddington has defended. Often,
as noted below, court martial charges can be dismissed outright, withdrawn,
dismissed under a discharge in lieu of court martial, or dismissed
in exchange for NJP or other disposition. Before rushing to plead guilty,
your lawyer
should
conduct
a thorough
investigation of the case. Call
or e-mail us for a Free Consultation.
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 do not guarantee a certain final outcome, to do so violates the Rules
of Professional Responsibility.
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April 2008 - U.S. v. Army E-3 - Camp Casey, Korea
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.
Result: ALL COURT MARTIAL CHARGES DISMISSED 5 DAYS BEFORE ARTICLE 32 under Chapter 10.
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Feb 2008 - U.S. v. Army E-4 - Schofield Barracks, Hawaii - FOB Warrior, Iraq
Army Scout accused of murdering an Iraqi detainee/insurgent. Client allegedly shot a wounded detainee twice in the head at a distance of 4 feet. Charged with 1st degree premeditated murder (mandatory minimum - life in prison). Client admitted 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.
Result: ACQUITTED OF MURDER, convicted of aggravated assault by offer (discharging the weapon near the detainee but missing him)
Sentence: RETAINED ON ACTIVE DUTY, 120 days in jail (will serve 100), reduced 2 grades, reprimand, NO FORFEITURES - Soldier will be paid while in jail. Will return to the unit
and continue his career. RELEASED FROM CONFINEMENT EARLY PENDING CLEMENCY (Click here to read article).
Feb 2008 - U.S. v. Army E-7 - Camp Red Cloud, Korea
18 year vet accused of stealing over $150,000 in BAH, OHA, FHA, & FSA. Successfully contested charges at Article 32. Proved amount was greatly exaggerated. Court martial charges withdrawn and soldier remains on Active Duty. Allowed to pay back much lower amount in dispute. Saved retirement.
Jan 2008 - U.S. Army O-3 - Yongsan, South Korea
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.
ACQUITTED OF ALL SEX CHARGES &
BEATING CHARGES. Convicted of 2 lesser assault & battery charges.
Sentence: RETAINED ON ACTIVE DUTY, Reprimand, 100 days confinement.
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Jan 2008 - U.S. Army E-3 - Camp Humphreys, South Korea
CID targeted major drug trafficking ring at Camp Humphreys. Client sold to undercover CID agents, arrested during a drug deal, & signed a detailed confession. Client charged with trafficking 55 pounds of marijuana (enough to make 50,000 joints), use, and attempted distribution. Client faced 47 years in prison and a DD. Negotiated extremely favorable plea deal that reduced drug amount. Sentence: 13 months in confinement, BCD
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Dec 2007 - U.S. Navy E-8 - Jacksonville NAS, Florida
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. Result: Client retired in Dec 2007 at E-8 with 20 years.
- Nov 2007 - U.S. v. Army E-1 - Fort Gordon, Georgia - Soldier accused of running an international vehicle theft ring, making expensive sports cars "disappear" and filing theft reports and insurance claims, conspiracy to steal and attempted larceny of $39,000 from All State Insurance, and numerous other offenses. FBI and CID conducted a massive investigation. Started at Felony General Court Martial. Best offer was 24 months, then 18 months and a felony conviction. Fought charges at Article 32. Convinced 32 officer to reduce charges to a misdemeanor BCD special. Soldier confessed and FBI recorded 14 hours of his incriminating statements. Soldier had several past Field Grade Article 15s. Plead to misdemeanor charges without a deal in front of a judge. Beat the best plea deal offered by 9 months.
- Oct 2007 - U.S. v. Army E-7 - Yongsan, South Korea - Senior NCOIC for 4 star GEN B.B. Bell and GEN LaPorte charged with 10 charges, facing over 70 years in prison. Command wanted to "make example" out of soldier. Charges included numerous counts of 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. Fought all charges at jury trial. A General, 3 Colonels, and 2 CW4's testified against client. NOT GUILTY OF ALL CHARGES. FULL ACQUITTAL.
- Oct 2007 - U.S. v. Army E-6 - Yongsan, South Korea - Soldier faced 40 years in prison for promotion fraud, conspiracy to steal over $5,000, larceny, submitting forged college transcripts, ASVAB scores, and awards, and lying to CID and commander. We fought charges in front of a jury. Acquitted of lying to CID and award fraud. Convicted of promotion fraud and theft. Sentence: 45 days restriction, reduction to E-3, a fine, and 1 month forfeitures. NO JAIL TIME. RETAINED ON ACTIVE DUTY.
- Sept 2007 - U.S. v. Army WO1 - Camp Casey, South Korea - 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: Discharged, No jail time, No forfeitures, Allowed to take voluntary excess leave and will remain in Army until appeal is final.
- August 2007 - U.S. v. Army E-7 Drill Sergeant, Fort Gordon, GA - Senior drill sergeant 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. Charges included indecent acts, adultery, and having an unlawful relationship with trainees. 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 Confinement, Retained on Active Duty and will retire.
- August 2007 - U.S. v. Army E-7, Fort Lee, VA - High profile case involving client 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. Jury acquitted client 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 time, No fine, No reduction, Retained on Active Duty.
- August 2007 - U.S. v. Navy E-6, Military District of Washington, DC (MDW) - 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.
- August 2007 - U.S. v. Air Force E-3, Seymour Johnson Air Force Base, NC - 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.
- August 2007 - U.S. v. Air Force E-5, Atlus Air Force Base, OK - Served "of counsel" to client facing charges of running a gay online prostitution service, drug distribution, drug use, and various counts of homosexual sodomy. Client played hard ball and held out until right before trial. On the eve of trial, prosecution dropped all gay prostitution related charges and agreed to a highly favorable deal for client, 4 months of confinement.
- July 2007 - U.S. v. Navy E-4, Tinker Air Force Base, OK - 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. Maximum possible punishment: Over 27 years in prison, sex offender registry, dishonorable discharge. Fought case at Article 32 and had carnal knowledge charge dismissed. Fought remaining charges at a jury trial. Result: Not guilty of indecent acts with a minor. Only convicted of 1 misdemeanor charge of giving alcohol to a person under 21. Punishment: No jail time, Retained on Active Duty, reduced one grade, 45 days restriction, and a fine.
- June 2007 - U.S. v. Army Cadet - West Point, NY - Client charged at a General Court Martial with cocaine use. 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 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.
- June 2007 - U.S. v. Army E-7(P) Fort Gordon, GA - Soldier accused of rape and indecent acts with a minor. We were hired before charges were filed. After 12 months of negotiations. The command refused to prosecute, soldier had flag lifted, was promoted, and allowed to PCS.
- June 2007 - U.S. v. Army E-3 - Fort Drum, NY - 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.
- April 2007 - U.S. v. Air Force E-6 - Goodfellow Air Force Base - Numerous General court martial (felony) charges of larceny and wrongfully appropriation of over $25,000 worth of sensitive military equipment including night vision goggles. Airman made a confession and sensitive items were recovered from a search and seizure of the airmen's home. All charges dismissed a week before the Article 32.
- Feb 2006 - United
States v. Army E-5 - El Paso, TX - Detainee abuse at Bagram Airbase, Afghanistan. Maltreatment
x 3, Assault x 3. Taliban detainee allegedly died of his injuries. Full acquittal after 12 minutes of jury deliberations
despite alleged confession and numerous alleged "eyewitnesses."
- Feb 2007 - U.S. v. Air Force E-6(P) - Washington, DC -
Not Guilty of All Charges after 3 day jury trial - Conspiracy,
2 counts of Article 92, & disrespect to an officer (told commander
"this is bullshit" after being read an Article 15/NJP).
- Jan 2007 - U.S. vs. Army E-5 - Fort Carson, Colorado - Aggravated
assault with deadly/grievous force (beating & strangulation of wife) & death
threats. (Lots of gruesome photos). Best plea offer was 18 months in
jail & a BCD. 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, Retained on Active Duty, E-1, & no forfeitures.
- Jan 2007 - U.S. v. Army E-4 - Fort Campbell, KY - Originally
recommended for the Death Penalty. Later, client faced mandatory minimum sentence of life x 3. 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).
- Dec 2006 - U.S. vs. Air Force E-6 - Andrews AFB, Washington, DC -
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.
- Dec 2006 - U.S. vs. Army O-4(P) - Heidelberg, Germany - All
court martial charges dismissed after aggressive Article 32 defense -
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.
- United States v. Army E-7 - Fort Jackson, SC - Wrongful use of cocaine
(drug urinalysis). Full Acquittal using innocent ingestion defense.
- United States v. Army E-1 - Fort Gordon, GA - Aggravated Assault with a
Dangerous Weapon (a Loaded Firearm) (3 counts), Wrongful and Willful
Discharge of a Firearm
under
Circumstances to
Endanger Human Life, Provoking Gestures, Willfully Damaging Government
Property (3 counts) Failure to Obey Order (2 counts). Client had gunshot residue on hands and clothes, bullets in his possession, and witnesses saw him with a gun seconds before shots were heard. We fully contested the charges in front of an enlisted jury. Acquitted
of all weapons related charges, Retained on Active Duty, time served.
- United
States v. E-3 - Wrongful use of cocaine and ecstasy (drug urinalysis),
fleeing and eluding the MPs, DUI, drunk on duty, reckless driving
(95 mpg in a 25 zone), and breaking restriction. All
Court Martial Charges Dismissed.
- United States
v. E-1 - Drug distribution, wrongful use of
a controlled substance, false official statement. 60
days confinement, no discharge/retained on Active Duty.
- United States v. E-3 - Breaking & entering, larceny
of Gov't property, AWOL. Time served, (89
days), no discharge/retained on Active Duty. After trial, Gov't vacated
the conviction & punishment & granted an administrative discharge.
- United
States v. E-5 - Desertion with intent to avoid hazardous
duty in Iraq, wrongful use of cocaine
(drug urinalysis). Acquitted of desertion
with intent to avoid hazardous duty in Iraq. Plead to lesser charges. Granted
clemency.
- United States v. E-5 - Larceny of military property, forgery, false
official statement. All charges withdrawn after we got involved, soldier
ETSd with an Honorable Discharge.
- United States v. E-7 - Rape of minor, forcible sodomy,
violation of no contact order. All charges
withdrawn after we got involved and began investigation.
- United
States v. E-3 - Article 15 turn down for wrongful use of marijuana (drug
urinalysis). Despite written "confession" charges
were dismissed using a "false confession" defense.
- United
States v. E-4 - Rape (2 counts), Forcible Sodomy (4 counts), Disobeying
a Superior Commissioned Officer (2 counts), Assault Consummated by
Battery (4 counts), Destruction of Military Property Release from pre-trial
confinement. All Court Martial Charges
Dismissed. Discharged with an OTH. Appealed to the ABCMR and
won an Honorable Discharge.
- United States v. E-4. Counterfeiting, larceny,
fraud, forgery. Beat plea deal by several months.
- United States v. E-5 child molestation, statutory
rape, adultery, sodomy with a 12-16 year old (2 counts oral and anal
sodomy), Furnishing
Alcohol
to a Minor. Beat plea deal by several years.
- United States
v. E-5 - Two counts of assault consummated by battery on
a minor, child abuse, and false official statement. All Court
Martial Charges Dismissed.
- United States v. CW3 - Conspiracy to commit
larceny and defraud the U.S. Government, Failure to obey a general
regulation
(4 counts),
False
official statement, Larceny of Government Property Over
$500.00 (4 counts), Fraud
Against the U.S. Government of more than $500.00, Conduct
Unbecoming an Officer and Gentleman, Impeding an Investigation.
Negotiated Plea and saved 24 year retirement, cut confinement by
50% in clemency.
- United States v. E-5 - False official statement
(8 counts), Larceny over $500.00 (4 counts), Forgery (3 counts),
Wrongful Use of
a Military ID card, Identify Theft - United States
Code, Title 18,
Section 1028. Beat deal by 4 months and cut
sentence by 4 months in clemency.
- United States v. E-4 - Wrongful use of cocaine
(drug urinalysis)(3 counts). All Court Martial Charges Dismissed.
- United States v. E-3 - AWOL, Failure to Repair,
Drunk on Duty, DUI. All Court Martial Charges
Dismissed.
- United States v. E-7 - Senior Drill Sergeant accused of multiple
counts of trainee abuse, sexual assault, maltreatment, and adultery.
Negotiated a Local Letter of Reprimand and avoided courts-martial.
- United States
v. E-6 - Drill Sergeant - Assault Consummated by Battery (Spousal
Abuse), Violation of a General
Order (Trainee
Abuse 4 counts)
Adultery (2 counts),
Sodomy, Assault; Disobeying an Order. Fought
the case, acquitted on several charges, beat the Government's best
offer by one year.
- United States v. E-1 - Attempted Possession
of Cocaine, Conspiracy to Distribute Cocaine,
False
Official
Statement (2 counts),
Wrongful Possession
of Heroin (2 counts). All charges
dismissed.
- United States v. E-5 wrongful
discharge of a weapon, dereliction of duty, disobeying
an order. All Court Martial Charges
Dismissed.
- United States v. E-3 - Perjury,
Bigamy, Failure to Obey a Lawful Order. All Court Martial
Charges Dismissed.
- United States v. E-3 - Attempted
Murder of an Infant, Maiming, Assault on Child
(3
Counts), Assault
With Intentional
Infliction of Grievous
Bodily Harm (3 counts), Assault Consummated
by a Battery, Recklessly Refusing
Medical Treatment,
Provoking
Speech,
Disobeying an
order, False Official Statement (2
counts). Beat best Government Offer
by 2 years.
- United States v. E-3 - Wrongful use of cocaine
(drug urinalysis). All Court Martial Charges
Dismissed.
- United States v. E-3 - Rape, indecent assault, conspiracy.
Fought case. Convicted of only indecent assault. Time served and returned
to duty.
- United
States v. E-3 - Rape, Forcible Sodomy, Indecent Acts, Conspiracy
to Commit Rape,
Forcible Sodomy,
and Indecent
Acts. All Court Martial
Charges Dismissed.
- United States v. E-3
- Interstate wire fraud (3 counts), Obstruction
of mail,
False official
statement,
Dereliction
of Duty (2 counts),
Interstate wire fraud. Acquitted
of Federal offenses. Awarded 8 months of Article 13 credit. Served
only 30 days after trial.
- United States v. E-3 - Urinalysis,
AWOL. All Court Martial
Charges Dismissed.
- United
States v. O-3 - Disobeying a Lawful Order,
Violation
of a General Regulation
(trainee abuse),
Conduct Unbecoming
an Officer,
Adultery,
False Official Statement,
Impeding an Investigation
- United
States v. E-4 - Failure to Obey a Lawful
General
Regulation. All
Court Martial Charges
Dismissed.
- United States
v. E-1 - Failure to repair
(4 counts),
Disrespect
to
an Officer,
Disobeying a lawful
order. All
Court Martial Charges
Dismissed.
- United States v.
E-3 - Distribution
of Drugs
(4 counts), Possession
of Drugs
with the
Intent to Distribute,
Conspiracy to Distribute
Drugs. Beat Government's
best plea offer by 3 years.
- United States
v. E-5 - Violation
of a Lawful
General
Regulation/Trainee
Abuse
(4 counts),
Conduct Prejudicial
to Good Order
and Discipline. All Court Martial Charges Dismissed.
- United
States v. E-7 - Distribution
of Cocaine
(4 counts),
Possession
of Cocaine
with the
intent to
Distribute,
Larceny of
Military
Property (over
$24,000.00),
Urinalysis,
False
Official
Statement, Disobeying
a Superior
Commissioned
Officer. Acquitted of all drug distribution and intent to distribute
charges. Granted parole.
- United
States v. E-4 - Disobeying
an Order
to Take
the Anthrax Vaccine. All charges withdrawn after we became involved.
- United
States
v. E-4
- Desertion.
All Court Martial Charges Dismissed.
- United
States
v.
E-3 - Distribution
of
Cocaine, Possession
of
Cocaine wither
Intent
to
Distribute,
Wrongful
Use
of a controlled
Substance.
All Court Martial Charges Dismissed.
- United
States v.
E-6 - Larceny
of Military
Property approximately
$34,000.00, False
Official Statement. All Court Martial Charges Dismissed.
- United
States v.
O-1 - AWOL
Terminated by
Apprehension, Drunk
on Duty,
Conduct Unbecoming
an Officer. Negotiated a Resignation, All Court Martial Charges
Dismissed.
- United
States v.
E-1 - Larceny
(4 counts),
Forgery, Fraud,
AWOL, prostitution,
Soldier retained. Honorable medical
discharge.
- United
States v.
E-4 - Distribution
of Cocaine,
AWOL, Wrongful
Use of
a Controlled
Substance All Court Martial Charges
Dismissed.
- United
States v.
E-7 - (Chaplins
assistant)
Sexual assault,
indecent acts,
maltreatment,
adultery,
dereliction of
duty, and
impeding an
investigation. Set
for a
General Court
Martial (GCM)
negotiated a
Summary Court
Martial (SCM)
and saved
retirement.
- United States v. E-5 - Drill Sergeant acquitted of trainee abuse, maltreatment, and fraternization at a Field Grade
Article 15.
- June 2007 - U.S. Air Force E-6 - Eglin AFB, FL - Avoided court martial. Contested charges at board. Airman received a General Under Honorable Discharge.
- Feb 2007 - U.S. v. Navy E-7 with 18 years of service - Jacksonville
NAS, FL - Separation board for
various sex crimes. We fought the charges in front of a board. Board found
that no misconduct occurred. Sailor retained on Active Duty..
- Sep 2006 - United States v. O-3 - Conduct unbecoming an officer,
Inappropriate
relationship with a female GS employee while married. Retained
and allowed to PCS.
- Aug 2006 - United States v. E-4 - Homosexual conduct. Retained.
- May 2006 - United States v. E-4 DUI, Drugs/wrongful use of cocaine, two
time PLDC failure, two counts of assault. Suspended discharge
and rehabilitative transfer.
- United States v. E-6 - Personality disorder discharge.
Diagnosing psychiatrist testified against soldier. Board found that
psychiatrist misdiagnosed the soldier and retained.
- United
States v. E-6 Failure to meet weight standards. Retained, promoted
to E-7.
- United States v. E-4 Drugs/wrongful use of methamphetamines.
Retained.
- United States v. E-7 with 25 years Wrongful use of cocaine.
Retained, allowed to retire.
United States v. E-4 Drug use, aggravated
assault with an ax handle in Kuwait. Awarded Honorable Discharge.
- United States v. CW2 - Fraternization,
Adultery, Violation of a Regulation, Conduct Unbecoming an Officer.
Retained.
- United States v. E-7 (Recruiter) Drugs/wrongful
use of cocaine x 4, dereliction of duty. Awarded Honorable Discharge.
- United States
v. E-7 with 21 years Drugs/wrongful use of cocaine. Retained, allowed
to retire.
- United States v. E-7 - Fraternization, adultery,
false official statement (to an O-6 in front of his entire staff),
conduct unbecoming, and fraud. Avoided court martial and took
it to a board. Won a General, Under Honorable Conditions Discharge,
rather than Other than Honorable (OTH) at the board. Soldier was able
to re-join the Army and will retire.
- United States v. E-6 Special Forces - Smuggling
of weapons, drugs, false official statement, conspiracy. Letter
of reprimand filed rather than a court martial.
- Army recruiter accused of attacking a prospective recruit. After
we investigated the allegations, all charges were dropped in civilian
court and the Army chose not to prosecute.
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