Criminal and Administrative Cases

Below are real cases that Mr. Waddington has defended.

Note: These are real case results from cases that our lawyers have 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 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. Please call us with any questions or for clarification.

Court Martials & Criminal Cases (Click here for Administrative Separation Results)

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

  • October 2011 - U.S. v. Army E-8 - SOUTHCOM, Miami, El Salvador, Fort Sam Houston, TX - Client was a Special Forces soldier accused of violently raping and sodomizing a Salvadoran housekeeper. There was allegedly physical evidence, DNA evidence and numerous eyewitnesses that supported the claim. The El Salvadoran Government wanted our client in jail. To appease the Salvadorans, the American Government spared no expense to win this case. It became an international incident between the US & Salvadorans and Not Guilty was not an option for the US Government.

    However, our client took and passed a polygraph and provided evidence to prove his innocence to the US Government. SOUTHCOM disregarded all of his evidence and suppressed it at trial. They wanted to make an example out of this soldier and gain favor with El Salvador by sacrificing one of their own (regardless of his innocence).

    To gain an upper hand, the prosecution denied almost all defense witnesses. However, they flew up numerous Salvadoran witnesses and several American witnesses to testify against our client. They also brought a Salvadoran doctor who tested that there was overwhelming physical evidence to prove rape.

    To further stack the deck, the Army appointed one of the top Special Victim Prosecutors (SVP) in the Army. Then, they brought in a nationally known civilian prosecutor and expert in sexual assault prosecutions (similar to Nancy Grace) to work with the prosecution and get a conviction.

    Mr. Waddington and Capt Dustin Murphy, along with legendary DNA expert, Dean Wideman, mounted a defense for our client with limited resources. We proved that the alleged victim was a hustler and liar, her husband most likely raped her, and that the DNA evidence proved our client's innocence.

    Result: NOT GUILTY OF ALL CHARGES
  • October 2011 - U.S. v. Navy E-5 - Rota Navy Base, Spain - Client accused of sexually assaulting a female sailor, tax evasion, fraud, aggravated assault on another female, indecent language, and other offenses. We plead not guilty and fought the charges.

    Result: NOT GUILTY OF ALL CHARGES
  • September 2011 - U.S. v. Air Force E-3 - McGuire AFB, New Jersey - Client was accused of two Sexual Assault - Article 120 offenses (aggravated sexual assault and wrongful sexual contact). He was also charged with underage drinking. Our client faced over 31 years in prison. He was accused of going into a bathroom where a female airman had been vomiting and was supposedly unconscious and sexually assaulting her. Two Security Forces police officers claimed to have witnessed the crime and intervened.

    To strengthen their case, Air Force OSI agents planned a sting operation where the alleged victim called the accused and tried to get him to admit to the crimes. They recorded the call, in which the accused repeatedly apologized and said some very incriminating statements. The recording was played for the jury.

    Michael Waddington and Capt Miguel "The Hammer" Acosta teamed up once again to defend the accused. We fought all of the charges in front of an enlisted jury.

    Prior to the case, the McGuire AFB SARC (Sex Assault Response Coordinator) had intentionally tainted the jury pool by teaching EVERYONE ON THE JURY (15 jurors in total) classes about sexual assault. She had been teaching the base and members of the jury that if a female has ANY alcohol then the female cannot consent to sexual relations and if a female has ANY alcohol and has ANY sexual encounter, then she is a victim of sexual assault. Almost all of the jurors stated that if a girl vomits due to alcohol, then she cannot consent. The defense team had a difficult task ahead of them.

    The defense was able to prove that the Security Forces police officer "witnesses" were liars and criminals and that they severely perjured themselves on the stand. We proved that they severely beat and abused our client the night of the "assault" because he was caught making out with one of their police officers girlfriends. In addition, the victim was exposed as a liar, drama queen and drug and alcohol addict. We showed that she also played a role in the beating and aggravated assault of our client and its cover-up.

    Result: NOT GUILTY OF ALL SEX CHARGES. Guilty of Underage drinking.

    Sentence: NO JAIL TIME, NO DISCHARGE, NO LOSS OF RANK, Reprimand and forfeiture of $200 x 4 months
  • August 2011 - U.S. v. Air Force E-4 - Minot AFB, North Dakota - Client was accused of breaking into the home of a female that he had just met that day and raping her while she was unconscious. This was a tough case because the alleged victim and her friends all claimed that she was very drunk, that she was vomiting, that she could not walk, and that she was unconscious. They also claimed that the next day, our client confessed to the crimes and apologized.

    Mr. Waddington fought this case with ADC Capt Todd Tilford. We were also assisted by the renowned forensic psychologist, Dr. Jeffrey Younggren.

    When we started jury selection, we discovered that the jury was stacked with biased jurors. Several jurors and/or their family members were sex assault victims, one juror was a sex assault victim advocate and one was in law enforcement. We got down to 5 jurors and fought the charges in front of an enlisted panel.

    Result: NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS
  • August 2011 - U.S. v. Air Force O-5 - McGuire AFB, New Jersey - Lt Col client was accused of 9 specifications including adultery, indecent language towards female subordinates, unprofessional relationship with 3 subordinates, illegal use of a Government cell phone, and fraternizing with three lower enlisted subordinates. Our goal was to save his retirement, avoid lengthy jail time and to get a Not Guilty on the adultery. The client was married as was one subordinate. The evidence was overwhelming and included text messages, numerous witnesses, Facebook messages, a hotel receipt and phone records.

    Mr. Waddington and ADC Capt Miguel Acosta fought the allegations in front of an officer jury. In the end, we were able to save his retirement and get a reasonable sentence (the prosecution asked for 6 months and a dismissal). He was found not guilty of adultery and the defense team convinced the judge to dismiss three additional charges. In sentencing, the Judge merged two of the other charges into one charge.

    Punishment: NO DISMISSAL, 60 days in jail, forfeitures, and a reprimand.
  • July 2011 - U.S. v. Air Force E-4 - Eglin AFB, Florida - Client accused of violently raping, choking and threatening an Air Force Security Forces/Policewoman. After the alleged rape, he supposedly showed her a music video of a woman being raped, killed and eaten and threatened her. This alleged "victim" was very persuasive and could cry on demand. The problem was, she was lying. Our client maintained his innocence throughout the case.

    The Air Force brought in their best and most aggressive female sex assault prosecutor, the Nancy Grace of the Air Force. This prosecutor is one of the best in the military.

    The defense assembled a Dream Team of their own. Mr. Waddington, ADC Capt Andrew Norton, and Senior ADC Maj Jack Jones mounted their defense by extensively investigating the alleged victim. We were able to prove that the victim was the ex-girlfriend of the accused, after the "rape" they continued to have sex, that the victim posted Facebook messages joking about being raped, and other damaging facts.

    In addition, we proved that the victim did not cry rape until after the accused dumped her and started to see another girl. First she claimed that she was pregnant and tried to get back together with the accused. When he refused, she accused him of rape.

    We also presented several other airmen that the victim had falsely accused of sex assault and later recanted. The "victim" took the witness stand and lied about all of the above facts because she did not know that we had proof and we had her Facebook records.

    Also, she claimed that after she was raped, she was forced to watch the disturbing rape video. We proved that the victim went to a rock concert of the band that made the video and posted pictures about it on Facebook, after the alleged rape.

    ALL CHARGES WERE DISMISSED.

    This "victim" is still in the Air Force and will likely falsely accuse someone else in the near future. This goes to show that the command is afraid of women that falsely claim to be sexual assault victim. She should be court martialed for perjury and false official statement. Instead, she is still getting preferential treatment.
  • July 2011 - U.S. v. Air Force E-6 - Aviano AFB, Italy - Client with 18 years of service was responsible for a supply warehouse on various deployments. He was accused of stealing hundreds of thousands of dollars of military equipment and selling it on Ebay.

    The Government lined up numerous witnesses and alleged coconspirators to testify that our client was guilty. The client was facing over 30 years in prison and a DD and he was originally offer a plea deal that would have sent him to jails for several years.

    Mr. Waddington and ADC Capt Christopher James fought the charges in front of an enlisted jury.

    Result: NOT GUILTY OF ALL LARCENY CHARGES GUILTY of one charge, Dereliction of Duty

    Punishment: 30 days in jail, NO DISCHARGE, one grade reduction, a reprimand, and forfeitures
  • May 2011 - U.S. v. Army E-5 - Fort Irwin, California - Client accused of sexually assaulting a male subordinate soldier. The "victim" claimed to be straight and alleged that our client repeatedly sexually abused and assaulted him. The prosecution portrayed our client as a gay sexual predator. Our client claimed that it was the victim that was harassing and assaulting him.

    Mr. Waddington, without military co-counsel, fought the charges at the Article 32 hearing. We were warned that the case was "going forward to trial regardless of what the Article 32 officer recommended." Undaunted, Mr. Waddington proceeded to fight the charges at the Article 32 and confronted the alleged "victim" with devastating text messages and gay porn images that the "victim" took of himself and sent to our client. The lying "victim" thought the images no longer existed because our client's phone was destroyed. The images were forensically recovered by a private lab for use in defense of our client. At first, the victim denied the images and then, when confronted, he claimed they were taken and sent "by accident." Another lying Government "victim" was exposed.

    ALL COURT MARTIAL CHARGES DISMISSED.
  • March 2011 - U.S. v. Air Force E-5 - Luke AFB, Arizona - Client accused of Article 120 sexual assault and other offenses. He allegedly assaulted the wife of another airman. We were hired before charges were preferred and contacted OSI and the command to let them know our client intended to fight the charges. After several weeks of investigating, the command decided to not charge our client. Instead, he was given an Article 15 for sexual assault, which is almost unheard of.

    Client avoided jail, a conviction, sex offender registration and only received a one grade reduction and forfeiture of pay.
  • February 2011 - U.S. v. Marine E-7 (E-8 select with 18 years) - Parris Island, South Carolina - Client served in 2005 at Fallujah, Iraq with the II MEF. He was accused of receiving over $180,000 in bribes and jewelry from contractors in Iraq in exchange for awarding contracts. NCIS spent 4 years and tons of money traveling around the world to build a case. NCIS cherry picked evidence, twisted witness testimony and withheld favorable evidence in order to build a stronger case. Because almost all of their evidence was hearsay that came from shady witnesses, the Government knew that they would have a difficult time winning at a court martial. Instead, they took client to a separation board and presented over 500 pages of documents, almost all of which was hearsay. They also played a NCIS interview in which the NCIS agent had a coached witness repeat scripted answers implicating our client. Then, they presented a lengthy Naval Audit Service Audit showing supposed "irregularities" in our client's contracts. We were denied the ability to confront and cross examine our accusers because the Government would not bring them to the board. Several other Marines facing the same allegations were convicted at court martial.

    Mr. Waddington and Captain Paul Isherwood fought the case in front of an officer board with one enlisted member.

    Result: NOT GUILTY OF ALLEGATIONS, RETAINED ON ACTIVE DUTY

  • February 2011 - U.S. v. Air Force E-5 - Dover Air Force Base, Delaware - Charges: Rape, Burglary, False Official Statement x 2

    Result: NOT GUILTY OF ALL SEX CHARGES, NG BURGLARY, NG OF ONE CHARGE OF LYING, GUILTY OF FALSE OFFICIAL AND UNLAWFUL ENTRY
    Sentence: NO JAIL TIME, NO DISCHARGE, NO SEX OFFENDER REGISTRATION, 2 grade reduction, reprimand, forfeitures
  • December 2010 - U.S. v. Army O-3 - Fort Gordon, Georgia - Client was a male nurse that was accused of numerous Article 120 sexual assault charges, dereliction of duty and other offenses. He allegedly repeatedly sexually assaulted a female patient that was under his care. We were hired before the charges were filed and began to build our defense. After charges were preferred, Mr. Waddington and CPT Sean Fitzgibbon contested the charges at the Article 32. 14 days after the 32, the General dismissed all charges and specifications.
    Result: ALL CHARGES DISMISSED AFTER ARTICLE 32
  • December 2010 - U.S. v. Army E-6 - Fort Hood, Texas - Client accused of attempted forcible sodomy, various Article 120 sexual assault charges, and maltreatment of a subordinate. He allegedly sexually assaulted an E-4 female, numerous times, while on a funeral detail. Several of her friends, including one of the soldiers on the funeral detail, testified against our client. Mr. Waddington and CPT Joe Marcee contested all of the charges in front of an 8 member enlisted jury.
    Result: NOT GUILTY OF ALL CHARGES & SPECIFICATIONS
  • November 2010 - U.S. v. Marine Corps E-4 - Marine Corps Base Hawaii - Client accused of aggravated sexual assault on a fellow Marine, false official statement to NCIS and adultery (client's wife was a Marine). Client allegedly confessed to NCIS in writing and in a video taped statement, which were shown to the jury. NCIS and the USACIL crime lab found DNA evidence and semen. The alleged victim purportedly drank over 18 shots of tequila and numerous mixed drinks before she claims to have passed out. Mr. Waddington, along with Capt Jason Morris, fought the case in front of an enlisted jury.
    Result: NOT GUILTY OF THE SEX OFFENSE, NOT GUILTY OF LYING TO NCIS, GUILTY OF ADULTERY.
    Sentence: No jail time, NO Discharge, 2 grade reduction, restriction, 45 days hard labor without confinement, forfeitures

  • November 2010 - U.S. Navy E-5 - Bahrain Navy Base - Client accused of DUI, hitting and killing a pedestrian with his car, hitting and dismembering another pedestrian, fleeing the scene and other charges. Mr. Waddington and his hard hitting co-counsel LT Jessica Pyle, battled the Government for over 7 months. Finally, the Government accepted a deal with a 2 year maximum. At the sentencing, the military judge sentenced the client to 8 years in prison (client will serve about 20 months).
    Result: 2 years, DD, E-1, TFP
  • October 2010 - U.S. v. Navy O-3 - Norfolk, Virginia - Client, a Navy Reserve officer, was charged with aggravated sexual assault (Article 120) on an enlisted female while stationed at Soto Cano Air Base, Honduras. He was also charged with sexual harassment, fraternization and conduct unbecoming regarding another female. He faced over 30 years in prison and sex offender registry. We contested the case at the Article 32 and impeached the motive and truthfulness of the alleged victim and exposed weaknesses in the Government's case. Regardless, the 32 officer recommended a General Court Martial.
    Result: After months of negotiating, client was allowed to resign and all charges were dropped.
  • September 2010 - U.S. v. Air Force O-5 - Hurlburt Field, Florida - Client was accused of rape, conduct unbecoming an officer, assault, false official statement, and numerous other allegations. He faced life in prison, sex offender registration, loss of retirement, and other punishments. OSI conducted a massive, one-sided investigation, digging 8 years into client's past, looking for anything they could use to convict him. They interviewed the client's ex-wives, girlfriends, and even his children. They prepared a lengthy Report of Investigation. As usual, OSI wanted to push for charges. However, they did not conduct a background check into the supposed "victims" and did not interview key witnesses. Mr. Waddington and his ADC co-counsel investigated and presented the other side of the story to the command, which showed that the "victim" had serious mental health issues, a strong motive to lie and a history of similar false allegations. The SJA office declined to prosecute. Client received an Article 15 for false official statement and conduct unbecoming an officer. At the Article 15, the client contested the false official statement and was found Not Guilty. He admitted to the conduct unbecoming charge.
    Result: No court martial charges. At Article 15, client received a fine.
  • August 2010 - U.S. v. Army E-2 - Okinawa, Japan (Torri Station & Kadena Air Base) - Client accused of rape, aggravated sexual assault, breaking a no contact order multiple times, stalking, telling his SFC to "F$%$ Off" and other offenses. Mr. Waddington fought the case with CPT Ernesto Gapasin in front of an enlisted jury. The prosecution presented a sex assault nurse expert, a DNA expert and hundreds of texts messages from client that supposedly showed his guilt.
    Result: Not Guilty of all sex charges, numerous other charges were dismissed. Found guilty of remaining charges. Sentenced to time served, reduction to E-1, and a BCD.
  • July 2010 - Family time, no court martials

  • June 2010 - U.S. v. Air Force E-3 - Cannon AFB, New Mexico - 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 squadron 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.  Client was charged with 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.  We faced numerous eyewitnesses, an alleged videotaped confession and many bloody photographs. Mr. Waddington and Capt Bryan Warnock contested all charges in front of an officer jury.
    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.
    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.
    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.

  • June 2010, U.S. v. Army E-5 - Baumholder (Smith Barracks), Germany - Summary - Our client, an infantry soldier, was charged with multiple aggravated assaults on Iraqi insurgents/detainees and dereliction of duty.  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 an Article 32 was scheduled on very short notice, giving Mr. Waddington only days to prepare and to be present to defend the client. This was done although the Government knew that the client was represented by Mr. Waddington. Mr. Waddington has a busy trial schedule and is located in the USA. In Mr. Waddington's opinion, which is based on years of experience in dealing with Army prosecutors, his experience in defending many court martial cases, his knowledge of the Smith Barracks prosecutors and his experience as a former JAG lawyer, this was done to catch the defense off guard and to deprive the client the ability to be prepared and to mount a defense. Mr. Waddington, believing that the prosecution was bluffing, cleared his schedule and rushed to Germany to defend the case with a few days notice.  The defense team quickly investigated the background of the accusers, including a disgruntled 1LT (the main instigator of the allegations) and prepared to battle at the Article 32.  The lead prosecutor expected us to delay the Article 32 (this info was told to Mr. Waddington by an Army JAG stationed at Smith Barracks). The defense aggressively fought the charges at the Article 32.  The Article 32 officer recommended a trial on 2 of the 6 charges.  The case was sent to the Commanding General with a recommendation that the case go to trial. The prosecution tried to get the charges referred (sent to a court martial). In Mr. Waddington's experience, the General/convening authority almost always follows the recommendation of the prosecution/SJA. In other words, if the prosecution wants to take the case to trial, then the General agrees. In an attempt to stop the court martial, the defense wrote and sent a memorandum to the Commanding General. In the memo, the defense explained why the charges should be dropped and why the case should not be sent to court martial. The General refused to send the case to court martial, against the recommendation of the Government.
    Result: ALL CHARGES DISMISSED BY THE COMMANDING GENERAL
  • May 2010 - U.S. v. Army O-3 - Torii Station, Okinawa, Japan -
    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.
    Result: NOT GUILTY OF ALL CHARGES

  • May 2010 - U.S. v. Army E-6 - Fort Gordon, Georgia - Client accused of forcible rape, fraternization and adultery.  CID investigation determined that 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 allegations. We presented evidence to the prosecution and the command that supported our client's innocence.
    Result: Command REFUSED TO PROSECUTE client and gave him a reprimand for adultery

  • May 2010 - U.S. v. Army E-6 - Camp Zama, Japan - 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 testing 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.”
    Result: NOT GUILTY of rape, guilty of wrongful sexual contact, acquitted of all remaining charges
    Punishment: The military jury gave NO PUNISHMENT

  • May 2010 - U.S. v. Army O-4 - Fort Knox, Kentucky - 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.
    Result: 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

  • May 2010 - U.S. v. Marine E-6 - Undisclosed base in USA - 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."
    Result: The client claimed his innocence and refused their “deals.” After 2 years of investigations and intimidation tactics, the military eventually DROPPED THE CASE.

  • April 2010 - U.S. v. Army E-6 - Fort McPherson, Georgia - 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.
    Result: 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

  • April 2010 - U.S. v. Army E-5 - Fort Rucker, Alabama - 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.
    Result: 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

  • April 2010 - U.S. v. Navy E-7 – Pacific Region (specific base undisclosed) - 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 filed.
    Result: 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.

  • March 2010 - U.S. v. Army E-6 - Fort Lewis, Washington - 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.
    Result: Client refused and at the same time requested a Chapter 10 administrative discharge, which was approved.  Avoided a Felony conviction, fines and jail time

  • February 2010 - U.S. v. Air Force E-3 - Pope AFB, NC - 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.
    Result: 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, reprimand

  • February 2010 - U.S. v. Army O-5 - Fort Gordon, GA - 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.
    Result: 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.
  • February 2010 - U.S. v. Air Force E-4 - Hanscom AFB, MA - (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.
    Result: The board RETAINED the airmen on Active Duty. NO DISCHARGE.
  • January 2010 - U.S. v. E-7 - Undisclosed training base - 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.
    Result: Two days before the scheduled trial, the prosecution dropped all charges. ALL CHARGES DISMISSED BY THE GENERAL.
  • January 2010 - U.S. v. Army E-6 - San Diego Navy Base, California - 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.  Defended case with LT Becky Oldfield-Frey. Navy initially demanded 7 years of confinement.
    Result: 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, E-1, TFPA
  • November 2010 - Shaw Air Force Base, SC - 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.
    Result: Client received a General Under Honorable Conditions Discharge. Maintained most benefits.
  • October 2009 - U.S. v. Army E-5 - Yongsan Army Base, Korea - 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. 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.
  • August 2009 - U.S. v. Air Force E-6 - Hanscomb AFB, Massachusetts - At a General Court Martial, client was accused with 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.
  • August 2009 - U.S. v. Navy E-4 - Sasebo Navy Base, Japan - Client charged with Rape,forcible sodomy and numerous sexual assaults. 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.
  • July 2009 - U.S. v. Army E-6 - Tripler Army Medical Center - 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.
  • June 2009 - U.S. v. Army E-8(P) - Yongsan Army Base, Korea - 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. Mr. Waddington & military lawyer CPT Adam Jonasz contested the charges in front of an enlisted jury.
    Result: NOT GUILTY OF ALL CHARGES
  • May 2009 - U.S. v. Army E-6 - Camp Humphreys/K-16, Korea - Client charged with 2 separate rape allegations, indecent acts, kidnapping and false official statement. Faced life in prison. 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 then brought numerous 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. We fought back and contested all charges in front of an enlisted jury.
    Result: ACQUITTED OF ALL CHARGES after about 60 minutes of jury deliberations.
  • May 2009 - U.S. v. Army CW3, Fort Rucker, Alabama - Aviator client with 17 years Active Duty accused of three sexual assaults and one charge of conduct unbecoming an officer. Client signed an alleged "confession." Contested all charges in front of an officer jury.
    Result: ACQUITTED OF ALL SEX CHARGES, Convicted of conduct unbecoming
    Sentence: Reprimand, 2 months restriction to post, NO JAIL TIME, NO DISCHARGE, NO FORFEITURES
  • April 2009 - U.S. v. Air Force O-5 - Buckley Air Force Base, Colorado - Client accused of attempted larceny of over $70,000, false official statement, fraud, filing a false claim, multiple lengthy AWOL.
    Result: ALL CHARGES DISMISSED AFTER ARTICLE 32, client allowed to retire with an honorable discharge. Saved $2 million retirement.
  • March 2009 - U.S. v. Army E-8 - Tripler Army Medical Center, Hawaii - Client accused of sexually harassing 2 subordinates, hazing & abusing 2 other soldiers, failing to go to work for weeks at a time, & wearing an unauthorized Combat Action Badge (CAB) in order to get promoted. Contested all charges.
    Result: 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 so long so client stays out of trouble.
  • March 2009 - U.S. v. Air Force E-5 - Hickam Air Force Base, Hawaii - 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 document. 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.
    Result: All charges dismissed on 15 March 2009 (two days before trial)

  • March 2009 - E-6 - Iwakuni Air Base, Japan - Client accused of raping & then stalking a drunken lower enlisted Marine & other additional charges. She had her friends backing up her allegations.  Faced Life in prison, Dismissal, Sex offender registry, Felony conviction. 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. Gov't would not back down.
    Result: 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.

  • March 2009 - Vilseck, Germany / Baghdad, Iraq - Faced Death / Life without the possibility of parole. 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. However, the Army did not care and pressed forward. 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. 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.
    UPDATE - The commanding General cut 15 years off of SFC Mayo's sentence. He is now parole eligible in 6 and a half years. Attorneys, Mr. Waddington, MAJ Kageleiry and Geoffrey Nathan are fighting to reduce SFC Mayo's sentence further.
  • Feb 2009 - E-8(P) - Fort Bliss, Texas - Male Army soldier client accused of raping & sodomizing a lower enlisted male soldier. Charge sheet was scheduled to be read to client when we were hired. Client faced life in prison & sex offender registry. 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.
    Result: Client retired with an honorable discharge & received a letter of reprimand.
  • Feb 2009 - Civilian - Aiken, South Carolina - Client arrested and caught on police camera in Dec 2007 with a 22 pound bundle of marijuana in the trunk of his car. Charged with felony drug trafficking & faced 10 years in prison.
    Result: Prosecution dropped charges / Nol pross - No jail time, no conviction.
  • Jan 2009 - U.S. v. O-2 - Bliss, Texas - 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.  Faced up to 15 years in prison, a DD, and a felony conviction. We got involved & tried to resolve the case without a court martial or NJP. Accused of fraternization, violation of an order, conduct unbecoming and officer.
    Result: Declined to prosecute.  Client allowed to PCS without repercussions
  • Jan 2009 - U.S. v. O-4 - Fort Benning, Georgia - 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.  He was also accused of impeding an investigation & conduct unbecoming. Faced up to 10 years in prison, a dismissal, and a felony conviction. 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.
    Result: Letter of Reprimand, no court martial charges filed, No NJP or Article 15.
  • December 2008 - U.S. v. E-2 - Hurlburt Field Air Force Base, Florida - Client faced 15 years in jail. He made a detailed written & oral confession admitting to the crimes. He broke into the dorm room of a female airman that he did not know and sexually assaulted her as she slept. 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 (client still in the Air Force). Sentence reduced by 1 month in clemency
  • November 2008 - U.S. v. Air Force E-6 - Yokota Air Force Base, Japan - Client with 18 years of service was accused of stealing $9,075 and taking and gambling thousands of additional dollars from the Air Force cash vault that he managed. Faced 10.5 years in prison and a dishonorable discharge. This was the largest loss of bank vault funds in recent AF history. Signed "confession" and allegedly made verbal admission of guilt to investigators. Prosecution team of 3 lawyers played hard ball and flew in senior trial lawyer from Los Angeles, CA when client rejected plea bargain. Contested charges in front of an enlisted panel.
    Result: Client ACQUITTED of felony larceny of $9,075. Convicted of wrongful appropriation (borrowing money) which is a misdemeanor.
    Sentence: NO DISCHARGE, 1 month confinement, reduction to E-4, forfeitures, restriction and 60 days hard labor without confinement. Prosecution asked for the maximum during sentencing proceedings.

  • October 2008 - U.S. v. Army E-4 - Fort Riley, KS - Soldier accused of rape, adultery, and false official statement. Faced life in prison and sex offender registry. Soldier signed confession when interrogated by CID. We were hired well 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. After 2 months of negotiations, command gave client an Article 15 for adultery.
    Declined to prosecute despite "confession."
  • September 2008 - U.S. v. Air Force E-5 - Seymour Johnson Air Force Base & Kirkuk, Iraq - Air Force Security Forces client faced 41 years in prison and sex offender registry. Charged with 2 charges of felony aggravated sexual assault and one charge of sexual harassment. Over a dozen witnesses. SJA office calculated case was worth 25 years and a Dishonorable Discharge. They played hard ball. Air Force sent "top gun" prosecutor from DC to try the case. We fought the charges in front of an enlisted jury.
    Result: Client ACQUITTED of all sex charges. Convicted of misdemeanor harassment.
    Sentence: 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.
  • August 2008 - U.S. v. O-5 Army Medical Officer - Germany - Client accused of serious criminal and ethical violations recommended for court martial. Investigated case and presented favorable evidence to command. CASE CLOSED, NO ACTION TAKEN.
  • Augusta 2008 - U.S. v. NCO - Air Force (details withheld) - Client accused of conspiracy to traffic and trafficking massive quantities of alcohol into Middle East AOR. CHARGES DISMISSED AFTER WE GOT INVOLVED.
  • July 2008 - U.S. v. Army O-6 - Kuwait / Fort McPherson, Georgia - High profile case where Colonel 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 CHARGES & NEGOTIATED HONORABLE RETIREMENT.
  • 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.
  • 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, reduced 2 grades, reprimand, NO FORFEITURES - Soldier will be paid while in jail. Will return to the unit and continue his career.
    4 May 2008 - Released early from jail pending clemency (see article)
    20 May 2008 - SENTENCE, CONVICTION REDUCED (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.
  • 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
  • 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 to steal $25,000, 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). Client received first clemency hearing in DC within 10 months.

  • 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.

  • Summer 2006 - U.S. v. Army E-5 - Baghdad, Iraq - 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. Soldier was the only soldier charged in the incident to avoid a conviction and jail time. Others involved received sentences ranging from 85 years to life in prison.
  • 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 - (Chaplin’s 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.

Administrative Separation Boards/Show Cause Boards (Fully Contested)
(Below are cases that we fought in front of boards. In hundreds of other cases we have negotiated deals that secured favorable discharges, retention, and retirement, thereby avoiding a board all together).

  • June 2009 - U.S. v. Army O-3, Fort McPherson, GA - Soldier accused of abandoning her Company Command, adultery, false official statement, falsely claiming that a married E-8 was her husband and supposedly lying in order to get married quarters while on R& R in from Afghanistan. The Army tried to give soldier an Other Than Honorable Discharge (OTH). Result: Soldier received an Honorable Discharge
  • May 2009 - U.S. v. Air Force O-5, McGuire Air Force Base, New Jersey - Air Force attempted to separate client and give him an Other Than Honorable Discharge. Contested case in front of an officer board.
    Result: Client retired with an honorable discharge
  • 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.

Other cases and investigations

  • 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.