Criminal and Administrative Cases

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 Often, as noted below, court martial charges can be dismissed outright, withdrawn, dismissed under a discharge in lieu of court martial, reduced as part of a plea deal, or dismissed in exchange for NJP or other disposition. Before rushing to plead guilty, your lawyer should conduct a thorough investigation of the case and advise you on what your options are.

Note: These are real case results from cases that Mr. Waddington has 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)

(Mr. Waddington lists the locations and dates to show that our case results are real, recent and verifiable)

  • 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.
  • 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.