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Case Results

Fraud and Larceny

Soldier accused of submitting over $130,000.00 in fraudulent travel vouchers avoids jail and punitive discharge and keeps his retirement

Over the course of two and a half years, a SFC was accused of making a false claim by filing fraudulent travel vouchers seeking reimbursement for rent for over $130,000.00. The soldier ultimately pled guilty to the offenses but was aggressively defended by GS&A during the sentencing phase of the trial. The sentencing case presented the soldier’s lengthy and distinguished military service record which compelled the military judge to only reduce the SFC by two ranks and impose a fine. The soldier avoided serving any time in jail and avoided both a dishonorable discharge and bad conduct discharge. He was allowed to retire.

Air Force Officer accused of making false claims and larceny serves no time in jail

An Air National Guard Officer called to active duty filed numerous interim accrual travel vouchers while on temporary duty. Upon the officer’s return, a final voucher was filed along with numerous receipts for lodging and related expenses. The officer was charged with making a false claim under Article 132, and Larceny under Article 121 for stealing more than $10,000 of government money. Our client was also accused of making a false official statement under Article 107. After a trial in front of the military judge, the prosecution sought 18 months in jail. We argued for no confinement, and in fact our client received no jail time.

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Obscenity, Computers, and the Internet

Sailor facing General Court Martial, GS&A gets court martial dropped

The Navy brought a sailor to a general court martial for one count of AWOL, 10 counts of missing movement, one count of false official statement, two counts involving child pornography. The government had computer images and signed statements of the sailor linking him to the child pornography allegations. By demonstrating that the investigators illegally searched the sailor’s computer, we convinced the military judge to suppress all evidence of child pornography. The government dropped these charges, dropped the court martial, and we convinced the prosecutors to allow our client to separate from the Navy without facing criminal prosecution for the AWOL and the missing movement charges.

19-year NCO acquitted of child pornography charges

A senior NCO former first sergeant with 19 years of experience was accused of child pornography possession. Based on our vigorous cross-examination of the government’s computer forensic expert during the court martial, we were able to convince the jury that the government had failed to prove that the NCO had knowingly accessed or downloaded child pornography onto his computer. The government was unable to respond to the defense attacks on the evidence and so the jury returned a finding of not guilty. The NCO was allowed to retire honorably after finishing his remaining year of service.

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Sexual Assault

Marine Corps E-7 acquitted of sexual assault

Marine Corps E-7 facing general court-martial for serious sexual assault allegations and related misconduct.  Complainant was a female NCO in the unit.  Full acquittal on all sexual assault allegations.  Convicted of only minor Article 92 violations.  No sex offender registration, no jail time.

Army officer not guilty of sex offenses, retirement saved

Retirement-eligible Army field grade officer facing allegations of sexual assault against civilian base employee.  Not guilty on all sexual assault offenses, no sex offender registration, and million-dollar retirement saved.

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Child Abuse and Other Violent Crimes

Air Force NCO not guilty of child abuse

Air Force NCO charged with battery of a child. GSA’s skillful analysis of child’s social worker interview exposed the biases and flaws of the investigation. Airman fully acquitted, career saved.

Company grade officer acquitted of domestic assault after being accused by estranged spouse

GS&A was successful in getting first General Court-Martial dismissed for speedy trial violation. First proceeding also required two Article 32 hearings due to aggressive litigation at all stages of the trial. Government brought charges again. Through skilled motion practice, we were able to secure rulings prohibiting the Government from presenting expert testimony and keeping out substantial amounts of improper evidence. Officer was found not guilty of all charges and specifications after less than a half hour of deliberations.

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Drugs

Air Force captain tests positive for cocaine, prevails at discharge board

Air Force captain facing administrative separation after positive urinalysis for cocaine. GSA represented captain at discharge board in front of panel of O-6s. Aggressive challenge to collection and testing procedures, lab personnel records, and chain of custody resulted in full exoneration. Career saved.

Air Force NCO accused of multiple uses of methamphetamine.

Gagne, Scherer & Associates obtained expert forensic assistance in the field of psychology to prove that our client’s mental capacity was impaired, bringing the Government’s ability to pursue the case to a halt. GSA efforts saved client from a federal conviction and possible jail time, and we were able to negotiate an administrative discharge instead of trial by court-martial.

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