Recent Courts-Martial

• Mr. Cassara represented a Navy ensign accused of multiple acts of sexual harassment and conduct unbecoming an officer. The Article 32 (b) hearing officer recommended dismissal and the charges were later withdrawn. The member then went to Non Judicial Punishment (NJP) where he was found not guilty of the majority of the charges against him.

• Mr. Cassara represented a Master Sergeant at Fort Jackson, SC who was charged with stealing over $50,000 in BAH funds and $50,000 in per diem. After a fully litigated trial the soldier was acquitted of the majority of charges against him. After sentencing the soldier was sentenced to a reprimand. He did not lose any rank any pay, or serve any confinement. As a result the soldier will be allowed to retire at his current grade or continue to serve, should he so desire. Going into trial the soldier was facing over 30 years confinement and a dishonorable discharge.
  
  This is one of the many cases Mr. Cassara has handled involving reservists mobilized in defense of their country who are being charged with larceny of government funds because of their receipt of housing allowances. If you are facing similar charges contact Mr. Cassara immediately.

• Mr. Cassara represented a soldier charged with involuntary manslaughter in the death of another soldier. Mr. Cassara succeeded in getting the charges withdrawn from a General Court-Martial and referred to a Summary Court-Martial where the most severe punishment the soldier could face is loss of pay and reduction to the grade of E-4. Mr. Cassara was able to do this despite the fact that the government originally believed his client was one of the more serious offenders of seven charged soldiers. Charges originally carried a maximum punishment of over 20 years confinement and a dishonorable discharge. (See Media page for more information.)
  
  UPDATE: At Summary Court-Martial the soldier was ordered to forfeit pay and was restricted to post but did not lose any rank!
  

• Mr. Cassara represented a soldier charged with involuntary manslaughter in the death of another soldier. Mr. Cassara succeeded in getting the charges withdrawn from a General Court-Martial and referred to a Summary Court-Martial where the most severe punishment the soldier could face is loss of pay and reduction to the grade of E-4. Mr. Cassara was able to do this despite the fact that the government originally believed his client was one of the more serious offenders of seven charged soldiers. Charges originally carried a maximum punishment of over 20 years confinement and a dishonorable discharge. (See Media page for more information.)
  
  UPDATE: At Summary Court-Martial the soldier was ordered to forfeit pay and was restricted to post but did not lose any rank!
• Mr. Cassara obtained an extremely favorable result for Army Master Sergeant accused of larceny, fraternization and making a false official statement. Mr. Cassara represented an Army E-8 with 19 years of active duty who was accused of numerous serious offenses. After charges were referred to trial Mr. Cassara succeeded in negotiating a plea agreement with the government in which the majority of the charges were dismissed. The soldier plead guilty to the remaining charges and was sentenced to a two grade reduction, allowing him to retire. Soldier will serve no confinement.
• Mr. Cassara represented an E-7 mobilized reservist at Fort Jackson who was accused of BAH fraud and larceny in the amount of $35,000. Charges were preferred with a recommendation for a general court-martial. Mr. Cassara successfully negotiated a resolution where the case was heard at a Summary Court-Martial. At the Summary Court-Martial the soldier was only required to forfeit a small amount of pay, and did not lose any rank. As a result, the soldier will REFRAD and return to his civilian job and be allowed to retire as an E-7 in the United States Army Reserves.
• Mr. Cassara represented an E-8 in the Army at Fort Jackson, SC. The Master Sergeant was one of several mobilized reservists Mr. Cassara has represented who are accused of BAH or Per Diem fraud. In this case, the NCO allegedly submitted a false lease claiming he was leasing a home he really owned. Court-Martial charges were preferred, and an Article 32 (b) hearing was scheduled. However, after Mr. Cassara became involved he was able to convince the chain of command and the prosecutor that the soldier had not received any money to which he was not entitled. As a result, all charges were dropped and the soldier received a local letter of reprimand for filing the false lease. He will be allowed to continue to serve on active duty.
• Mr. Cassara represented an NCO at Fort Jackson, SC who was originally charged with illegal association. After the Article 32 (b) hearing the Investigating Officer recommended the charge be upgraded to rape. Mr. Cassara succeeded in convincing the command and prosecutors not to bring rape charges but to allow the NCO to plead guilty to those charges he initially admitted to, illegal association. Decision allows the NCO to avoid a rape prosecution and potential sexual offender registration.
  
• Mr. Cassara represented a Marine officer who was suspected of giving an order to murder Iraqi detainees. The client was read his rights by NCIS for murder and investigated by both CID and the U.S. Attorney’s Office. After Mr. Cassara became involved he was able to negotiate a resolution that included no charges brought against his client in either Federal Court or a court-martial. As a result of Mr. Cassara’s efforts the Marine officer will be promoted and allowed to continue his career.
  
• Mr. Cassara represented an Army NCO who was suspected of taking part in the murder of three Iraqi detainees. When the NCO first contacted Mr. Cassara he was facing multiple murder charges. After Mr. Cassara became involved he was able to resolve the case in a manner that involved no charges being brought against his client. Decision allows this reserve NCO to REFRAD and return to his civilian life.
• An Army officer was suspected of conspiring with another officer to defraud the government of BAH funds. After retaining Mr. Cassara, and after Mr. Cassara investigated the matter, no charges were brought against the officer. The matter is now closed and the officer will continue with his career.
  
  NOTE: If you are suspected of a crime, contact Mr. Cassara before speaking to your command or the CID.
  
• An Army officer contacted Mr. Cassara after being accused of larceny of $58,000 in BAH funds. Charges were preferred against the officer and an Article 32 (b) hearing was scheduled. Mr. Cassara was able to negotiate a disposition at Article 15, meaning the officer will not be criminally prosecuted and will be allowed to retire.
  
• Mr. Cassara and Phil Cave represented an Army Captain in Iraq accused of BAH fraud. This reserve Captain was accused of creating a false Home of Record in order to obtain BAH to which he was not entitled. After charges were referred for trial and just weeks before trial was to begin Mr. Cassara and Mr. Cave succeeded in getting the charges dismissed and disposed of with a GOMOR.
  
• Mr. Cassara represented a reserve Army Lieutenant who was accused of creating a false lease in order to obtain BAH to which she was not entitled. After a hearing pursuant to Article 32, UCMJ, Mr. Cassara was able to have the charges dismissed and disposed of at Article 15. The officer will not be separated from the Army and will be allowed to continue to serve.
  
• Mr. Cassara represented a member of the U.S. Army Reserve who was suspected of defrauding the government of over $25,000. After charges were preferred Mr. Cassara succeeded in getting all charges dismissed. The Lieutenant Colonel will now be able to advance to the next highest grade and retire.
  
• Mr. Cassara represented an E-7 Drill Sergeant who was accused of attempting to rape a trainee. During the Article 32 (b) hearing Mr. Cassara extensively cross-examined the alleged victim. Based on this cross-examination the Article 32 (b) Investigating Officer recommended dismissal of the attempted rape allegation. As such, the case was referred to a summary court-martial where the most significant punishment the soldier can face is reduction of one pay grade. Had this case been sent to a general court-martial for attempted rape (as the government originally intended) the maximum punishment would have been life in prison without the possibility of parole, reduction to E-1 and a dishonorable discharge.
  
• Mr. Cassara secured an acquittal on all charges for an Army Captain charged with fraud. Mr. Cassara has seen a significant increase in the number of mobilized Army reservists accused of travel fraud. It seems like reservists in particular are being caught up in “Task Force Marshall” an Army C.I.D. operation investigating allegations of travel fraud by reservists. In this case an Army Captain was mobilized for several years. After being mobilized to Fort Gordon, GA the officer was accused of per diem and travel fraud of nearly $40,000. The government claimed the officer committed fraud by claiming per diem and lodging reimbursement for a home he purchased in the Fort Gordon area. After a fully contested trial the officer was acquitted of all charges. The decision allows the officer to remain in the military and to pin on 0-4.
  
  If you are a reservist being investigated for travel fraud do not make any statements before you speak to an attorney. Call Mr. Cassara for a free consultation on your rights.
  
• Mr. Cassara represented a soldier at Fort Benning, GA who was charged with two rapes, indecent acts, false official statement and indecent assault. Mr. Cassara succeeded in getting the two rapes and the indecent assault charges dismissed. Soldier plead guilty to indecent acts and false official statement. The Military Judge sentenced him to 30 days confinement and reduction from E-3 to E-1. As the soldier was in pre-trial confinement the net result was a total sentence of reduction from E-3 to E-1. As a result, the soldier will be allowed to continue to serve, will not have a rape conviction and will not have to register as a sex offender.
  
• Mr. Cassara represented an Army Major suspected of larceny of government funds through BAH fraud. At the conclusion of the case no charges were brought against the officer, he was allowed to REFRAD and he has since returned to his home station. The Army originally suspected the Major of collecting BAH funds to which he was not entitled for over five years after he was activated from the reserves. However, after Mr. Cassara got involved in the case it was resolved with a letter of reprimand.
  
  
  
• Obtained six months of clemency before Convening Authority for Airman convicted of rape and sentenced to two years confinement.
   
• Secured sentence of no loss of rank and no discharge for Air Force E-7 at a general court-martial. Senior NCO was originally charged with black-marketing over $13,000 worth of goods. Mr. Cassara was successful in getting the charges reduced to a single specification of Negligent Dereliction of Duty. The only punishment the airman received was a forfeiture of pay, a reprimand and hard labor without no confinement. He was not discharged, did not lose any rank, and did not go to confinement. The decision allows him to remain in the Air Force or, in the worst case scenario, retire at his current pay grade.
   
• Obtained sentence of no confinement and no discharge for soldier who was accused of shooting himself while in Iraq and with being AWOL for two years. Due to Mr. Cassara’s successful negotiations and advocacy, soldier was allowed to ETS with an honorable discharge without serving any confinement or losing any rank.
   
• Mr. Cassara obtained dismissal of all charges after Article 32 investigation for Army Chaplain (0-3) accused of refusing to deploy to Iraq, false official statement, and related offenses. Command sought a General Court-Martial. At the conclusion of the Article 32 hearing, the Investigating Officer stated “If this were a fight, I would have stopped it.” The Investigating Officer recommended dismissal of all charges, and the Convening Authority agreed.
   
• Mr. Cassara obtained a full acquittal in contested court-martial for rape. Despite the fact that the service member had given a detailed confession to C.I.D., Mr. Cassara successfully argued that the government had not met its burden of proof, and the soldier was found not guilty after a three day trial. REMINDER: If you are questioned about a criminal offense, you should speak to a lawyer before answering any questions. Mr. Cassara provides free consultations for service members suspected of crimes.
   
• Obtained dismissal of all court-martial charges for NCO charged with nearly $20,000 in travel allowance fraud. Decision allows soldier to keep his rank, and retire from the military.
   
• Obtained dismissal of all charges for Navy Master Chief charged with fraternization. Dismissal allows senior NCO to retire with full benefits at his current rate.
   
• Charges dropped against officer charged with rape.
  Air Force Major charged with rape. Prior to the Article 32 (b) investigation, Mr. Cassara interviewed all of the relevant witnesses. He provided the results of those interviews to Air Force prosecutors who, realizing they could no longer pursue the case, dropped all charges. Decision allows Major to continue with his career and get promoted to Lieutenant Colonel.
   
• Obtained acquittal on premeditated murder charge for NCO charged with murder of four Iraqis. Soldier pled guilty to felony murder but was acquitted of the more serious charge of premeditated murder. Soldier avoided the death penalty, and will be eligible for parole in ten years. (See Media  page for more information.
   
• Obtained dismissal of all charges for drill sergeant accused of sexual assault upon trainee. Charges were already referred to trial when Mr. Cassara succeeded in getting the case dismissed.
   
• Obtained full acquittal of an Army PFC accused of abusing prisoners at a U.S. military prison in Afghanistan.  The soldier faced 20 years confinement upon charges of dereliction of duty, maltreatment, assault, wrongful use of hashish and indecent acts, including allegations of physical violence and threats of rape. (See Media  page for more information.
   
• Obtained sentence of no confinement for soldier convicted of child abuse. Soldier originally found guilty of three charges at court-martial. After retaining Mr. Cassara for his appeal, Mr. Cassara succeeded in getting two of the charges thrown out. At sentence re-hearing, soldier sentenced to no confinement and no discharge. Sentence allows soldier to obtain back pay, and remain on active duty.
   
• Obtained retirement for NCO charged at court-martial with sexual harassment and indecent assault. E-7 charged with serious allegations of fraternization and indecent assault. Mr. Cassara was able to convince the command to refer the case to a summary court-martial, where the soldier was allowed to retire and did not receive any confinement.
   
• Obtained retirement at full rank for E-7 originally charged at court-martial with bribery, dereliction of duty, and disobeying a lawful order. Mr. Cassara convinced the government to dismiss the bribery and larceny charges. Soldier received only a monetary penalty, and no loss of rank or confinement.
   
• Obtained extremely favorable sentence for soldier charged at court-martial with attempted murder. Soldier found not guilty of attempted murder, but guilty of assault and sentenced to only six months confinement. Soldier was facing life in prison without the possibility of parole.
   
• Successfully negotiated dismissal of court-martial charges for NCO charged with BAH fraud. Government alleged that the NCO defrauded the government out of a large sum of money. After a thorough investigation, Mr. Cassara was able to demonstrate that the money was rightfully paid, and the charges were dismissed.
   

• Obtained dismissal of all court-martial charges for Army warrant officer charged with pre-meditated murder in death of Iraqi detainee. Mr. Cassara succeeded in getting the government to dismiss all charges prior to trial and refer the case to an Article 15. At the Article 15 hearing, the soldier received only a monetary penalty, and the Article 15 was filed in his restricted fiche, allowing him to get promoted and remain on active duty. As such, the warrant officer will retire at a higher pay grade.
   

• Secured retirement at full rank for NCO who pled guilty to fraternization with trainees before a court-martial. Government agreed to a disposition that allowed the NCO to keep all of his retirement.
   

• Obtained favorable result for soldier who twice refused to deploy to Iraq in a court-martial. After twice deserting his unit and claiming he was a conscientious objector, soldier was sentenced to only six months confinement, the majority of which had already been served.
   

• Secured retirement for USAF NCO who pled guilty to stealing $15,000 in government property in a court-martial. Government sought a sentence of four years confinement a bad-conduct discharge. Airman received a two grade reduction and one year confinement, and was allowed to retire.
   

• Obtained full acquittal for soldier charged with rape in Iraq in a court-martial. Soldier was accused of sneaking into the tent of a co-worker and raping her. Panel acquitted soldier of rape. He was facing life in prison without the possibility of parole.
   

• Secured dismissal of all charges for Army Chaplain facing a court-martial with charges with malingering and AWOL. Prosecutors contended the chaplain feigned injury to avoid deployment. After the Article 32 hearing officer recommended dismissal of all charges, the charges were withdrawn, and the chaplain remained on active duty.
   

• Obtained acquittal in a court-martial of all charges of NCO charged with shoplifting from PX in Germany. While the government had a video tape that allegedly showed the client removing large amounts of store merchandise, Mr. Cassara obtained an acquittal.
   

• Obtained acquittal for NCO charged with sexual assault of subordinate in a court-martial. E-7 was accused of serious sexual misconduct with subordinates, including sexual assault. Soldier was found not guilty of all charges, and has since been promoted to warrant officer.
   

• Represented service member in contested court-martial for murder, obtaining favorable result. Soldier facing murder charge and life in prison convicted of assault and sentenced to six months confinement.
   

• Obtained full acquittal for Army E-6 charged in a court-martial with numerous serious allegations of child sexual abuse. Drill sergeant acquitted of all charges and allowed to remain in the service.
   

• Obtained full acquittal in a court-martial for Army E-7 recruiter charged with sexually assaulting several recruits. Five recruits alleged their recruiter sexually assaulted them. Soldier acquitted of all charges.
   

• Obtained full acquittal in a court-martial for Army E-7 charged with housing allowance fraud. Government alleged soldier collected BAH to which he was not entitled. Military judge acquitted him of all charges.
   

• Obtained acquittal on most serious charges for soldier charged with attempted murder in a court-martial.
   

• Obtained full acquittal for officer charged with larceny of government funds at a court-martial.
   

• Obtained extremely favorable result in a court-martial for an NCO charged with assaulting one of his troops.
   

• Obtained acquittal in a court-martial for female NCO charged with sexual offenses. Soldier alleged to have engaged in consensual sex with a fellow soldier, after claiming she was assaulted. Acquitted of all charges.
   

• Obtained acquittal for E-7 drill sergeant charged with sexually assaulting trainees in a court-martial.
   

• Obtained extremely favorable result in a court-martial for an E-6 charged with spousal abuse.
   

• Obtained full acquittal for Air Force E-3 charged with aggravated assault in a court-martial. Airman charged with violent assault on fellow airman. Military Judge acquitted him of all charges.
   

• Represented Army E-8 in a court-martial charged with IMPAC credit card fraud allowing NCO to keep his retirement.