Military Attorney Stephen P. Karns
Here are just a few examples of actual cases including courts-martial and administrative separation boards, where Mr. Karns achieved positive results in defense of his clients.*
Client was a Cryptologic Petty Officer First Class and Senior Analyst in the Navy Reserve with a Top Secret clearance and eleven years of service. Client tested positive for “meth” at a level of 6704 ng and also had a previous DWI conviction. Client hired Attorney Karns to represent him for an Administrative Separation Board Hearing. Although Client could provide no particular explanation regarding how or why he tested positive, Attorney Karns presented an “innocent ingestion” defense to the Board based on the premise that the circumstances of Client’s ingestion need not be known for the ingestion to nevertheless be innocent. Attorney Karns also presented character witnesses in the Client’s behalf, including co-workers and witnesses from Client’s civilian life. The Board found that there was insufficient evidence to conclude that Client knowingly ingested meth. Client was retained in the Navy and will be able to reacquire his civilian job.
Client was an Army Reserve Specialist who tested positive for THC and whose command was administratively separating him with an Other Than Honorable Discharge. Client hired Attorney Karns to attempt to get him the best possible outcome. Attorney Karns was able to obtain Client an Honorable Discharge which saved the character of Client’s career and alleviated his civilian employment concerns moving forward.
Client was an Army Captain with sixteen years who tested positive on a urinalysis for THC after ingesting marijuana cookies over the Thanksgiving holiday. After Client was informed he tested positive, he hired Attorney Karns to represent him. Client’s command initiated an Article 15 against Client and Attorney Karns assisted Client in developing and presenting a defense of “innocent ingestion” to his command. The CG found the Client not guilty, and he was able to continue his career without any further adverse action or punishment.
Client was an Army PFC who was accused by the daughter of an Army Sergeant of attempted rape on two separate occasions. Client met his accuser at a local bar where they drank and danced prior to her driving them back to his barracks. The accuser accompanied Client to his room and later claimed that he attacked her and attempted to remove her clothing and have sex with her before she could escape. Client hired Attorney Karns to defend him regarding a potential court-martial in this “he said/she said” case. After a long investigation, Client’s battalion command declined to prosecute him, but instead insisted he be given a Letter of Reprimand (LOR) for “using force to commit abusive sexual contact” and for having “committed the offense of attempted rape.” Attorney Karns submitted a rebuttal to the LOR on the Client’s behalf exposing the many weaknesses of the investigation. Attorney Karns’ rebuttal persuaded the battalion commander to rescind his LOR. Thus, Client was able to avoid the career ending consequence of having an LOR for abusive sexual contact and attempted rape filed in his Army Military Human Resource Record, and he continued to move forward with his career.
Client was a Lieutenant and pilot instructor in the Navy with eight years of service who came under investigation for abusive sexual contact of a female pilot instructor while they attended an off-base flight event. The night that the alleged incident occurred, Client was brought by EMS to a local hospital after being detained by a civilian police officer for public intoxication. The next day the female pilot instructor accused Client of abusive sexual contact. Client hired Attorney Karns to contact his command in an attempt to resolve the issue and avoid charges under the UCMJ. Client received a Letter of Instruction regarding his violation of the alcohol policy and no further action was taken regarding the allegations of abusive sexual contact.
Client was a WO1 with 8 years of Army service who came under investigation for sexual assault while he was TDY at Fort Eustis. Client had gone out to a local bar with a fellow Soldier and at the end of the night when Client and his friend were outside the bar getting a cab, they noticed an intoxicated female USAF Lieutenant getting sick in the parking lot. After she told them she needed a ride, Client and his friend loaded her into their cab, rode back to Client’s hotel, and brought her to Client’s room where they spent the night. One week later, Client was called in by his XO, handcuffed, and turned over for interrogation by civilian detectives regarding the sexual assault of the female Lieutenant while she was passed out in his room. The same day Client hired Attorney Karns, Attorney Karns contacted Client’s command and the command’s legal advisor to inform them that he represented Client. Client was ultimately cleared of wrongdoing by both the civilian and military authorities.
Client was a Sergeant with 9 years of Army service who had a SHARP complaint filed against him for abusive sexual contact by an underage female Soldier. Client had a party at his apartment at which the female Soldier became intoxicated and passed out. Client woke up the next morning and the female Soldier was in his bed. Further, Client admitted there was a previous instance in which the same underage female Soldier had become intoxicated at his apartment and passed out in Client’s bed. Client hired Mr. Karns who contacted Client’s commander and the commander’s legal advisor to inform them that he represented Client. Client was ultimately cleared of wrongdoing by military authorities.
Client was a Staff Sergeant in the Army with fifteen years of service who came under a CID and civilian law enforcement investigation for sexual assault of a minor. The accuser was a fifteen year old girl who was the daughter of a family friend. Client had taken the accuser along with his two daughters on a trip to visit his extended family several states away. The accuser’s mother and Client’s wife did not make the trip. The accuser alleged that during this trip Client had sexual intercourse with her and that she said “no” but did not resist. After a joint interview with CID and a county prosecutor, Client’s finger prints were taken along with his picture and DNA. Further, Client was flagged and removed from his duties as a recruiter. Client hired Attorney Karns who contacted Client’s command and the command’s legal advisor to inform them that he represented Client. Subsequent to a five month investigation, Client’s command preferred no charges, removed Client’s flag, and Client was returned to recruiting duties.
Client was a Corporal in the U.S. Marine Corps stationed in Okinawa who was charged with assault, drunk and disorderly, provoking speech and gestures, and false official statement. The charges resulted from a fight with three other Marines after Client had consumed alcohol and was accused of making derogatory and harassing comments towards a female Marine. Client was put on legal hold, an investigation was opened, and Client hired Attorney Karns to defend him. Client’s command intended to prefer charges against Client for a special court-martial with the intent to offer a plea deal which included an Other Than Honorable Discharge. Attorney Karns was able to persuade the command to instead impose nonjudicial punishment on Client who was subsequently retained in the Marines Corps.
Client served in the Army for three years but had been AWOL since 2004 when he was apprehended on a warrant eleven years later. Client hired Mr. Karns to defend him at a court-martial for desertion. After Client’s command preferred charges against Client, Attorney Karns was able to persuade the convening authority to approve a Chapter 10 discharge in lieu of trial by court-martial. Client was separated from the Army without a criminal conviction or jail time.
Client enlisted in the Army in JUN 10 and reported to Fort Sill for basic training and then Fort Leonard Wood for advance training. Client was then stationed at Fort Riley. After a short leave, Client discovered she was pregnant. Her pregnancy was not welcome news to her company commander, who required her to work beyond the limits of her profile. A short time later, Client had a miscarriage. Client became pregnant again the next year and had the same difficulties in her unit. A civilian doctor confirmed that she was presenting symptoms of a possible miscarriage, so Client left the Army, fled to Kuwait, and was AWOL for two years. Client and her husband wanted to resolve her case so she could return to the United States and join her husband. Client hired Attorney Karns who arranged for Client’s speedy return to Fort Riley upon entering the country. Client was given an Art. 15 and administratively separated with no criminal conviction and no jail time.
Client enlisted in the Army, completed OSUT, and reported to Fort Campbell for his first duty assignment. After three months, Client went AWOL and remained so for over four years. Client hired Attorney Karns to assist him in resolving his case. Once Client returned to Fort Campbell, the legal office responsible for handling his case insisted to Attorney Karns that the military justice policy regarding the legal course of action for a Soldier gone four plus years was only court-marital. After one and a half months of working the case, Attorney Karns was able to persuade the command to agree to an Art. 15. Client was separated a month and a half later with no criminal conviction, no loss of pay, and no jail time.
Client enlisted in the Marine Corps and deployed to Helmand Province, Afghanistan, for seven months of counterinsurgency operations. When Client returned to garrison, he had difficulty adjusting. Not being the “type” to seek mental health assistance, his morale deteriorated, and he went AWOL for two years. Client hired Attorney Karns when he was arrested. Attorney Karns reached an agreement with Client’s command for him to be administratively separated and with no criminal conviction.
Client enlisted in the Marine Corps, completed boot camp, but never returned for SOI. Client was AWOL for one year when he was arrested and returned to Camp Geiger. Client’s family hired Attorney Karns to assist Client, Attorney Karns negotiated with Client’s command for his administrative separation. Client was discharged and received no criminal conviction.
Client was a Cpl in the USMC charged with four specifications of assault and a specification of drunk and disorderly conduct, all of which were referred to a special court-martial. Client hired Attorney Karns to defend him. Client had accumulated three years of service and did not want to be separated from the USMC or receive a criminal conviction. Attorney Karns persuaded Client’s command to agree a pretrial agreement in which Client received a summary court-martial and was retained in the USMC.
Client was a CW3 in the Army who was brought back from retirement and investigated for a six year old allegation of sexual assault from an incident that occurred while he was in Iraq. Client hired Attorney Karns who persuaded Client’s command to move forward only with a GOMOR for adultery. Client was able to retire without being administratively separated.
Client was a Machinery Technician (MK3) in the Coast Guard for 4.5 years who was accused of rape by his wife. Client hired Attorney Karns who immediately contacted Client’s command and had Client start compiling evidence of his good character. As a preemptive strike against the wife’s allegation, Attorney Karns submitted the many excellent character letters from Client’s supervisors, coworkers, and others. After bolstering Client’s credibility, his command dropped the charges and took no further action.
Client was a married female CPT in the Army with twelve years of service who carried on a long-term extramarital affair with another male CPT in her unit. The affair produced two children over two years and paternity of the children was determined by a court order. Client hired Attorney Karns after she was flagged and under investigation. The BG at Client’s command gave her a GOMOR and elimination action was initiated. Attorney Karns was able to persuade the BG to approve Client’s discharge in lieu of elimination proceedings with an Honorable Discharge.
Client was a PFC in the Army accused of fraud for loading his truck with patio stones for a DITY move to his next training school. His command initiated an investigation against him. Client hired Attorney Karns to defend him. Client’s goal was to move on as quickly as possible so as not to miss the opportunity of attending his next school. Attorney Karns negotiated with Client’s command and his legal advisor for a reduced punishment: Client received a company grade Art. 15, no reduction in rank, no records were placed in his file, and he was allowed to PCS, which he did six weeks after the initial allegation.
Client was a PV2 in the Army who completed training but failed to report to Fort Carson, Colorado, his first duty station. After being AWOL for approximately one year, Client hired Attorney Karns to seek an administrative separation from the Army. Client reported to Fort Carson and Attorney Karns contacted Client’s command and the command’s legal advisor in order to request that Client be administratively separated from the Army. Attorney Karns persuaded Client’s command to decline to prefer any charges against Client and instead give Client an Article 15. Attorney Karns also persuaded Client’s command to grant Client a General Discharge.
Client was a SrA in the Air Force whose wife accused him of domestic violence and gave the security forces a written statement. Client hired Attorney Karns. Client’s wife, with Attorney Karns, completed an Affidavit of Nonprosecution (ANP) and explained what really happened. Attorney Karns submitted the ANP to Client’s command. Client’s command dropped the charges and took no further action.
Client was a SSG in the Army who tested positive for methamphetamine (meth). Client took ephedra in the form of a legal over-the-counter supplement. Client’s command read him the first part of an Art. 15 and Client hired Attorney Karns. Attorney Karns obtained Client’s internet order history, a letter from a pharmacist who affirmed that ephedra use can result in a positive urinalysis for meth, and various published studies which corroborated the pharmacist’s opinion. Attorney Karns packaged this evidence along with good character letters and his written argument to the command requesting that it rescind the Art. 15. Client’s command rescinded the Art. 15 prior to the second reading and took no further action.
Client was a Warrant Officer in pilot training when he came under investigation for following women in the PX and taking inappropriate pictures. Investigators pulled Client from training and took him in for an interrogation where they confiscated his phone. While he was being interrogated, additional investigators served a search warrant on his wife at their home and searched their home. Investigators seized Client’s work and personal laptop computers and other computer equipment and phones. Client hired Attorney Karns who immediately contacted Client’s command and the command’s legal advisor. After discussing the case with Attorney Karns, Client’s command agreed that it would not file any charges or take any adverse action against Client. Client was reintegrated into pilot training in less than one week after hiring Mr. Karns.
Client was an activated reserve SGT in the Army with nine years of service who was under investigation for BAH fraud. The government alleged Client changed his home of record address to his friend’s house in San Francisco right before his activation in order to collect a higher BAH. Client received an extra $20,000 during his activation. The investigation revealed that Client’s dependents remained at his previous address. Subsequent to being questioned by CID, Client hired Attorney Karns to represent him. Attorney Karns contacted the Client’s command and the trial counsel who agreed to give Client an Art. 15 and an Honorable Discharge.
Client was an Army Captain with sixteen years who tested positive on a urinalysis for THC after ingesting marijuana cookies over the Thanksgiving holiday. After Client was informed he tested positive, he hired Attorney Karns to represent him. Client’s command initiated an Article 15 against Client and Attorney Karns assisted Client in developing and presenting a defense of “innocent ingestion” to his command. The CG found the Client not guilty, and he was able to continue his career without any further adverse action or punishment.
Client was an Army Reserve Captain with fourteen retirement years accrued when he received a GOMOR for texting an inappropriate and offensive image to his supervisor, a LTC. Claiming the text was a deliberate and hostile act toward her meant as a threat or to intimidate, the LTC had made a SHARP complaint against the Client. Client hired Attorney Karns to assist Client in convincing the command to file the GOMOR locally in order to avoid an HRC initiated elimination action. Attorney Karns and Client successfully convinced the CG that the text was meant for the Client’s wife, and the CG filed the GOMOR locally.
Client was an Army Specialist who had earned an ARCOM for his service in Iraq. After returning to garrison, Client suffered a serious injury requiring multiple surgeries over an extended period which limited his ability work in his MOS. The Army found that the injury was not in LOD; however, the VA found that it was. Client also suffered from PTSD and was on a host of medications due to his injury. Client asked for help from his command, but his new company commander simply told him to “suck it up.” Client received relentless counselings from his new commander, and soon thereafter he received three Art. 15s for being late and disrespectful. Further, Client’s command recommended that he be separated administratively for misconduct with an Other Than Honorable Discharge. This would leave Client with no medical benefits to care for or rehabilitate his injury. Client hired Mr. Karns to get his administrative separation for misconduct dropped so his medical separation would be approved. Attorney Karns contacted Client’s command and the legal advisor for the command and was able to halt the separation for his misconduct so that the command could reconsider Client’s medical condition. After some months of negotiation, Attorney Karns was able to not only have the administrative separation with OTH rescinded, but he was able to get the Client medically discharged with an Honorable characterization of service.
Client was an E-1 in the Navy who tested positive for Valium on a squadron-wide urinalysis after returning from Christmas leave. In addition, Client had a previous Captain’s Mast for drinking while on a duty status. Client hired Attorney Karns after he learned of the test results and was notified that he would be facing another Captain’s Mast. After listening to Client and learning that Client’s grandmother gave him the Valium to help him sleep while staying at her home for the holidays, Attorney Karns believed that Client had a defense of innocent ingestion and assisted Client in presenting this defense at his DRB. After XOI, Client’s command decided to decline to proceed to Captain’s Mast; thus, Client avoided separation from the Navy.
Client was an E-6 in the Air Force and was charged with BAH fraud in the amount of $97,000. Client received accompanied tour orders to Mildenhall AFB; however, he PCS’d alone because his wife’s visa was not ready. After he arrived, he modified his orders reflecting that his wife did not travel with him which made him eligible for BAH based on her location at Elmendorf AFB and OHA for his rent at Mildenhall. When Client’s wife arrived six weeks later, Client did not stop his BAH, and he continued to collect $1,800/month in BAH along with his OHA for the next four years. When Client PCS’d to Minot AFB, Finance noticed that Client was collecting BAH for his wife despite her location at Mildenhall. Client hired Attorney Karns for the Art. 32 hearing and court-martial where Client was found not guilty after the panel deliberated for 30 minutes.
Client was an E-8 in the Army and charged with sexually assaulting his 17 year old step-daughter. After high school graduation, Client’s step-daughter joined the USMC and reported to her command that Client had snuck into her bedroom and assaulted her. Prior to Client hiring Attorney Karns, NCIS set up a pretext phone call where Client’s step-daughter made a recorded call to Client accusing him of the assault. Client did not deny the accusation and tried to explain that “a lot of things happened,” and he would rather talk to her in person. Subsequent to the Art. 32 hearing, Client requested administration separation under Ch. 10, but the CG denied Client’s request. Subsequently, after the government failed to announce ready for three straight trial settings, Attorney Karns filed a motion to dismiss based on the Client’s right to a speedy trial. Further, Client submitted another request for an administrative separation under Ch. 10. On the Saturday before the latest trial setting, and against the step-daughter’s wishes, the CG granted the Ch. 10. Thus, Client was spared from a potential conviction of sex assault, having to register as a sex offender, and serving multiple years in confinement.
Client was an Ensign in the Coast Guard who went AWOL shortly after boarding his assigned Cutter. He disembarked mid-deployment and flew to Europe and then to Canada. Client hired Attorney Karns to handle his case and negotiate his return to USCG custody. Attorney Karns contacted the USCG Investigative Service and facilitated Client’s voluntary surrender to and direct transfer from customs to the USCGIS custody. USCGIS returned Client to Chesapeake Brig and Client’s command preferred charges against him. Attorney Karns represented Client at his pre-trial confinement hearing and secured Client’s release. Attorney Karns then submitted a separation package in Client’s behalf, which included his argument for Client’s administrative separation with an Honorable Discharge, Client’s medical records, and good character letters. Client’s command dropped the court-martial in favor of a captain’s mast and released Client with an Honorable Discharge.
Client was a SSG in the Army who was pending a medical board. However, in the meantime, Client tested positive for THC on three occasions over a month’s time with levels of 568ng, 34ng, and 35ng. Client’s command contemplated what action to take against Client for wrongful use of a controlled substance. Client hired Attorney Karns, and Attorney Karns contacted Client’s command on his behalf. Client’s command agreed to only impose an Art. 15 and allow Client to continue his medical separation. Instead of a separation for misconduct and a less than Honorable discharge, Client medically separated with an Honorable Discharge, thus preserving all of Client’s benefits.
Client was an Army Staff Sergeant with seven years of service. Client tested posted for amphetamines on a routine drug screen. Client was immediately flagged for adverse action for drug abuse and an involuntary separation for misconduct. Client hired Attorney Karns to represent him for his Art 15. Attorney Karns arranged for Client to take a polygraph through a civilian polygrapher in order to prove Client’s innocence. Client passed the polygraph. Attorney Karns was able to persuade Client’s commander that it was a case of innocent ingestion (Client unknowingly took his wife’s medication), and Client was found “not guilty” by the commander. Client’s flags were removed and he was able to continue his Army career without hindrance.
Client was a Lieutenant who was deployed to an Advance Operation Base where a Soldier was accidentally killed during a vehicular movement. An investigation determined that the Client should be reprimanded because it was one of his Soldiers that was at fault for the accident. The investigation alleged that the Client had failed to supervise the Soldier and failed to properly train him regarding ground guiding procedures for tactical vehicles. Client hired Attorney Karns to defend him against the contemplated reprimand for the death of the other Soldier. Attorney Karns contacted Client’s Battalion commander and informed him that Client was previously a Battalion Maintenance Officer and had trained his Soldiers regarding ground guiding procedures in camp, in and around fuel points, and in-country when the terrain was difficult. In addition, Attorney Karns asserted that Client was a superb young officer with enormous potential for a long and valuable career, and it would be unfair to reprimand Client for the tragedy when the Battalion itself had no printed policies, regulations, or signs posted in the Camp regarding the ground guiding protocols. Client’s command took no adverse action; Client has since been promoted, made a company commander, and has no unfavorable information in his file.
Client, who had only been in the Army for under a year, was apprehended by military police as he entered the Global Reach gate on Fort Bliss due to an odor of alcohol emanating from his vehicle. Client failed the sobriety tests that were administered, and a breathalyzer revealed his blood alcohol concentration to be .11%. Client was arrested; his car was impounded; and he was placed on restriction and flagged for legal action. He faced a federal prosecution for DWI and separation from the Army. Client gave a sworn statement to his commander and then decided to hire Mr. Karns. Attorney Karns immediately contacted his command and requested that they refrain from imposing any prosecution or separation action. Client enrolled in ASAP, kept a good attitude and performed his duties. Even though the trial counsel pushed for a DWI case to be prosecuted in federal court, Mr. Karns advocated for Client to receive an Art. 15 and no separation. The Client’s commander agreed with Mr. Karns: an Article 15 was imposed, the federal case was dropped, and the Client was retained. Client suffered no criminal conviction for DWI, no driver license suspension, and no separation.
Client was a 1LT in the Army stationed at Kadena AB, Okinawa, Japan. Client’s apartment was raided by local officials and CID as a location where child pornography had been downloaded. Several electronic items were seized, including external hard drives, USB “thumb” drives, a cell phone, and a laptop computer. On the various media and devices, a forensic examination revealed 983 image files and 41 multimedia (movie) files of suspected child pornography. Client hired Attorney Karns to assist him avoid the onerous consequences of a prosecution. Client’s command agreed to allow him to resign in lieu of a court-martial thus avoiding any jail time, a criminal conviction, and having to register as a sex offender.
Client was a SFC and recruiter in the Army with 13 years. While Client was at the Senior Leaders Course, Client received a GOMOR and a Notification of Intent to Relieve due to being aware that other recruiters in his Company and station were guilty of having inappropriate relationships with applicants and failing to report such activity to the chain of command. Client faced removal from recruiting duty due to unsuitability, possible filing of the GOMOR in his permanent records, and reassignment outside the U.S. Army Recruiting Command. Client hired Attorney Karns to rebut the GOMOR and persuade the commanding General to rescind the Intent to Relieve. The commanding General rescinded both actions, and the Client continued his recruiting duty with no adverse action taken or placed in his file.
Client was a Captain and physician in the U.S. Air Force who tested positive on a urinalysis for THC. Client claimed that she had unknowingly eaten “pot brownies” at a party over the holidays which caused her to test positive. The Client’s medical credentials were immediately placed in abeyance while OSI investigated, and she was removed from her position as the director of her medical clinic and from performing her other patient-related duties. Client hired Attorney Karns to rehabilitate her status with the Credentials Committee and defend future legal action by her command. Mr. Karns helped Client get her clinical privileges restored while she was still under investigation. After the Art. 32 hearing and after the command referred charges, Client passed a civilian polygraph exam regarding whether or not she innocently ingested the pot brownies. Client’s command subsequently agreed to dismiss the charges with no resulting adverse career consequences for Client.
Army SPC was charged with obstruction of justice and false official statement at a special court-martial for allegedly assisting a fellow soldier who was charged with rape. Client came under investigation after the fellow soldier was charged and witnesses claimed that Client assisted the soldier by destroying evidence. Mr. Karns traveled to Balad, Iraq to represent Client at the court-martial where he was found not guilty. Client soon redeployed back to the States and received an Honorable Discharge.
In 2004, Mr. Karns traveled to Baghdad, Iraq, where he represented a U. S. Army Soldier accused of abuses in the Abu Ghraib prison scandal. Mr. Karns guided and counseled his client, a decorated Military Intelligence Soldier through the plea bargain process securing him one of the lowest sentences among those Soldiers sentenced to confinement. Mr. Karns obtained this result by zealously defending his client in the sentencing phase of the proceeding, presenting extensive extenuation and mitigation evidence in his client’s behalf. You may have seen or read of Mr. Karns’ handling of this case on CNN, ABC, the Associated Press, or your local news. Mr. Karns has also appeared on NBC as a commentator on military law matters.
Client was a married Army Specialist stationed at Fort Leonard Wood who was pending a medical board when he came under investigation for sexual assault, communicating a threat, and adultery. Specifically, Client was accused of having consensual sex w/his neighbor’s wife while her husband was deployed. However, when her husband returned, the wife claimed that Client had raped her. Client was facing a criminal conviction for rape, confinement, a dishonorable discharge, and registration as a sex offender. Client hired Mr. Karns who contacted Client’s command and persuaded it to impose an Art. 15 allowing Client’s pending medical board to go through. Client was discharged with no criminal conviction, no jail time, no punitive discharge, and no sex offender registration.
Client was a USAF Airman Basic in training at Lackland AFB. He and a group of his fellow male and female trainees rented a hotel room and went out to drink at various clubs. When they returned to the hotel room, Client had sex with a fellow female trainee who was married. After returning to Lackland the next day, and after hearing Client tell other trainees that they had sex, the female trainee claimed that Client raped her. Client was charged with sexual assault and faced a general court-martial. Client hired Mr. Karns who developed evidence in the case favorable to the Client and presented it to the JAG prosecutors. As a result, the charges were dropped prior to the Art. 32 hearing, and Client was administratively separated for other minor misconduct with no criminal conviction, jail time, or sex offender registration.
Client was a married Army Sergeant at Fort Polk who was accused of sexually assaulting a female PFC. The allegations arose because Client’s wife found text messages between Client and the female PFC and confronted the female Soldier, who then claimed that Client sexually assaulted her. Client was facing a general court-martial, confinement, dishonorable discharge, and sex offender registration. Client hired Mr. Karns who persuaded Client’s command to agree to an administrative separation. Client was separated with no criminal conviction, jail time, or sex offender registration.
Client was a 41 year old Army Staff Sergeant stationed in Hawaii at Schofield Barracks. He was accused of paying for sex with a sixteen year old girl, who was a military dependent, but was kidnapped and forced into prostitution. The minor girl later escaped her captors and when she was with her mother at the PX, identified Client as one of the men who had paid to have sex with her during the time she was forced to be a prostitute. The girl’s mother saw Client’s last name and rank on his uniform. CID found only one Soldier with that name and rank and after an interview, conducted a line up from which the girl identified Client. Client was read an Art. 15 and hired Mr. Karns. Attorney Karns presented to Client’s command an extensive packet of evidence that established an alibi for Client; highlighted inconsistencies in the witness statements against Client; and established a timeline that showed it was impossible for Client to have been the Soldier identified by the girl. The presentation also included good character statements in behalf of the Client, his awards, NCOERs, and bank records for the ablibi. After consideration of Attorney Karns’ presentation, Client’s commander found Client not guilty at the Art. 15.
Client was a MK3 in the U.S. Coast Guard who was accused by his ex-girlfriend, a U.S. Coast Guard Seaman, of rape, attempted rape, and harassment. Client was immediately barred from entering the Coast Guard Yard where he worked, and he was subject to a Peace Order issued by a civilian District Court. Client hired Mr. Karns who immediately began to assemble overwhelming support for Client from his co-workers and supervisors who unequivocally vouched for his superior moral character and work ethic. Attorney Karns was able to persuade Client’s command that his claim of innocence along with his credibility were enough to make the case problematic moving forward. In the end, the Admiral decided no action would be taken and Client was discharged with an honorable discharge.
Client was an Army Sergeant at Fort Carson who came under investigation for BAH fraud because he bragged to a classmate while they were on TDY training that he was still receiving BAH even though he had been divorced for several months. The classmate reported Client’s remarks to command who notified CID. After Client confessed to CID, he hired Mr. Karns to represent him. Attorney Karns contacted Client’s command and persuaded command to issue an Art. 15 rather than prosecute after Client voluntarily repaid the wrongfully obtained $12,000 of BAH. Furthermore, the command agreed not to administratively separate Client.
Client was a Specialist in the Army who enlisted under the Special Forces enlistment option after completing two years of college. He completed OSUT, Airborne school, and two years of additional Special Forces training. However, after his extensive training, he concluded that he could not be a Soldier. After suffering ridicule from his fellow Soldiers, he went AWOL and flew to Argentina on a foreign passport. He had been AWOL for one year when he hired Mr. Karns to help him return to the United States and resolve his military case. Mr. Karns contacted the embassy, assisted Client to obtain a temporary passport, and Client flew to the United States. Once here, Mr. Karns contacted the Client’s unit, and the unit out-processed Client with an administrative separation and no jail time or conviction.
Client enlisted in the Army National Guard (ARNG) for a term of three years and was activated for OSUT at Fort Leonard Wood (FLW). Two days before he was scheduled to report to MEPS and ship out to FLW, he changed his mind and failed to report. Client was threatened by the unit with arrest, jail time, and a dishonorable discharge. Client hired Mr. Karns who intervened on Clients’ behalf, negotiated an Entry Level Separation from the ARNG without Client being arrested or having to return to military control.
Client was an Army PFC who served for two years and went AWOL for four months from Fort Campbell. Client was apprehended and returned to Fort Campbell to face UCMJ charges. Client also had two positive urinalysis tests after he was returned to Fort Campbell. Client hired Mr. Karns who negotiated Client’s administrative separation with no jail time or conviction, and Client received a General discharge.
Client enlisted in the Army National Guard (ARNG) and was activated for training. After he enlisted, Client changed his mind and failed to report for his flight to Fort Benning for training. Client hired Mr. Karns who negotiated an Entry Level Separation from the ARNG without Client being arrested or having to return to military control.
Client was a Marine who went AWOL for one month from Camp Pendleton because of the mistreatment he received in his new company. Client was afraid to turn himself in for fear of being prosecuted and receiving a jail sentence. Client hired Mr. Karns and turned himself in. Mr. Karns persuaded Client’s command to agree to administratively separate him with no criminal conviction and a General discharge.
Client went AWOL for two weeks during his training from Camp Pendleton because he failed to disclose previous drug use on his application. Client was afraid to turn himself in for fear of being prosecuted and receiving a jail sentence. Client hired Mr. Karns and turned himself in. Mr. Karns persuaded Client’s command to agree to administratively separate him without any charges of fraudulent enlistment and without an NJP. Client received a General discharge.
Client was AWOL for three months from Fort Myer, Virginia and was apprehended. Client’s family hired Mr. Karns who negotiated Client’s administrative separation with no jail time or criminal conviction, and Client received a General discharge.
Client was a Soldier who was supposed to ETS but was suddenly “stop-lossed” for a deployment to Iraq. Client panicked, went AWOL for one day and missed movement. Client returned to his unit, and after a psychological evaluation, Client was told that he would be administratively separated. Client’s company commander intervened and told him he would be going to Iraq regardless of the results of his evaluation. Client went AWOL again, this time for eight years. Client was apprehended and hired Mr. Karns. Mr. Karns negotiated with Client’s command to have him administratively separated in lieu of trial by court-martial with no jail time and no criminal conviction.
Client was a SFC and recruiter in the Texas Army National Guard who was just six months from retirement when he tested positive for THC on a urinalysis. Client’s command wanted to administratively separate Client with an Other Than Honorable Discharge. Client hired Mr. Karns who immediately helped Client assemble evidence of his years of proficient service and obtain letters from his colleagues regarding their high of opinion of his integrity, service, and loyalty. Attorney Karns presented this evidence to Client’s command and successfully persuaded them to agree to allow Client to retire with an honorable discharge.
Client was an Army MSG with seventeen years when he came under an FBI investigation because sensitive goverment items were found for sale on his wife's eBay account. The FBI searched his home where they found approximately $150K of government property, in addition to the $150K of government property that had already been sold through the eBay account. Client was charged with Larceny of greater than $250K, stealing SAPI plates from his soldiers and False Official Statement. Client hired Mr. Karns regarding his pending court-martial. Client faced over 25 years of confinement, reduction to E-1 and a dishonorable discharge. After the Article 32 hearing, Mr. Karns convinced Client's command to administratively separate Client after Client agreed to pay the government restitution for the unrecovered property, thus achieving Client's goal of avoiding criminal conviction and jail time.
Client was an Army Private who was apprehended after being AWOL for eight years. Client never had a problem getting work or passing a background check (even worked for some security companies) and because of this thought he had long since been discharged. He got married, bought a house and was a stay-at-home dad for three young children when he was apprehended. Client hired Mr. Karns to try and get him an administrative discharge. Client's chain of command had little sympathy for Client and insisted on a court-martial. Mr. Karns was determined to get client back to his children as soon as possible and submitted a request for a discharge in lieu of court-martial trial. Although he had "little" support from his counterparts in military justice, he continued to advocate for his Client up the chain of command and was able to convince the convening authority that an administrative discharge was best for both the Army and the Client. Client's request was approved and he was administratively separated with a General Discharge.
Client was an SFC and recruiter in the Texas Army National Guard who was just six months from retirement when he tested positive for THC on urinalysis. Client's command wanted to administratively separate Client with an Other Than Honorable Discharge. Client hired Mr. Karns who immediately helped Client assemble evidence of his years of proficient service and obtain letters from his colleagues regarding their high opinion of his integrity, service and loyalty. Attorney karns presented this evidence to Client's command and succesfully presuaded them to agree to allow Client to retire with an Honorable Discharge.
Client was a Private who left the Army during training due to various medical and other issues. Client was AWOL for four years when he was arrested and placed in county jail. Client hired Mr. Karns to represent him, hoping to avoid any jail time. Client was administratively separated from the Army with no jail time and no criminal conviction.
Client joined the Army National Guard in 2005 and completed OSUT in the spring of 2006. Through his experience in training, Client knew the Army was not for him but, facing homelessness, he enlisted in the active Army in APR 07 and reported to Fort Hood. Other Soldiers teased and harassed Client because he was not aggressive and seemed feminine to them. In SEP 07, Client went AWOL for one week, returned to his unit and tested positive for marijuana. After punishment was initiated subsequent to an Article 15, Client went AWOL again. Client hired Attorney Karns to facilitate his return to the Army and resolve his case. Attorney Karns contacted Client’s command, informed them that Client had been diagnosed with Gender Identity Disorder and underwent sex reassignment surgery, and was now a transgender female. Attorney Karns persuaded command that Client’s condition did not constitute a willful violation of Army regulations worthy of a court-martial and that moving forward she was not psychologically fit for continued service. Once arrangements were made for Client to return to Army control, Client was administratively separated within three days with no jail time and no conviction.
Client was a Sergeant and Military Policeman stationed at Camp As Sayliyah, Qatar, when he was accused of rape by a female Army Specialist. Specifically, she claimed he committed a sexual act upon her while she was unconscious and incapable of consenting due to impairment by an intoxicant, a condition that he knew of or reasonably should have known. At first, the Client denied the allegation, but then agreed to take a polygraph at the insistence of the CID investigators, which he failed. Client then confessed and admitted he had sex with the accuser after she had passed out. Charges were preferred against the Client for rape at a general court-martial. Client hired Attorney Karns who first represented him in Qatar for Client’s Art 32 hearing. Attorney Karns was able to expose inconsistencies in the accuser’s story through aggressive cross-examination; however, in the end, the Investigating Officer recommended the case go to trial because of the Client’s confession. Regardless of the end result, Attorney Karns felt he had created momentum for the Client’s side of the story, and after consulting with the Client submitted a Chapter 10 request for Client to be administratively separated. Through a convincing explanation of the motive behind Client’s eventual confession and the unreliability of the accuser’s story, Mr. Karns persuaded Client’s command that prosecution beyond a reasonable doubt was unlikely. Client’s command granted the Chapter 10 and Client was separated from the Army with no criminal conviction and no jail time.
Client was an USAF 2d Lt in pilot training at Columbus Air Force Base. After a night of drinking with his fellow students, he went with a female student back to her quarters. He and the accuser were very familiar with each other having been on a prior “date.” The accuser and Client engaged in various sexual activities that night, and the next day, the accuser began texting her friends that she had “made a mistake” which later became she “was raped.” Client was charged with raping the accuser by force. Client hired Attorney Karns who represented client for his Art. 32 hearing. Through aggressive cross-examination, Attorney Karns was able to uncover that the accuser had an ex-boyfriend at the school that she had been earnestly trying to get the attention of since their breakup. Thus, Attorney Karns asserted that the accuser lied about the rape so that she would not have to admit to her ex-boyfriend (who she wanted to get back together with) that she had consensual, casual sex with another fellow student. The Investigating Officer (IO), after considering the testimony and credibility of the accuser and other evidence, recommended that the case not go forward to trial because she did not believe the accuser was a victim. After the accuser became aware of the IO’s opinion, she informed the prosecutor that she did not want to testify publically at a trial. The command decided to accommodate the accuser’s wishes and initiated a Board of Inquiry at which the accuser would testify privately. Attorney Karns represented Client at the Board, the result of which was that the Board found no misconduct, Client was retained in the Air Force, and thus avoided any criminal conviction and jail time. Client returned to pilot training the next day.
Client was AWOL from the Army for ten years and was arrested on the AWOL warrant. He was returned to Ft. Hood and hired Mr. Karns. Upon his return to Ft. Hood, his unit conducted a urinalysis test, and he tested positive for marijuana. Charges were preferred against the Client for desertion and wrongful use of marijuana. At Client’s request, Mr. Karns negotiated to reduce the general court-martial to a summary court-martial, resulting in the Client receiving a twenty day jail sentence and an administrative separation. Client avoided a federal conviction because a summary court-martial is an administrative, non-judicial, action.
Client was an Airman stationed at Nellis AFB who went out with some fellow Airmen and used Xanax that they bought from a dancer at a club. A witness reported the group to OSI who interviewed the Client and his friends. Although someone said they were “sure” Client took some Xanax, Client denied he used any. After Client’s CO gave him the first reading of the Article 15, he hired Mr. Karns who immediately contacted his CO and explained that the Client was not guilty and that the other Airman who made statements never witnessed the Client take Xanax. Mr. Karns also assisted Client’s father, who was retired from the Navy, speak on his son’s behalf. Subsequently, Client’s CO agreed not to go forward on the Art. 15, thus saving Client from being punished and ultimately separated from the USAF for wrongful use of a controlled substance.
Client was a Soldier in training at Ft. Eustis, VA, who went out with a group of friends from training, including females, and stayed in a hotel. Client was having sex with one of the female Soldiers in the hotel bathroom when another Soldier walked in. The Soldier filmed Client and the female Soldier having sex for a minute and left. A few days later, it got out that Client and the female Soldier had sex. The First Sergeant interviewed the group, and the female Soldier stated that she didn’t remember what happened. The First Sergeant told her, “you’re either lying or you got raped.” Client was then investigated for rape and hired Mr. Karns. Mr. Karns contacted Client’s CO and the legal advisor to the CO in an effort to keep Client from being charged with rape. Client’s CO agreed not to charge Client and gave him an Art. 15 for continuing to have sex with the female Soldier while being videotaped. The Art. 15 did not go in his permanent record since he was a junior enlisted. He graduated from training and PCS’d without any further hindrance to his career.
Client, a CPT in the Army, was under investigation for sexual harassment directed toward an NCO, conduct unbecoming an officer, and failure to report for duty to a training conference. Client hired Mr. Karns to represent him for the purpose of trying to avoid UCMJ action. Mr. Karns persuaded Client’s command to settle the matter by issuing a counseling statement to Client and taking no further action.
Airman First Class was charged with on multiple occasions wrongfully distributing and using ecstasy and marijuana and allowing another Airman to us his vehicle to transport illegal drugs onto an USAF installation. Client’s case was connected to those of several codefendants, all of whom were court-martialed and received Bad Conduct Discharges (BCD). Client’s case was also referred to a general court martial, but Mr. Karns was able to negotiate a pretrial agreement with the prosecution which allowed Client to be retained in the USAF via the Return to Duty Program and avoid confinement and a BCD.
Air Force Staff Sergeant was investigated by OSI for AWOL, dereliction of duty, false official statement, and submission of $35,627.26 in travel vouchers to the U.S. Government, $5,669.62 of which were found to be fraudulent. Client’s case was referred for action to her commander, who agreed to impose an Article 15 in lieu of a court-martial. Mr. Karns convinced Client’s commander to give her a “suspended bust,” meaning that he suspended her loss of rank. Mr. Karns also convinced the commander to decline to impose any forfeiture of pay, restriction, or extra duty. If Client successfully completes her suspension period, she will not lose any rank, and it is possible her commander will decline to file a referral Enlisted Performance Review (EPR), enabling her to test for a promotion and walk away from the incident with essentially no punishment or significant career damage.
Air Force Captain was reassigned on a remote tour to Korea. Upon his arrival, he completed a Basic Allowance for Quarters authorization form indicating that his wife and kids lived in California at his father’s home when they actually lived in Arizona. As his one-year tour came to an end, and after collecting approximately $20,000 more in BAH allowances than he was entitled to, Client completed a PCS notification form stating that his family was in California and would need to relocate to Arizona. During an audit, OSI found that Client’s family never lived in California. Subsequently, Client was charged with larceny of government property and two specifications of false official statement (BAH form and PCS form). Client hired Mr. Karns to represent him at his court-martial in Korea, and he was found “Not Guilty” of the larceny and of one specification of false official statement (BAH form), but “Guilty” on the remaining specification of false official statement (PCS form). Client was reprimanded, sentenced to fourteen days of confinement and a dismissal. Client successfully appealed to the USAF Court of Criminal Appeals, which set aside the finding of guilt and sentence on the lone specification of false official statement (PCS form) and granted a rehearing. Client pled not guilty at the rehearing where Mr. Karns represented him at Luke AFB, and he was found “Not Guilty.” Because Client was ultimately found “Not Guilty” of all charges, he will receive back pay for the time he was on appellate leave, and his promotion to Major will be backdated since he was already selected for Major when he was first charged.
Army Reservist Major was charged with seven specifications of larceny and seven specifications of making false claims (travel vouchers) against the government for rent paid during his activation. According to CID, Client claimed for reimbursement double the amount of rent that he actually paid to a friend from which he rented. CID interviewed Client’s friend who made incriminating statements which corroborated that Client paid less in rent than he claimed on his travel vouchers. Client faced up to fifteen years confinement and a Dismissal if convicted. After charges were preferred, Client hired Attorney Karns, who helped Client develop a defense which included a sufficient number of canceled checks payable to his friend to substantiate that Client had paid rent in an amount that corresponded to his vouchers. After negotiating with Attorney Karns the prosecutor agreed to dismiss all charges. Client suffered no adverse action in his official military records, avoided jail time, a federal conviction, and the possibility of a Dismissal.
Army Reservist Lieutenant hired Attorney Karns once she learned she was under investigation for submitting approximately $117,000 in fraudulent travel vouchers after her activation. The investigation revealed that Client, for approximately two years, claimed she lived at her mother’s house near Washington, D.C. (a high BAH area), when she actually lived in a home she owned in St. Louis (a lower BAH area). Client’s command referred her case to a general court-martial where she could have received up to thirty years confinement and a Dismissal. After her Art. 32 hearing, Client requested Attorney Karns to negotiate with her command to see if the matter could be settled. Attorney Karns convinced Client’s command to agree to dismiss the charges and give her an Article 15 if she made restitution. At the Article 15 hearing, Client received a letter of reprimand and no additional punishment.
Marine Corporal was indicted by a civilian grand jury for raping a civilian female after a house party had died down. Client admitted to the detectives that the complainant had a lot to drink, threw up, and passed out in a bedroom. He admitted that after everyone left the party, he went into the bedroom along with a co-defendant to “check up on her.” Eventually, the co-defendant and the complainant had sex. Client denied having sex with the complainant, but she claimed she was raped by both the Client and the co-defendant. Client hired Attorney Karns. The prosecutor offered to settle the case if Client would plead guilty to a lesser offense. Attorney Karns advised Client not to accept the offer but proceed to trial, even though he was facing up to twenty years confinement and having to register for life as a sex offender if convicted. After Client rejected his offer, Attorney Karns explained to the prosecutor that the complainant claimed that she was raped because she had an ex-boyfriend that she wanted to get back together with and was worried that he would find out about her spending the night at the co-defendant’s house. A few weeks prior to the trial, the prosecutor dismissed all charges against Client.
Army Reservist Captain hired Attorney Karns once she learned she was under investigation for submitting approximately $90,000 in fraudulent travel vouchers after her activation. The investigation revealed that client, for approximately one year, claimed she paid "rent" on her travel vouchers to a property management company run by another officer. The investigation concluded that the property management company was a sham business and that the client actually purchased the property she claimed to be renting. Attorney Karns convinced her command to agree to a local General Officer Memorandum of Reprimand (GOMOR). Client mobilized to another location within one month of the GOMOR. Because the Client immediately mobilized and the allegations were from a period covered in an earlier OER rating period, her career was never affected.
Senior Master Sergeant charged with BAH Fraud and Travel Voucher Fraud (Four Specifications for False Official Statement and two for Larceny). Maximum possible punishment: 60 years confinement, Dishonorable Discharge, and reduction to E-1. After the Article 32 hearing, three specifications of False Official Statement were dropped. At court-martial, Client found Not Guilty of the remaining specifications and charges. Client was two years away from retiring and retirement was saved.
Client was a 2LT whose husband was a SGT deployed overseas. Based on the recommendations from a 15-6 investigation, the government drafted four specifications of adultery and were committed to a general court-martial. Mr. Karns argued that three of the specifications could not be proven and persuaded the government to dispose of the case by a letter of reprimand (LOR). At Mr. Karns urging, the CG decided to file the LOR locally and the government agreed not to administratively separate the Client even though she was in a probationary status. This result allowed the Client to be retained and complete her term of service with an Honorable Discharge or continue her career with a "clean slate" once she PCS’s.
Navy LTJG pilot received Captain’s Mast for smoking marijuana. His case was then referred to a Show Cause board where he was facing an Other Than Honorable Discharge. Client was retained and will complete his contract and receive an Honorable Discharge.
Air Force Major pilot chatted on-line with who he believed was a minor, but was a member of Perverted Justice, the group who works with NBC Dateline’s To Catch a Predator. His personal laptop computer was seized, and he was charged with Solicitation of a Minor, Attempting to take Indecent Liberties with a Minor, Possession of Child Pornography and Possession of Photos depicting Bestiality. Client wanted Attorney Karns to negotiate a plea bargain. Attorney Karns negotiated a dismissal of the Possession of Child Pornography and Bestiality charges. And, the Solicitation of a Minor and Attempting to take Indecent Liberties charges were both changed to Indecent Language with a Minor. Client could have received several years of confinement and be required to register as a sex offender. Client received only three months confinement and a Dismissal.
PFC stationed in Korea charged with possession of child pornography on his personal laptop computer and false official statement. Prior to the Art. 32 hearing, the Government offered Client a 30 month deal which would require sex offender registration and likely include a Bad Conduct Discharge. On Attorney Karns' advice, Client turned down the offer. Attorney Karns traveled to Korea for the Article 32 hearing. After the hearing, the Government trial counsel asked Attorney Karns to "state his terms" for an offer. Attorney Karns said Client would take a Ch. 10 administrative discharge which would avoid a federal conviction, jail time, and sex offender registration for Client. Government trial counsel scoffed and said, "The bottom-line is that he has child porn on his machine... He was charged with possession. He will be convicted on these facts. His status as a sex offender is guaranteed. The only question is whether he wants to negotiate a cap on his sentence." Six weeks later after we still do not give in and win a request for a computer forensics expert, the Government agrees to support a Ch. 10, and it gets approved. Client does not receive a federal conviction, does not have to serve jail time, and is not required to register as a sex offender.
NCO charged with rape and adultery. General Court-Martial panel returned verdict of Not Guilty on both charges.
Soldier charged with rape and sodomy. General Court-Martial panel returned a verdict of guilty on a reduced charge of indecent acts and guilty on the sodomy charge. Mr. Karns convinced the Division Commanding General not to approve the court-martial panel’s verdict and thus clearing the soldier of all charges.
NCO charged with burglary. General Court-Martial panel returned a verdict of Not Guilty.
Special Forces Senior NCO charged with two counts of unlawful use of marijuana. Special Court-Martial panel returned a verdict of Not Guilty on both charges.
Soldier was AWOL for 60 days in time of War. Soldier received an Article 15 and Chapter Separation with an Honorable Discharge.
Petty Officer 1st Class was ordered to Captain’s Mast and reduced in rank for disrespecting a senior officer, disobeying a lawful order, and resisting arrest. Mr. Karns intervened and the commander agreed to suspend the reduction in rank.
Senior NCO tested positive for cocaine. Mr. Karns convinced the soldier’s Commanding General to grant the soldier’s request for an Honorable Discharge and allow the soldier to retire.
Senior NCO tested positive for marijuana. Mr. Karns convinced the soldier’s command to terminate the administrative separation action and retain the soldier.
A retirement eligible NCO was convicted in a civilian court for child molestation and incest. He was serving time in state prison. The Army demanded that the soldier be administratively separated with an Other Than Honorable Discharge. An OTH Discharge would have reduced the NCO to an E-1 and severely affected his retirement pay. Mr. Karns was able to convince the separation board to grant a General Discharge thus preserving the soldier’s retirement pay at his current rank.
NCO tested positive for marijuana on a urinalysis test. In most cases, the command would refer the soldier to an administrative separation board. However, in this case, through Mr. Karns’ negotiations with the soldier’s command, the soldier was able to avoid a board and separation.
Air Force Captain was reassigned on a remote tour to Korea. Upon his arrival, he completed a Basic Allowance for Quarters application indicating that his wife and kids lived in California at his father’s home when they actually lived in Arizona. As his one-year tour came to an end and after collecting approximately $20,000 more in BAH allowances than he was entitled to, OSI found that client’s family never lived in California. Subsequently, client was charged with larceny of government property and two specifications of false official statement. Client hired Mr. Karns to represent him at his court-martial, and he was found Not Guilty of the larceny and of one specification of false official statement, but guilty on the remaining specification of false official statement. Client was reprimanded, sentenced to 14 days of confinement and a dismissal. The USAF Court of Criminal Appeals set aside the finding of guilt and sentence on the lone specification of false official statement. The government did not appeal the decision, and client returned to active duty with back pay.
Army Sergeant First Class was a reservist who was activated after 9/11. Upon activation, she was entitled to file travel vouchers to collect per diem and a housing allowance for her new living quarters while activated. After an Army Internal Review, CID reviewed the Client’s travel vouchers and lease documentation and began an investigation. CID concluded that the Client did not live at the mobile home where she claimed to be living during her activation nor did Client pay the owner of the mobile home, her ex-mother-in-law, $3,000 per month as she claimed on her travel voucher and lease. Client was charged with False Official Statement, Larceny of government property, and Fraud Against the U.S. for wrongfully claiming over $90,000 in allowances. The possible punishment Client could have received was twenty years confinement, reduction to E-1, and a Dishonorable Discharge. Client hired Mr. Karns to represent her at her Article 32 hearing. After the Article 32 hearing, the Government agreed to dismiss all of the Client’s charges in exchange for her making restitution and receiving an Article 15. Client avoided jail time, a federal conviction, loss of rank, and the possibility of a Dishonorable Discharge.
Army Specialist was charged with rape and sodomy by force. Charges were preferred after a female NCO claimed that she was raped and sodomized by force by Client after going to the Client's room and passing out. She reported she was raped the next day, and while at the hospital, a Sexual Assault Nurse Examiner examined her and found that she had multiple vaginal lacerations, one which was 4.5 cm long. Upon being interviewed, Client admitted to CID that he knew she was "extremely drunk." Another witness who saw her minutes before testified that she was "falling down drunk."
During a lengthy cross-examination of the NCO at the Article 32 hearing, Mr. Karns got her to admit that even though she was very intoxicated, she understood the nature of the acts and did not clearly communicate to Client that she was not consenting to the acts. Mr. Karns also exposed that: 1) she offered no resistance, 2) was married at the time of the incident and may have claimed rape to avoid a charge of adultery, and 3) may have claimed rape because she was afraid that word would get out to the unit that she had sex with a junior enlisted. Despite there being a lower standard of proof ("reasonable grounds") at an Article 32 hearing to determine whether charges should be referred to a court-martial, the Investigating Officer recommend that charges not be referred. Subsequently, the commander directed that all charges be dismissed.
* Past results achieved are not a guarantee of future results. Each case is unique and reference must be made to the specific legal and factual circumstances presented.
- Every base, post, camp, or station.
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- All Naval installations.
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