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.*

• 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 1^st 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.

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