I received a call from a young man who was stationed with the Army on his second tour in Iraq. He had been cooperating for a period of time with federal DEA agents in a multinational steroid conspiracy. He had just received an email from a DEA agent letting him know the government (unexpectedly) would indict him.
The government did indict our client and initially refused to dismiss the case even in the face of our strong defense of withdrawal from the conspiracy outside the statute of limitations. We would accept no deal less than dismissal, however. We were in the evidence room three days before trial when we got a call that the AUSA wanted to discuss a deal. Ultimately, they agreed to give our client diversion and to dismiss the charges at the end of the diversion phase. Diversion after a federal indictment is almost unheard of, but we accomplished it in this case.
Our client had served two tours in Iraq and wanted to serve out honorably and receive an honorable discharge. The possible penalties for the crimes with which he was charged would include at the very least a felony conviction and very likely prison time. For our client, this would have meant a dishonorable discharge and the inability to work in the field of aviation.
Because of the high stakes, our goal was clear: either an agreed-upon dismissal by the AUSA or we had to get a not guilty verdict at trial.
Our client’s military career was saved! On the eve of trial, the government agreed to give our client a diversion with a complete dismissal of all charges.
The Stakes: The possible penalties for the crimes with which he was charged would include at the very least a felony conviction and very likely prison time and a dishonorable discharge.
The goal: Either an agreed upon dismissal by the AUSA or we had to get a not guilty verdict at trial.
Conspiracy to Possess Anabolic Steroids with Intent to Distribute and Possession of Anabolic Steroids with Intent to Distribute.
Charge Classifications: Felony
21 U.S.C/ 841(a)(1) and 21 U.S.C. 846.
The possible prison time is up to 20 years.
Outcome Result: Military career saved! On the eve of trial, the government agreed to give our client a diversion with a complete dismissal of all charges.