NCIS To Catch a Predator Sting Nets No Jail Time
U.S. v. Army E-8 – Torii Station, Okinawa, Japan
Allegations: Article 80 – 4 Specifications of Attempted Sexual Abuse of a Child, Article 120c UCMJ Indecent Exposure
Max Punishment: Over 140 years in prison, Dishonorable Discharge
Result: Convicted of several of the attempt charges
Sentence: NO PUNISHMENT
Discharge: Mandatory DD
Location / Branch / Rank: Torii Station, Okinawa, Japan / Army / E-8
Case Overview
This case involved an Army Special Forces E-8 — a senior noncommissioned officer with a career built on service and sacrifice — who was caught in the NCIS version of the To Catch a Predator sting operation running out of Okinawa, Japan. He faced charges of Attempted Sexual Assault of a Child under Article 80 of the Uniform Code of Military Justice, along with an Article 120c Indecent Exposure charge. The combined maximum punishment exceeded 140 years in prison, plus a Dishonorable Discharge.
This is the kind of case that separates experienced military defense attorneys from everyone else. The charges were serious. The evidence was substantial. And the odds were stacked heavily against the defense from the start.
Understanding the NCIS Sting Operation in Okinawa
NCIS — the Naval Criminal Investigative Service — has operated an ongoing undercover sting in Okinawa, Japan, modeled after the well-known television program To Catch a Predator. The operation specifically targeted U.S. service members stationed in Japan.
By the time this case went to trial, the operation had ensnared more than 100 service members. At that point, all but one of those cases had resulted in a conviction. That context matters. It tells you what the courts on Okinawa thought of these cases, what juries expected, and what kind of uphill battle the defense faced going in.
How the Sting Worked
The mechanics of the operation followed a consistent pattern. NCIS agents used Craigslist to make initial contact with military men. The conversations started as adult-to-adult interactions. After building a connection over several weeks, the undercover agent then revealed — or claimed — that she was actually a minor under 16 years old.
Despite this disclosure, the sexual nature of the conversations continued. Eventually, the NCIS agent — an adult female posing as a 14 or 15-year-old girl — invited the service member to meet her at a house on Kadena Air Base. When the service member arrived, NCIS agents moved in to arrest him.
What Happened With Our Client
Our client had been chatting with the undercover agent for several weeks. The conversation became sexual in nature, and he was eventually invited to meet at a house in Kadena. When he arrived, NCIS agents attempted to tackle and arrest him. He resisted the arrest physically, throwing several agents to the ground before he was ultimately taken into custody.
Prosecutors built their case using evidence pulled from his phone, Craigslist logs, and computer chat records. The digital trail was extensive, and the prosecution considered it strong enough to offer a plea deal capping his sentence at three years in confinement.
Our client said no.
Why Rejecting the Plea Deal Was a Calculated Risk
Turning down a plea deal in a case like this is not a decision made lightly. By the time our client came to us, we knew that the average sentence handed down in Okinawa for these types of convictions was three to five years of confinement. The prosecution’s offer of three years was, in that context, at the low end of what a convicted service member could expect.
Going in, we were direct with our client: given the strength of the evidence, a full acquittal on all charges was unlikely. The honest assessment was that some convictions were probable. The real question was what would happen at sentencing — and whether we could keep him out of prison entirely.
He understood the risk. He chose to fight.
The Defense Strategy at Trial
Our client elected to be tried in front of an enlisted jury — fellow NCOs and soldiers who could understand his background and weigh the full picture of who he was as a person and as a soldier.
Attorney Michael Waddington attacked the investigative methods used by NCIS throughout the trial. The sting was not passive law enforcement. It involved agents actively seeking out service members, building relationships over weeks, and then steering conversations toward illegal territory before extending an invitation to a meeting they had fully staged and controlled.
These are the kinds of tactics that raise legitimate questions about the fairness of the process — not about whether such crimes are serious, but about how law enforcement constructed the situation that led to the charged conduct. Pressing those questions at trial is part of providing an effective defense.
The Sentencing Phase
After the jury returned convictions on several of the attempt charges, the case moved to sentencing. This is where the work done before trial truly paid off. Mr. Waddington presented a comprehensive mitigation case — evidence of our client’s service record, his character, his contributions to his unit, and all the factors the jury needed to understand the full human being standing before them.
Military sentencing is separate from the guilty/not guilty phase, and it gives the defense a real opportunity to put context around a conviction. A skilled defense attorney does not quit after the verdict. The sentencing phase is its own battle, and in this case, it was the battle that mattered most.
The Result: No Punishment
The enlisted jury sentenced our client to NO PUNISHMENT.
In a case where the government sought years of confinement, where the prosecution had a digital evidence trail, and where the conviction rate for similar cases in Okinawa was nearly 100 percent, the jury decided that no additional punishment was warranted beyond what our client had already endured. Because of the nature of the convictions, a Dishonorable Discharge was mandatory — but no confinement, no fines, no reduction in rank beyond what the discharge itself carried.
After the trial concluded, Mr. Waddington and the client went to eat pancakes and visited the Japanese WWII bunkers together. Some cases end in the courtroom. Some end with a meal and a moment to breathe.
What This Case Means for Service Members Facing Similar Charges
If you are a service member who has been contacted by NCIS, charged under Article 80, or caught up in an undercover sting operation — whether in Okinawa or anywhere else — there are several things you need to understand immediately.
Do Not Talk to NCIS Without a Lawyer Present
Anything you say to NCIS agents will be used against you. You have the right to remain silent and the right to an attorney. Invoking those rights is not an admission of guilt — it is the smartest thing you can do in the moments after you are approached or arrested.
The Government’s Evidence Is Not the Whole Story
Chat logs, phone records, and Craigslist messages can look damning in isolation. An experienced defense attorney knows how to examine that evidence critically — how it was obtained, how it was preserved, and whether the investigative conduct surrounding it is something a jury needs to hear about.
Sentencing Is a Separate Fight Worth Taking Seriously
Even when some convictions are likely, a conviction does not automatically mean a long prison sentence. The sentencing phase of a court-martial gives the defense the opportunity to present your full record, your character, and your service. The outcome in this case proves that a determined, skilled defense at sentencing can make an extraordinary difference.
You Need Counsel Who Has Done This Before
This was not a run-of-the-mill case. It required an attorney willing to challenge NCIS’s tactics in open court, in a jurisdiction where the conviction rate was nearly perfect, in front of a jury that would scrutinize every argument. Experience in military courts — not just general criminal defense — matters enormously in cases like this.
Frequently Asked Questions
What is Article 80 of the UCMJ, and how does it apply to attempt charges?
Article 80 of the Uniform Code of Military Justice covers attempts to commit offenses under the UCMJ. A service member can be charged and convicted under Article 80 even if the intended act was never completed — meaning that taking a substantial step toward committing a crime can itself be a punishable offense. In sting operations like the one described in this case, the government argues that traveling to meet a supposed minor constitutes that substantial step, regardless of whether any actual minor was involved.
Can a service member face charges if the “minor” in a sting was actually an adult undercover agent?
Yes. Under federal law and the UCMJ, the fact that no actual minor was involved does not automatically defeat an attempt charge. Prosecutors typically argue that the service member believed the person was a minor and acted on that belief. The legal and factual arguments available to the defense in these cases center on the nature of the conduct, the role of the government agents in creating the situation, and what the evidence actually shows about the accused’s state of mind and intent.
What should a service member do immediately after being arrested in an NCIS sting operation?
Stop talking. Do not answer questions, make explanations, or try to convince NCIS agents of your innocence. Clearly and calmly invoke your right to remain silent and your right to an attorney. Then contact a qualified military defense attorney as quickly as possible — ideally one with direct experience defending service members against NCIS investigations and court-martial proceedings. Every statement you make without counsel present is a potential piece of evidence the government can use against you.