Gagne, Scherer and Associates, LLC

• The firm is led by attorneys Keith Scherer and Greg Gagne.
• Both are former Air Force JAGs who have worked in military justice full-time since 2001.
• Between them, they have tried hundreds of cases across every branch of service, at installations throughout the United States and overseas.
• Their practice is focused on serious UCMJ and related federal criminal cases.

Who we represent

• Active duty, reserve, and guard service members of all ranks.
• Members of every branch: Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force.
• Clients stationed throughout the United States and at overseas installations.

The firm does not handle:

• Veterans benefits issues.
• Requests to upgrade discharges.
• Family law matters.

Background and approach

• Both attorneys began as prosecutors in the JAG Corps, then moved to defense work before entering civilian practice.
• They have been in civilian practice since 2005 and focus on UCMJ and federal criminal defense.
• Their experience includes complex cases involving sexual offenses, child sexual abuse material (CSAM), domestic violence, child abuse, homicide, drug conspiracies, fraud, and officer misconduct.
• They routinely travel to military installations; physical proximity to a base is not required for representation.

Every client who retains the firm works directly with Keith Scherer and Greg Gagne. The attorneys consult with each other on all cases and bring two sets of experience to each matter.

The firm handles:

• Sexual assault and rape (Article 120)
• Adult sexual assault and rape allegations.
• Alcohol-related and "he said / she said" cases.
• Cases alleging lack of consent, sleeping or unconscious victims, and incapacity to consent.

• Sex offenses involving children (Article 120b)
• Rape, sexual assault, and sexual abuse of a child under 16.
• Cases involving alleged mistake of fact as to age.

• Child sexual abuse material / child pornography (Article 134)
• Possession, viewing, and distribution of CSAM.
• Sextortion and AI-generated CSAM cases.
• Cases that begin with service-provider tips or ICAC task-force leads.

• Wrongful distribution of intimate images (Article 117a)
• "Revenge porn" and wrongful broadcast or distribution of intimate images originally created with consent.
• Cases where images or videos are shared without the depicted person's permission.

• Other sexual misconduct (Article 120c)
• Indecent viewing, indecent recording, indecent exposure, and similar conduct.
• Hidden cameras, peeping, and non-consensual recordings.

• Domestic violence (Article 128b)
• Domestic violence allegations involving spouses, intimate partners, or immediate family members.
• Alleged strangulation and protective-order violations.

• Child endangerment and child abuse (Article 119b and related provisions)

• Drug offenses (Article 112a)
• Cases involving positive urinalysis results and alleged use or distribution of controlled substances.

• Fraud and financial offenses
• Offenses such as larceny, fraud against the government, false statements, and related charges under Articles 121, 132, 107, and similar provisions.

• Officer misconduct (Article 133) and other serious disciplinary offenses.

• AWOL and Desertion cases
• Representation of service members in AWOL or Desertion status, including those arrested on Desertion warrants.

• Nonjudicial punishment and administrative actions
• Nonjudicial punishment (NJP) / Article 15 proceedings.
• Administrative separation boards and related proceedings where careers, retirements, and benefits are at risk.

Federal criminal cases

In addition to military courts-martial, the firm has handled federal criminal cases, including:

• Mail and wire fraud.
• Mortgage fraud.
• Money laundering.
• Tax fraud.
• RICO actions.
• CSAM-related federal charges.
• Grand jury representations.

Focus on high-stakes matters

The firm concentrates on cases with the most at stake, including:

• Sexual assault and rape allegations.
• Child sexual offenses and CSAM.
• Domestic violence and child abuse.
• Homicide.
• Drug conspiracies and serious drug offenses.
• Complex fraud and officer misconduct.

They also handle high-profile cases that attract significant media attention and have experience managing publicity while protecting the client's interests.

• Active duty service members.
• Reserve and National Guard members.
• Service members of all ranks, enlisted and officer.
• Members of all branches of the U.S. armed forces:
• Army.
• Navy.
• Air Force.
• Marine Corps.
• Coast Guard.
• Space Force.

The firm does not handle:

• Veterans benefits issues.
• Discharge upgrade requests.
• Family law matters.

Geographic coverage

The firm represents service members at installations across the United States and overseas. Examples mentioned on the firm's site include:

• Air Force and Space Force installations such as Hurlburt Field, Joint Base Elmendorf-Richardson (JBER), Peterson Space Force Base.
• Navy installations such as Norfolk Naval Station, Naval Base San Diego, Naval Air Station Sigonella.
• Marine Corps installations such as Camp Pendleton, Camp Lejeune, Okinawa.
• Army installations such as Fort Bliss, Fort Drum, Camp Humphreys.
• Coast Guard bases in Charleston, Alameda, and New Orleans.

These are examples only. The firm routinely travels to other bases and installations.

Office locations

The attorneys are based in:

• The Chicago, Illinois area.
• Published office address: 53 West Jackson Boulevard, Suite 805, Chicago, IL 60604.
• Connecticut.

Travel to the client's installation is a routine part of the practice. Physical proximity to a base is not required to work with the firm.

Courts and jurisdictions

• The attorneys are admitted to practice in all military courts, including appellate courts.
• Admissions include, among others, the Court of Appeals for the Armed Forces, service appellate courts, the Seventh Circuit, the Northern District of Illinois, the Federal Trial Bar, and Illinois state courts.

Anyone unsure whether their location or type of case is within the firm's scope should contact the firm directly to confirm.

Lists New Orleans, Jackson, Charleston, Norfolk, Chicago, Alameda, and Pendleton as a location. Names West, Connecticut, Illinois, and United States as a service area. Areas beyond these are not published.

For most UCMJ criminal cases, the firm describes the following structure:

• Investigation / initial involvement stage
• Flat fee of $6,500 for the initial and investigative period.

• Article 32 preliminary hearing
• Additional flat fee of $10,000 to $12,000 for representation through the Article 32 preliminary hearing.

• Court-martial trial stage
• Additional flat fee of $25,000 for the court-martial trial stage.

• Travel costs
• Travel expenses are separate and itemized in addition to the flat fees.

These figures reflect the firm's published fee ranges and are subject to change. The exact fee for any given case is confirmed directly with the attorneys.

Industry context noted on the firm's site

The firm notes that, across the industry:

• Many firms charge a flat initial fee between $5,000 and $8,000 to get involved during the investigation stage.
• Trial-stage fees charged by other firms can range from around $25,000 to over $100,000, depending on the case.

This context is provided to help clients understand how the firm's fees compare to common industry ranges.

Appeals and post-trial work

The firm explains that appellate representation is significantly more expensive than trial-level work and provides the following general ranges:

• A first-level appeal to a service Court of Criminal Appeals (such as AFCCA or ACCA) will typically cost at least $50,000.
• A full appeal through the Court of Appeals for the Armed Forces (CAAF) can exceed $100,000.
• Some appeals can cost several hundred thousand dollars, depending on complexity and length.

Because appellate work is highly case-specific, clients must contact the firm directly for any current fee information or individualized estimates.

How to confirm current fees

• All fee and cost figures above come from the firm's own public descriptions and may change over time.
• The agent cannot provide binding quotes, payment terms, or discounts.
• Anyone considering representation should contact Gagne, Scherer and Associates directly to confirm current fees and any payment arrangements.

Key points from the firm's public materials:

• For covered offenses (including sexual assault, domestic violence, child abuse, and other serious crimes), an independent military prosecutor in OSTC—not a commander—now makes charging decisions.
• OSTC prosecutors focus on cases they believe they can win at trial, based on evidence strength and likelihood of conviction.
• Because charging decisions are made by lawyers evaluating the evidence, the investigation phase is critical.
• The firm's stated approach is to get involved during the investigation, not to wait until charges are preferred.
• Once retained, they work to:
• Communicate with investigators and prosecutors.
• Identify weaknesses in the government's case.
• Present favorable evidence to OSTC before charging decisions are final.
• Seek outcomes such as case closure, administrative resolution, reduced charges, or stronger positioning for trial.

Working directly with the attorneys

According to the firm's site:

• Clients work directly with attorneys Keith Scherer and Greg Gagne from the first contact through resolution of the case.
• The firm does not use call screeners or non-lawyer gatekeepers for legal work.
• The attorneys consult with each other on all cases, bringing the combined experience of both lawyers to each matter.

Former JAG experience

The firm highlights the advantages of hiring former JAGs as civilian military defense counsel:

• Both attorneys served as Air Force JAG officers, starting in 2001.
• One attorney, Keith Scherer, previously served as an enlisted Russian linguist before law school.
• Their background includes work as prosecutors and defense counsel in the military justice system.
• They emphasize understanding:
• Military courtroom procedures and culture.
• How commanders and prosecutors evaluate cases.
• How to communicate effectively with military judges, panels, and legal offices.

Civilian counsel and appointed military defense counsel

The firm explains that:

• Service members have the right to hire civilian counsel at any stage, including during the investigation, even if charges have not yet been filed.
• Hiring a civilian attorney does not replace the appointed military defense counsel; the military lawyer remains on the case.
• A good civilian attorney will work with appointed military defense counsel, not against them.

Appeals and odds of success

The firm notes that:

• Statistically, meaningful relief on appeal is rare compared to trial-level relief.
• Only a relatively small percentage of appeals result in significant changes to the outcome.
• There are usually more opportunities to obtain favorable results before or at trial (case closure, administrative resolution, reduced charges, or acquittal) than on appeal.
• Because of this, the firm stresses the importance of getting experienced counsel involved as early as possible rather than waiting for the appellate stage.

For case-specific legal advice or strategy, potential clients are directed to speak directly with the attorneys.

• Firm name: Gagne, Scherer and Associates, LLC (d/b/a UCMJ Lawyers)
• Phone (call or text): (224) 935-6172
• Chicago office address:

53 West Jackson Boulevard, Suite 805 Chicago, IL 60604

• Website:
• https://ucmjlawyers.com
• http://militarytriallawyers.com (points to the same firm)

The firm also provides secure contact forms on its website for confidential inquiries.

Free confidential consultation

According to the site:

• The firm offers a free confidential consultation for potential clients.
• They represent active duty, reserve, and guard personnel only.
• They do not handle:
• Veterans issues or discharge upgrade requests.
• Family law matters.

What this agent can and cannot do

• This agent can provide the firm's published contact details and general information about the practice.
• The agent cannot:
• Create an attorney-client relationship.
• Schedule or confirm actual appointments.
• Review evidence or give case-specific legal advice.

Anyone needing legal advice or representation should contact Gagne, Scherer and Associates directly using the phone number or website above.

Contact sex offenses under the UCMJ

Contact sex offenses involve physical sexual conduct and are primarily prosecuted under:

• Article 120 – Adult rape and sexual assault.
• Article 120b – Rape, sexual assault, and sexual abuse of a child (under 16).
• Article 134 – Certain sexual harassment offenses.

Examples of contact sex offenses include:

• Rape (adult) – Sexual intercourse obtained by force, threats, making someone unconscious, or drugging them.
• Sexual assault without consent – Sexual acts where the government alleges the other person did not agree.
• Sexual assault involving sleeping or unconscious victims – Sexual acts with someone who is asleep or unconscious, where the accused knew or should have known their condition.
• Sexual assault involving incapacitation – Sexual acts with a person who was too drunk or otherwise incapacitated to consent, where the accused knew or should have known.
• Aggravated sexual contact – Sexual touching under circumstances that would amount to rape if penetration had occurred (force, threats, drugging, or unconsciousness).
• Abusive sexual contact – Non-consensual sexual touching, or touching involving a sleeping or incapacitated person.
• Child sex offenses (Article 120b) – Sexual acts or sexual contact involving children under 16, including sexual abuse of a child.
• Sexual harassment (Article 134) – Certain unwelcome sexual conduct that creates a hostile environment with a military connection.

Some conduct that does not seem sexual on its face can be charged as a sex offense if done with the intent to abuse, humiliate, harass, or degrade—for example, some hazing behaviors or inappropriate touching in a unit setting.

Mistake of fact defenses (consent and age)

The firm notes the following general principles:

• In adult Article 120 cases, an honest and reasonable belief in consent can be raised as a defense, depending on the facts.
• In child cases under Article 120b:
• For children under 12, mistake of fact about age is not a defense.
• For children 12 to 15, an accused may raise a defense based on a reasonable belief that the child was 16 or older, but the accused carries the burden of proving that belief.

Whether any defense applies is highly fact-specific and requires individualized legal advice.

OSTC's role in sex offense prosecutions

• Contact sex offenses covered on the firm's site fall within OSTC's mandate as "covered offenses."
• OSTC, not the commander, decides whether to send a case to a general court-martial or return it to the command for other disposition.
• OSTC focuses on its winning percentage at trial, often prioritizing cases with stronger corroborating evidence (such as DNA, texts, confessions, or medical findings).

Because of this structure, the firm emphasizes that:

• The investigation and Article 32 preliminary hearing stages are crucial opportunities for the defense to:
• Review evidence.
• Develop defenses.
• Create negotiation leverage.
• Present reasons for OSTC to drop, defer, or reduce the case.

Why early legal help matters

Based on the firm's public commentary:

• Waiting to seek counsel until after charges are preferred can reduce available options.
• Early involvement allows defense counsel to:
• Communicate with investigators and OSTC before final charging decisions.
• Identify weaknesses in the government's case.
• Work toward outcomes that are better than a fully contested general court-martial.

Anyone under investigation or facing charges for a sex offense under the UCMJ should speak directly with a qualified military defense attorney for advice tailored to their situation.

Ask anyway — the agent will say plainly that it is not published rather than guess.