UCMJ Article 134

UCMJ Article 121a

Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices


The MCM states under Article 121a, any service member may be prosecuted if they knowingly and with intent to defraud uses a:

  • a stolen credit card, debit card, or other access device;
  • a revoked, cancelled, or otherwise invalid credit card, debit card, or other access device; or
  • a credit card, debit card, or other access device without the authorization of a person whose authorization is required for such use; to obtain money, property, services, or anything else of value.

In order to be prosecuted for an Article 121a violation, it must be proven that:

  • the accused knowingly used a stolen credit card, debit card, or other access device; or
  • the accused knowingly used a revoked, cancelled, or otherwise invalid credit card, debit card; or
  • the accused knowingly used a credit card, debit card, or other access device without the authorization of a person whose authorization was required for such use;
  • the use was to obtain money, property, services, or anything else of value; and
  • the use by the accused was with the intent to defraud.

 

Understanding Article 121a (Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices) of the UCMJ

This article focuses on the intent of the accused and the technology used by the accused.  An intent to defraud must be present, however, the inference of intent may be proven through the use of circumstantial evidence.

The provision of the use of a credit card, debit card, or other access device without the authorization of a person whose authorization was required for such use applies to situations where an accused has no authorization to use the access device from a person whose authorization is required for such use, as well as situations where an accused exceeds the authorization of a person whose authorization is required for such use.

 

Maximum Possible Punishment for Violations of Article 121a

The maximum possible punishments associated with Article 121a violations varies depending upon the monetary value of the property obtained.

Fraudulent use of a credit card, debit card, or other access device to obtain property of a value of $1,000 or less yields a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 10 years.

Fraudulent use during any 1-year period of a credit card, debit card, or other access device to obtain property the aggregate value of which is more than $1,000 results in a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

 

How do you defend against Article 121a Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices charges?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys, with more than 75 years of combined experience, who have won these types of cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer, who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.

 

If you, or someone you know, is facing Article 121a charges for Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices, you need to speak with a Military defense attorney right away. We understand what is at risk, and we know how to protect your career, your freedom, and your future. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.

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