UCMJ Article 123a: Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds

The MCM states any service member may be subject to prosecution if they:

• for the procurement of any article or thing of value, with intent to defraud; or

• for the payment of any past due obligation, or any other purpose, with intent to deceive;

makes, draws, utters, or delivers any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in or credit with, the bank or other depository for the payment of that check, draft, or order in full upon its presentment.  The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee’s possession or control, is prima facie evidence of his intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft, or order was not born on presentment.

To be prosecuted for the procurement of any article or thing of value with intent to defraud, it must be proven that:

1. the accused made, drew, uttered, or delivered a check, draft, or order for the payment of money payable to a named person or organization;

2. the accused did so to procure an article or thing of value;

3. the act was committed with intent to defraud; and

4. at the time of making, drawing, uttering, or delivery of the instrument, the accused knew that the accused or the maker or drawer had not or would not have sufficient funds in, or credit with, the bank or other depository for the payment thereof upon presentment.

Prosecution for the payment of any past due obligation, or any other purpose, with intent to deceive, requires that:

1. the accused made, drew, uttered, or delivered a check, draft, or order for the payment of money payable to a named person or organization;

2. the accused did so for the purpose or purported purpose of effecting the payment of a past due obligation or for some other purpose;

3. the act was committed with intent to deceive; and

4. When making, drawing, uttering, or delivering the instrument, the accused knew that the accused or the maker or drawer had not or would not have sufficient funds in, or credit with, the bank or other depository for the payment thereof upon presentment.

Understanding Article 123a (Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds) of the UCMJ

Article 123a discourages financial irresponsibility by criminalizing the use of checks or drafts when the accused is aware of where insufficient funds will be available when the check or draft is presented for payment.

Under Article 123a, if a third party transfers the check or draft, knowing insufficient funds are available to cover the check or draft, they may also be found guilty of a violation.

I would like to let you know that the accused must have had knowledge of the insufficient funds and still issued the check or draft with the intent to deceive or defraud.

Maximum Possible Punishment for Violations of Article 123a

Service members convicted of an Article 123a violation for the procurement of any article or thing of value, with intent to defraud, in the face amount of $1,000 or less are subject to a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months.

Those convicted of and Article 123a violation for the procurement of any article or thing of value, with intent to defraud, in the face amount of more than $1,000 face a maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.

The maximum possible punishment for paying any past due obligation or any other purpose, with intent to deceive, is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months.

How do you defend against Article 123a Making, Drawing, Uttering Check, Draft, or Order Without Sufficient Funds 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 over 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.

Suppose you, or someone you know, is facing Article 123a charges for Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds. In that case, you must speak with a Military defense attorney immediately. 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.