UCMJ Article 124a
The MCM states there are two forms of bribery in Article 124a and both of which all service members may be subject to prosecution in they are found to be in violation of the article.
Any service member may be subject to prosecution under Article 124a if they occupy an official position or who have official duties; and who wrongfully asks, accepts, or receives a thing of value with the intent to have the person’s decision or action influenced with respect to an official matter in which the United States is interested.
Service members are also subject to prosecution if they wrongfully promise, offer, or give a thing of value to another person, who occupies an official position or who has official duties, with the intent to influence the decision or action of the other person with respect to an official matter in which the United States is interested.
In order to be prosecuted for asking, accepting, or receiving a bribe, it must be demonstrated that:
- the accused wrongfully asked, accepted, or received a thing of value from a certain person or organization;
- the accused then occupied a certain official position or had certain official duties;
- the accused asked, accepted, or received this thing of value with the intent to have the accused’s decision or action influenced with respect to a certain matter; and
- this certain matter was an official matter in which the United States was interested.
In order to be convicted of promising, offering, or giving a bribe, it must be proven that:
- the accused wrongfully promised, offered, or gave a thing of value to a certain person;
- this person then occupied a certain official position or had certain official duties;
- this thing of value was promised, offered, or given with the intent to influence the decision or action of this person; and
- this matter was an official matter in which the United States was interested.
Understanding Article 124a (Bribery) of the UCMJ
Bribery requires an intent to influence or be influenced in an official matter.
Maximum Possible Punishment for Violations of Article 124a
Service members convicted of an Article 124a violation face a maximum possible punishment of dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
How do you defend against Article 124a Bribery 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 124a charges for Bribery, 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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