UCMJ Article 124b
The MCM states there are two forms of graft in Article 124b 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 124b if they occupy an official position or have official duties, and wrongfully asks, accepts, or receives a thing of value as compensation for or in recognition of services rendered or to be rendered by the person with respect to an official matter in which the United States is interested.
Service members are also subject to prosecution if they wrongfully promise, offers, or give a thing of value to another person, who occupies an official position or who has official duties, as compensation for or in recognition of services rendered or to be rendered by 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 graft, is 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 as compensation for or in recognition of services rendered, to be rendered, or both, by the accused in relation to a certain matter; and
- this certain matter was an official matter in which the United States was interested.
A conviction of promising, offering, or giving a graft requires the prosecution to prove 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 as compensation for or in recognition of services rendered, to be rendered, or both, by this person in relation to a certain matter; and
- this matter was an official matter in which the United States was interested.
Understanding Article 124b (Graft) of the UCMJ
Graft does not require an intent to influence or be influenced in an official matter. Graft involves compensation for services performed in an official matter when no compensation is due.
Maximum Possible Punishment for Violations of Article 124b
Service members convicted of violations of Article 124b face a maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
How do you defend against Article 124b Graft 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 124b charges for Graft, 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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