UCMJ Article 131e
Prevention of Authorized Seizure of Property
The MCM states any service member may be subject to prosecution if they, knowing that one or more persons authorized to make searches and seizures are seizing, are about to seize, or are endeavoring to seize property, destroys, removes, or otherwise disposes of the property with intent to prevent the seizure thereof.
In order to be convicted of a violation of Article 131e, the prosecution must demonstrate that:
- one or more persons authorized to make searches and seizures were seizing, about to seize, or endeavoring to seize certain property;
- the accused destroyed, removed, or otherwise disposed of that property with intent to prevent the seizure thereof; and
- the accused then knew that person(s) authorized to make searches were seizing, about to seize, or endeavoring to seize the property.
Understanding Article 131e (Prevention of Authorized Seizure of Property) of the UCMJ
The military designates specific military personnel who may have the authority to make seizures. The search or seizure being technically defective is not an adequate defense.
Maximum Possible Punishment for Violations of Article 131e
Service members convicted of a violation of Article 131e face a maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
How do you defend against Article 131e Prevention of Authorized Seizure of Property 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 131e charges for Prevention of Authorized Seizure of Property, 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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