UCMJ Article 134: Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds

According to the MCM, for a service member to be convicted of an Article 134 violation for Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds, the prosecution must demonstrate that:

1. the accused made and uttered a specific check;

2. the check was made and uttered for the purchase of a sure thing, in payment of a debt, or for a particular purpose;

3. the accused subsequently failed to place or maintain sufficient funds in or credit with the drawee bank for payment of the check in full upon its presentment for payment;

4. this failure was dishonorable; and

5. under the circumstances, the conduct of the accused was either (i) to the prejudice of good order and discipline in the armed forces, (ii) was of a nature to bring discredit upon the armed forces, or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Understanding Article 134 (Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds) of the UCMJ

This offense differs from an Article 123a offense in that there need not be an intent to defraud or deceive at the time of making, drawing, uttering, or delivery, and that the accused need not know at that time that the accused did not or would not have sufficient funds for payment. The gist of the offense lies in the conduct of the accused after uttering the instrument. Mere negligence in maintaining one’s bank balance is insufficient for this offense, for the accused’s conduct must reflect lousy faith or gross indifference. As in the offense of dishonorable failure to pay debts, disgraceful conduct of the accused is necessary, and the other principles also apply here.

Maximum Possible Punishment for Violations of Article 134

Service members convicted of a violation of Article 134 for – Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds face a maximum possible punishment of a bad conduct discharge, forfeiture of all pay and allowances, and confinement for six months.

How do you defend against Article 134 Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds charges?

When facing the combined military resources and the current cultural climate, you must be prepared to defend your career and freedom. Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these 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 134 charges for Check, Worthless Making, and Uttering – by Dishonorably Failing to Maintain Funds. In that case, you must speak with a Military defense attorney immediately. We understand what is at risk and know how to protect your career, freedom, and future. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.