CORE CRIMINAL LAW SUBJECTS: Crimes: Article 123a - Making, Drawing, or Uttering Check, Draft, or Order without Sufficient Funds

2008 (Transition)


United States v. Falcon, 65 M.J. 386 (the elements of Article 123a, UCMJ, include knowledge by the accused that the accused did not have sufficient funds at the time of writing the check and that the act was committed with the intent to defraud; the actions of the payee have no impact where an offense requires the payor to act with a specific intent to defraud, as does Article 123a, UCMJ; unlike an Article 134, UCMJ, offense, an Article 123a, UCMJ, offense is complete once the check is proffered and before the payor acts or the payee uses the money).

 

(the gamblerís defense does not extend to Article 123a, UCMJ). 



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