CORE CRIMINAL LAW SUBJECTS: Crimes: Article 134 -- Check, Worthless, Making and Uttering -- by Dishonorably Failing to Maintain Funds

2008 (Transition)

 

United States v. Falcon, 65 M.J. 386 (a worthless check offense under Article 134, UCMJ, requires that the accused dishonorably fail to maintain funds after the check was made and uttered; the offense does not require an intent to defraud or knowledge by the accused that he has insufficient funds to cover the check; the offense can be satisfied with bad faith or gross indifference, which is a lesser mens rea than the specific intent to defraud required in Article 123a, UCMJ).

 

(the gambler’s defense to worthless check offenses under Article 134, UCMJ, is overruled).



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