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).