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 gambler’s defense does
not extend to
Article 123a, UCMJ).