UCMJ Article 123a – Making, Uttering, or Drawing Check, Draft, or Order Without Sufficient Funds

UCMJ Article 123a punishes service members who write, make, or pass checks, drafts, or orders for payment while knowing that they do not have enough funds or credit to cover the amount. This offense targets fraudulent financial conduct that undermines trust, accountability, and discipline in the armed forces.

The article is distinct from larceny and forgery. It focuses specifically on financial instruments knowingly used without sufficient funds, whether for personal gain, deception, or negligence. The offense may harm civilians, businesses, or the military’s reputation, making strict enforcement necessary.

Key Elements

To convict under Article 123a, the prosecution must prove:

  1. That the accused made, drew, uttered, or delivered a check, draft, or order for payment.
  2. That the instrument was made or delivered to obtain money, property, or services.
  3. That the accused knew they did not have sufficient funds or credit at the time.
  4. That the conduct was wrongful and intended to defraud.

Scope and Application

Article 123a applies in both personal and official financial dealings:

  • Writing checks at military exchanges or commissaries without sufficient funds.
  • Passing bad checks in off-base businesses.
  • Drawing drafts or money orders to pay for services while knowing accounts lack funds.
  • Using checks as a form of deception to obtain goods or services fraudulently.

The offense requires knowledge of insufficient funds. Simple mistakes, such as minor accounting errors without intent to defraud, generally do not qualify.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years.

Defenses

Possible defenses include:

  • No intent to defraud: The accused believed funds were sufficient or expected funds to be available when the check was presented.
  • Clerical or banking error: If the bank or institution mishandled deposits or credits.
  • Post-dated checks: If the check was dated for the future and both parties understood it was not immediately negotiable.
  • Lack of knowledge: If the accused reasonably believed sufficient funds were available.

Examples

If a soldier writes a check at the commissary knowing their account is empty, Article 123a applies. If a Marine delivers a draft to pay rent while aware their account lacks funds, it is punishable. If an airman knowingly uses multiple bad checks to obtain property from civilians, that is a violation. However, if a sailor miscalculates their balance and unintentionally overdraws, it may not be wrongful under Article 123a.

Conclusion

Article 123a ensures financial accountability among service members by punishing the knowing use of bad checks and similar instruments. The offense undermines trust and can damage the reputation of the armed forces when service members defraud civilians or businesses. Enforcement of this article maintains financial integrity and discipline within the military community.

Frequently Asked Questions

1. How is Article 123a different from larceny under Article 121?
Article 123a focuses on knowingly writing or passing bad checks or drafts without sufficient funds. Larceny involves wrongful taking of property through any means. Both are property crimes, but Article 123a specifically targets fraudulent use of financial instruments. The distinction ensures precise punishment for different types of misconduct.

2. Does the prosecution need to prove intent?
Yes. The government must show that the accused knowingly wrote or passed a check while aware of insufficient funds. Honest mistakes, such as miscalculating balances, do not meet the standard. Intent to defraud is central to establishing guilt. Without proof of intent, the charge cannot stand.

3. What is the maximum punishment under Article 123a?
The maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years. This reflects the seriousness of financial misconduct in the military. Lesser punishments may apply for small amounts or when mitigating factors exist. Sentencing depends on the circumstances.

4. Can a post-dated check qualify as a violation?
Not usually, if both parties understood the check was not immediately negotiable. A post-dated check is generally not considered fraudulent if the payee knew funds were not available at the time. However, if the accused post-dated a check to deceive and never intended to pay, liability may still attach. Context is critical in these cases.

5. What if the accused expected funds to be deposited?
If the accused reasonably believed that deposits or credits would cover the check, intent to defraud may be absent. For example, if a paycheck was expected but delayed through no fault of the accused, that could be a defense. The law focuses on knowledge and wrongful intent at the time of writing the check. Good faith expectations can defeat liability.

6. Does Article 123a apply only to checks?
No. It also applies to drafts and other financial instruments that order payment of money. The important factor is that the writing purports to draw on funds or credit that are not actually available. Any instrument knowingly used without sufficient funds can fall under this article. This keeps the rule broad enough to prevent loopholes.

7. Can service members be punished under civilian law too?
Yes. Writing bad checks may violate both military and civilian law. Service members can face dual prosecution because civilian and military jurisdictions are separate. Double jeopardy does not apply in this context. Civilian businesses defrauded by military personnel often push for accountability in both courts.

8. How does this article protect military discipline?
By holding service members accountable for financial integrity, Article 123a preserves the military’s reputation and reliability. Financial dishonesty undermines civilian trust in the armed forces and creates disorder within the ranks. Strict enforcement deters fraud and ensures service members uphold ethical standards. The rule reinforces that dishonesty is incompatible with military service.

9. Can a banking error excuse liability?
Yes, if the insufficient funds were the result of mistakes by the bank rather than the accused. For example, if a deposit was mishandled or posted late, the accused may not have knowingly committed fraud. The defense must show the service member acted in good faith and reasonably relied on accurate banking practices. Proof of negligence by the bank can negate liability.

10. Why is Article 123a important today?
Because financial fraud damages military credibility and relationships with civilian communities. Even small acts of writing bad checks can have outsized consequences for public trust. By enforcing accountability, Article 123a reinforces ethical behavior and deters fraud within the ranks. It sends a message that service members must uphold honesty in all financial dealings.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 923a, Article 123a
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0155
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Ligon, 37 M.J. 314 (1993)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 123a or any other UCMJ provision, you should consult a qualified military attorney.

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