Article 123a UCMJ – Making, Drawing, or Uttering Worthless Checks – Military Defense Lawyers
UCMJ Military Defense Guide by Gonzalez & Waddington
Article 123a of the Uniform Code of Military Justice criminalizes making, uttering, or drawing checks, drafts, or orders without sufficient funds with intent to defraud or deceive. This includes physical checks, electronic checks, debit transactions, payment authorizations, and digital banking instruments. Service members may also be prosecuted under Article 123a for knowingly stopping payment with intent to cheat or defraud.
Despite sounding old-fashioned, Article 123a is used frequently in modern cases involving online banking, Zelle transactions, Venmo/PayPal chargebacks, debit card overdrafts, rental payments, payday loans, bounced checks, and digitally processed bills. Commands often misunderstand digital banking issues and treat routine overdrafts as criminal conduct.
Florida military installations—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt, Tyndall, Patrick SFB, MacDill, NSA Panama City, NAS Key West, and Coast Guard Sectors—see a high volume of Article 123a accusations tied to off-base rentals, bail bonds, payday loans, car dealerships, furniture financing, and civilians filing complaints after payment disputes.
Gonzalez & Waddington defends service members worldwide in financial misconduct cases, including allegations of check fraud, BAH fraud, travel voucher disputes, bank-related misunderstandings, and claims of financial deception. We expose administrative errors, banking misunderstandings, predatory lenders, and lack of fraudulent intent.
What Article 123a Criminalizes
The statute covers two main categories of misconduct:
1. Writing or Passing Worthless Checks
The accused wrote or delivered a check or payment instrument knowing it would not be honored.
2. Stopping Payment With Intent to Defraud
This includes intentionally stopping payment on an otherwise valid check to avoid paying a debt.
These allegations often arise when commands misunderstand banking errors or civilians file complaints against service members as leverage in financial, rental, or personal disputes.
Elements of Article 123a
To convict a service member under Article 123a, prosecutors must prove:
1. The Accused Made, Drew, Uttered, or Delivered a Check/Instrument
This includes physical checks and digital or electronic equivalents.
2. The Instrument Was Dishonored or Payment Was Stopped
The financial institution refused payment, returned it, or flagged it as insufficient.
3. The Accused Knew There Were Insufficient Funds
Lack of knowledge is a complete defense.
4. The Accused Intended to Defraud or Deceive
This is the central disputed element in nearly every case.
5. The Conduct Was Prejudicial to Good Order or Service-Discrediting
Often contested in minor financial disputes.
Types of Conduct Considered “Worthless Checks” Under Article 123a
- Physical check written on insufficient funds
- Checks returned for “non-sufficient funds” (NSF)
- Electronic checks that bounce
- Mobile check deposit reversals
- Digital payments using overdraft protection incorrectly
- Zelle/Venmo/PayPal payments reversed or flagged
- Bounced rental deposits
- Overdraft-based debit purchases
- Auto-pay transactions failing due to insufficient balances
- Intentional stop-payment orders used deceptively
Most of these situations are financial misunderstandings—not criminal acts.
Maximum Punishments Under Article 123a
Penalties depend on the nature of the offense:
- Bad-conduct discharge
- Confinement up to 5 years
- Total forfeitures
- Reduction to E-1
- Loss of clearance
- Administrative separation
Even minor cases can end a career because they impact trustworthiness and financial responsibility.
Why Article 123a Allegations Are Common in Florida
Florida produces many worthless-check allegations due to the state’s financial landscape:
- High rent costs leading to account fluctuations
- Predatory payday lenders targeting service members
- Car dealerships aggressively pursuing military buyers
- Nightlife-related spending and alcohol-based decisions
- Private landlords filing complaints against service members
- Deposit checks bouncing due to banking delays
- Zelle/Venmo/PayPal scams
- Joint accounts with spouses or partners mismanaging funds
Most Article 123a cases in Florida involve young service members navigating increasingly digital banking systems and being accused of fraud when no intent existed.
Common Real-World Article 123a Scenarios
1. Overdraft Banking Errors
Bank posts transactions out of order, causing a legitimate check to bounce.
2. Stop-Payment Request Misinterpreted
Service member stops payment during a dispute, which is then labeled “fraud.”
3. Relationship-Driven Allegations
Ex-partners accuse the accused of fraud during financial or emotional conflict.
4. Rental Disputes
Landlords accuse service members of “worthless checks” when renters are late due to PCS or pay issues.
5. Car Dealership Complaints
Dealers aggressively file complaints for bounced checks or delayed payments.
6. Digital Payment Reversals
A mobile payment is reversed, flagged, or delayed by the bank.
7. Paycheck Timing Errors
A known issue in Florida: DFAS payments arriving late or out of sync during PCS or mobilization.
8. Banking Scams
Service member falls victim to fraud and is blamed by the command.
9. Joint Account Confusion
Spouse or partner overspends and causes a check to bounce.
10. Merchant Errors
Stores double-charge accounts or delay charges, creating the appearance of fraud.
How Article 123a Investigations Work
Investigations typically involve:
- NCIS / OSI / CID / CGIS
- Local Florida police (especially for civilian complaints)
- DFAS financial analysts
- Bank records and account audits
- Command financial officers
- Credit union statements
Common Investigative Failures
- Failure to analyze bank transaction timing
- No investigation of overdraft patterns
- Assuming criminal intent based on appearance
- Ignoring spouse/joint-account misuse
- Misunderstanding digital banking processes
- No forensic analysis of account activity
- Taking civilian complaints at face value
Most 123a cases fall apart when the defense demands a complete financial analysis.
Defense Strategies for Article 123a Cases
1. Prove Lack of Intent to Defraud
- Overdraft error
- Bank posting reversal
- DFAS timing issue
- Joint-account misuse
- Good-faith belief funds were available
2. Show Administrative or Banking Error
Many bounced checks result from ordinary financial mechanics, not fraud.
3. Attack Civilian Complainant Credibility
- Landlords exaggerating
- Dealers coercing payment
- Payday lenders using criminal complaints as leverage
4. Present Full Banking History
We often prove the accused had NO intention to deceive.
5. Florida-Specific Defense Angles
- Seasonal bank delays
- Tourist-area scams targeting military members
- High-frequency payment disputes in Florida’s rental markets
6. Challenge Digital Evidence
Metadata, timestamps, and transaction logs often exonerate the accused.
Pro Tips for Anyone Accused Under Article 123a
- Do NOT make statements to investigators.
- Collect all bank statements immediately.
- Do not speak to civilian complainants.
- Preserve text messages and emails.
- Stop all online payments until advised.
- Document any scams or suspicious transactions.
- Hire a civilian defense attorney early.
Related UCMJ Articles
- UCMJ Article Hub
- Article 121 – Larceny & Wrongful Appropriation
- Article 123 – Forgery
- Article 132 – Fraud Against the United States
- Article 107 – False Official Statement
Article 123a UCMJ – Frequently Asked Questions
Are all bounced checks considered “worthless checks”?
No. Article 123a requires fraudulent intent. Most bounced checks result from timing errors, overdrafts, bank mistakes, or joint-account misuse—not criminal conduct.
What if my spouse overdrew our joint account?
This is extremely common. You cannot be convicted for someone else’s banking decisions unless prosecutors prove YOU knew the account lacked funds and intended to deceive.
Can a civilian landlord cause Article 123a charges?
Yes. Florida landlords frequently file complaints against service members. We expose exaggeration, bad faith, and abusive landlord tactics to defeat these allegations.
Is stopping payment on a check illegal?
Only if you intended to defraud. Stopping payment due to a dispute or mistake is NOT criminal.
Why hire Gonzalez & Waddington?
We are internationally recognized leaders in defending financial crime allegations under the UCMJ. We use banking experts, forensic accountants, cross-examination, and aggressive strategy to dismantle weak Article 123a cases.
Final Takeaways
Most Article 123a cases stem from misunderstandings, timing issues, joint-account misuse, civilian complaints, or financial confusion—not criminal fraud. With proper digital and banking analysis, these cases are highly defensible. We routinely dismantle Article 123a accusations and protect the careers of service members worldwide.
Your silence protects you.
Your lawyer defends you.
Your strategy determines your future.