Article 127 | Extortion

Facing an Article 127 Charge for Extortion? Don’t go it alone.  Military Law Center can help.

The Manual for Courts-Martial, under Article 127 (10 U.S.C. 927), states any person subject to the UCMJ who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.

Extortion under Article 127 can be proven by the government at court-martial or administrative hearing through by proving the elements below.

Extortion Elements:

1. That the accused communicated a certain threat to another; and 
2. That the accused intended to unlawfully obtain something of value, or any acquittance, advantage, or immunity.

The terms found within the statute above in Article 127 have specific definitions.  The following definitions apply:

In General: Extortion is complete upon communication of the threat with the requisite intent. The actual or probable success of the extortion need not be proved.

Threat: A threat may be communicated by any means but must be received by the intended victim. The threat may be: 

• a threat to do any unlawful injury to the person or property of the person threatened or to any member of that person’s family or any other person held dear to that person; 
• a threat to accuse the person threatened, or any member of that person’s family or any other person held dear to that person, or any crime; 
• a threat to expose or impute any deformity or disgrace to the person threatened or to any member of that person’s family or any other person held dear to that person; 
• a threat to expose any secret affecting the person threatened or any member of that person’s family or any other person held dear to that person; or 
• a threat to do any other harm.

Acquittance: An acquittance is a release or discharge from an obligation.

Advantage or Immunity: Unless it is clear from the circumstances, the advantages or immunity sought should be described in the specification of the charge. An intent to make a person do an act against the person’s will is not, by itself, sufficient to constitute extortion.

Pursuant to Rule for Court-Martial 305, a Commanding Officer may order a service member into pretrial confinement for extortion under Article 127. The Commanding Officer may place the service member in the brig, not as punishment, but to protect society from the necessary risk of the accused committing another offense.

Attorneys at the Military Law Center help those confined in the brig pretrial seek release at their Initial Review Officer (IRO) hearing. At an IRO hearing, a neutral and detached officer shall review the probable cause determination and necessity for continued pretrial confinement. The IRO will consider whether:

• An Article 127 offense triable by court-martial has been committed;
• The confine committed it;
• Confinement is necessary because it is foreseeable that:
  • The confine will not appear at trial, pretrial hearing, or preliminary hearing; or
  • The confine will engage in serious criminal misconduct; and
• Less severe forms of restraint are inadequate.

As an accused, you have the right to require your command present a preponderance of evidence at the IRO hearing to prove why you should remain in pretrial confinement. Working with experienced extortion attorneys for IRO hearings is the first step to showing your command you will fight for your freedom!

An Article 127 charge is serious, can stop a military career, and even warrant brig time. But there are defenses available to fight the accusation:

• Alibi:
  “Alibi” means that the accused could not have committed the offense charged because the accused was at another place when the offense occurred. As this defense allows the accused to show he or she was not the person who kidnapped a person at a certain time or place, the government will be unable to meet its burden of proof. The burden remains on the prosecution to demonstrate the accused’s guilt. 
• Insufficient Evidence:
  The government is required to bring “proof beyond a reasonable doubt” to secure a conviction. Showing the government lacks sufficient evidence to meet its burden is a defense at trial.
• No Intent:
  Showing the accused lacked the requisite intent is a defense. If a person made a joke about the threat and there is evidence to show the “threat” was a joke is a defense to defeat the “intent” element.

The maximum punishment for Article 127 is a dishonorable discharge, confinement for 3 years, total forfeitures of pay and allowances, reduction in rank to E-1, and other lawful punishments.

The potential penalties for offenses in the military under Article 127 vary on the seriousness of the extortion. A court-martial can impose a range of punishments, including:

• Confinement: The accused may face imprisonment for a specific period determined by the court-martial.
• Reduction in rank: This could involve a demotion to a lower enlisted grade or officer rank.
• Forfeiture of pay and allowances: The accused may lose a portion of their military pay and benefits.
• Bad-conduct discharge: This is a less severe form of separation with a negative characterization, potentially impacting future employment opportunities and veteran benefits.
• Reprimand or admonition: These are non-judicial punishments involving official censure of the accused’s actions.

The specific maximum punishment for an Article 127 offense will depend on how the government presents its case and how many separate specifications the accused is facing. Our attorneys at the Military Law Center can help provide a maximum punishment for your case during a free consultation.

The military has the option of charging an accused with extortion offenses at a court martial or choosing to use the administrative separation board process. All military services prohibit extortion. An ADSEP Board for Article 127 offenses is a more challenging environment for an accused to win because the burden of proof is far lower than that required at a court martial. 

Despite the easier burden for the government, attorneys at the Military Law Center have successfully defended service members facing extortion allegations. With diligent investigation and excellent courtroom presence, our attorneys have defeated these allegations in the past. By strategically planning a defense, preparing early, and critically analyzing the evidence, our ADSEP Board lawyers can help get your military career back on track.

When a service member is arrested for extortion or becomes “titled” in a law enforcement investigation, their security clearance may be in jeopardy. Service members may receive a Request for Supplemental Information (RSI) from the Defense Counterintelligence and Security Agency (DSCA). DSCA is required to review a service member’s eligibility for an active security clearance when they are charged with or convicted of any criminal offenses (excluding traffic violations that do not involve alcohol or drugs, resulting in fines less than $300) since the last investigation pursuant to DoDM 5200.02. 

As any response to DSCA may be used against a service member later at an ADSEP Board or court martial, it is paramount to consult with a qualified military law attorney with experience with security clearance issues. Effective responses to a request for supplemental information will use the 2017 National Security Adjudicative Guidelines, Security Executive Agent Directive 4.

An Article 127 arrest and conviction for extortion can have devastating consequences beyond the courtroom. It can damage your reputation within the military, stall your career progression, and potentially hinder future job opportunities in the civilian sector.

Additionally, service members may be precluded from ownership, receipt, or transport of any firearm that has been transported in interstate or foreign commerce under 18 U.S.C. § 922(g)(6) when the accused separates from the military with a dishonorable discharge or is punished with more than one year of confinement.

Facing an Article 127 accusation for extortion can be terrifying and oftentimes a distressing experience. At Military Law Center, our extortion attorneys understand the challenges you’re facing, and we’re here to help. Here’s what sets us apart:

• Experienced Military Defense Lawyers:
  Our team is comprised of former military judge advocates (JAGs) with a deep understanding of military law and the UCMJ. We’ve successfully defended countless service members facing all kinds of allegations, and we know how to litigate the complexities of military justice from start to finish.
• Personalized Attention:
  We care for every client as an individual. We’ll take the time to understand your specific situation and develop a personalized defense strategy, to include rehabilitation options, designed to achieve the best possible outcome.
• Aggressively Protecting Your Rights:
  We’re committed to fighting for your rights and ensuring you receive fair treatment throughout the legal process. We’ll explore all available defenses and work tirelessly to protect your career and reputation.
• Clear Communication:
  We understand legal terms can be confusing. We’ll keep you informed about the progress of your case and explain everything in clear, understandable terms.
• Free Consultation:
  We offer a free consultation to discuss your situation and answer any questions you may have. This allows you to make informed decisions about your defense strategy.

Don’t Face Article 127 Allegations Alone. Military Law Center Can Help.

An Article 127 charge can take away your gun rights and security clearance, stall your military career, and damage your personal and professional reputation. But you don’t have to fight by yourself. Military Law Center has a proven track record of successfully defending service members facing the most serious charges like extortion and getting them the help they need. Our experienced military law attorneys understand the military justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case. 

Contact Military Law Center today for a free consultation.
We’ll stand by your side and fight for you.

Call Us Today – (760) 536-9038