Article 121a | Fraudulent Use of Credit Card, Debit Card, and Other Access Devices

Facing an Article 121a Allegation for Fraudulently Using a Credit Card?  You’re probably worried about your future and what can go wrong.  Don’t go it alone.  Military Law Center can help.

The Manual for Courts-Martial, under Article 121a (10 U.S.C. 921a), prohibits any service member from knowingly and with an intent to defraud uses a credit card, debit card, or an access device without proper authorization.

Fraudulent use of a credit card, debit card, or other access device under Article 121a can be proven by the government at court-martial or administrative hearing in three ways.

Stolen Credit and Debit Cards:

• The accused knowingly used a stolen credit card, debit card, or other access device; 
• That the use was to obtain money, property, services, or anything else of value; and 
• The use by the accused was with the intent to defraud.

Using Revoked, Cancelled, or Invalid Cards:

• That the accused knowingly used a revoked, cancelled, or otherwise invalid credit card, debit card;
• That the use was to obtain money, property, services, or anything else of value; and 
• The use by the accused was with the intent to defraud.

Without Authorization:

• That the accused knowingly used a credit card, debit card, or other access device without the authorization of a person whose authorization was required for such use;
• That the use was to obtain money, property, services, or anything else of value; and 
• The use by the accused was with the intent to defraud.

The terms found within the statute above in Article 121a have specific definitions.  The following definitions apply:

Generally:  This offense focuses on the intent of the accused an the technology used the by accused

Intent to Defraud: “Intent to defraud” means an intent to obtain, through a misrepresentation, an article or thing of value and to apply it to one’s own use and benefit or to the use and benefit of another, either permanently or temporarily.

Use a credit card, debit card, or other access device without the authorization of a person whose authorization was required for such use: This provision applies to situations where an accused has no authorization to use the access device from a person whose authorization is required for such use, as well as situations where an accused exceeds the authorization of a person whose authorization is required for such use.

Pursuant to Rule for Court-Martial 305, a Commanding Officer may order a service member into pretrial confinement for allegedly using a credit card with authorization under Article 121a.  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 121a 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 larceny attorneys for IRO hearings is the first step to showing your command you will fight for your freedom!

An Article 121a charge is can stop a military career in its tracks, and even warrant brig time for seriously misconduct.  But there are defenses available to fight the accusation:

• Mistake of Fact: 
  If a reasonable person would have believed they had permission to use the credit card, there may be a defense to defeat the wrongfulness element of the offense.
• Accident:
  If a service member accidently uses the wrong credit card, this accidental use would be a defense because it negates the “knowingly” element of the offense.  The burden remains on the prosecution to demonstrate the accused’s guilt.

The maximum punishment for Article 121a is a dishonorable discharge, confinement for 15 years, total forfeitures of pay and allowances, reduction in rank to E-1, and other lawful punishments.

Fraudulent Use for a Value More Than $1,000

• Dishonorable Discharge (DD) or Dismissal (Officers)
• Confinement for 15 Years
• Total Forfeitures
• Reduction in Rank to E-1

Fraudulent Use for a Value $1,000 or Less

• Bad Conduct Discharge (BCD)
• Confinement for 10 Years
• Total Forfeitures
• Reduction in Rank to E-1

The potential penalties for fraudulently using credit cards or debit cards in the military under Article 121a vary on the seriousness of the offense. 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 121a offense will depend on how the government presents its case, the value of the credit card use, 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 credit card offenses at a court martial or choosing to use the administrative separation board process.  All military services prohibit fraudulently using a credit or debit card.  An ADSEP Board for Article 121a 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 fraud 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 fraudulent credit or debit card use 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 121a arrest and conviction 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.  It may also hinder your ability to get financial loans in the future.

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 121a accusation for fraudulent credit card use or other theft offenses can be frustrating, stressful, and oftentimes a distressing experience. At Military Law Center, our 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 121a Allegations Alone. Military Law Center Can Help.

An Article 121a 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 and getting them the rehabilitative 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