At Bilecki Law Group, we defend service members against charges of extortion under Article 127 of the UCMJ. A threat, a joke and a lawful order are different things. We’re ready to understand what actually happened and defend your version of the events.
What Is Article 127 Of The UCMJ?
Article 127 of the UCMJ governs the charge of extortion as committed by service members of the United States Armed Forces. Extortion takes place when a service member communicates a threat in order to unlawfully obtain something of value or an advantage/acquittance/immunity.
If convicted, a service member could find themselves facing a dishonorable discharge, total forfeiture of all pay and allowances, 3 years confinement and a reduction in rank to E-1. An “or else” statement does not establish extortion by itself. The government must prove the threat and the intent to obtain the unlawful benefit required by Article 127.
Consider a 225-pound Lance Corporal threatening a 150-pound Corporal with violence over the next fire-watch assignment. That is a serious allegation, but the government still has to prove what was communicated and what the Lance Corporal intended to obtain. Rank, size and an angry exchange do not answer every element of the charge.
You have served your country honorably and at great cost, and been repaid with accusations of extortion. You deserve better. You deserve a fighting chance.
What Kind Of Threat Is Necessary To Prove Extortion Under Article 127?
A platoon sergeant’s threat of physical violence and a warning that a dirty barracks room will cost someone a weekend pass are not interchangeable with the legal definition of extortion. The words, the circumstances and the intended benefit matter. So we need to dig into what Article 127 actually requires.
Extortion – For a service member to be found guilty, the prosecution must satisfy the following two elements:
(1) That (state the time and place alleged), the accused communicated a certain threat to (state the name of the person to whom the threat was allegedly communicated), to wit: (state the language alleged), or words to that effect; and
(2) That the accused thereby intended to unlawfully obtain (something of value, to wit: ____) (an acquittance) (an advantage, to wit: __________) (an immunity, to wit: __________).
The UCMJ clarifies that the offense of extortion is complete when one wrongfully communicates a threat with the intent to obtain something of value. The actual or probable success of the extortion need not be proved. An outrageous threat is not the whole offense, however. The government still has to prove the intent unlawfully to obtain the required benefit.
The threat in extortion may be (a threat to do any unlawful injury to the person or property of the individual threatened or of any member of his/her family or any other person held dear to him/her) (a threat to accuse the individual threatened, or any member of his/her family or any other person held dear to him/her, of any crime) (a threat to expose or impute any deformity or disgrace to the individual threatened or to any member of his/her family or any other person held dear to him/her) (a threat to expose any secret affecting the individual threatened or any member of his/her family or any other person held dear to him/her or a threat to do any harm).
Can I Be Convicted Of Extortion Under Article 127 If I Was Joking?
As it pertains to declarations made in jest, a declaration made under circumstances which reveal it to be in jest or for an innocent or legitimate purpose or which contradicts the expressed intent to commit the act, is not wrongful. Nor is the offense committed by the mere statement of intent to commit an unlawful act not involving injury to another.
Calling a statement a joke does not settle the issue. We need the words, the witnesses and the surrounding circumstances. If the evidence shows retaliation or a witness protecting their own position, we will put that evidence to work.
Consider a hypothetical: a platoon sergeant finds a First Sergeant’s misplaced firearm. Returning it is one thing. Threatening to expose the loss unless the First Sergeant grants a favor raises a different question. The government must prove the communicated threat and the unlawful benefit sought. Neither the rank of the people involved nor a tense conversation supplies that proof by itself.
How To Fight Back And Win Against Charges Of Extortion?
If an extortion allegation involves other service members, we need to understand their conduct and their stake in the story. You are going to have to fight like hell for your career. If the evidence shows someone shifting responsibility onto you, we will challenge it.
This means if we need to get the platoon sergeant, first sergeant, or CO on the stands and tear them to pieces, so be it. If a leader’s account protects their own career at your expense, we will test it against the records and the other witnesses. You need representation that is willing to fight for you.
Do not mistake familiar barracks language for a defense, and do not mistake an accusation for proof. An extortion conviction can put your career, retirement and freedom at risk. Being six months from retirement makes the stakes personal; it does not relieve the government of proving its case.
Remember, every extortion case requires a communicated threat and the intent unlawfully to obtain something of value, an advantage, an acquittance or an immunity. Prosecutors do not have to prove that the threat succeeded, but they do have to prove that unlawful intent. And with the right defense team at your side, that’s easier said than done. To prepare for your case, we’ll perform a full investigation into the alleged extortion. Some of the avenues we may consider include:
- The nature of the threat. Does any direct evidence exist, such as witness testimony, recordings, a confession, etc.? Was the threat a joke made in poor taste, or some other miscommunication? How did the accused attain this power of extortion over the alleged victim? Is the threat grave enough that it could affect the livelihood of the alleged victim or his family?
- The nature of the benefit. Did the alleged victim act in a way which seemed odd during the time when he or she was being extorted? Could some other reason besides extortion be at play to explain certain actions? The threat itself may not be recorded and may never come to light. But prosecutors may be able to show how the alleged victim took a specific set of actions which directly benefited the accused. Which is why it’s so important for the defense to question the intent of those actions.
- The connection between the accused and the victim. How did the alleged victim and accused service member become acquainted? What was their relation up to and during the time that the extortion occurred? What reason would the accused have for betraying the trust of the alleged victim?
If you are under investigation or facing court martial for charges of extortion, reach out to us and we’ll shoot you straight on what you are facing. We’ll give you a free strategy defense session that you can use whether you choose to retain us or not. You have to get ready for a fight and it’s coming your way whether you like it or not. Reach out to us and get us into that fight. Don’t be the sacrificial lamb and take one for the team. Fight back and save your career, freedom, and retirement from abuse and misuse of the UCMJ.
Bilecki Law Group will help you fight back against charges under Article 127: Extortion
Maximum Punishments and Sentencing Parameters
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must sentence within the applicable confinement range unless specific facts justify a departure. If the judge departs, the record must contain a written statement explaining the factual basis. These ranges do not replace the lawful maximum punishment for the offense or the court-martial’s jurisdictional limits. For offenses assigned sentencing criteria instead of a category, the judge must consider those criteria.
The ranges below are stated in months and are limited where the offense has a lower confinement maximum. A special court-martial can impose no more than its own authorized limit, even when an offense or category allows more. The maximum is not a prediction of the sentence in your case.
| Offense | Maximum confinement | Category or criteria | Confinement range in months |
|---|---|---|---|
| Extortion | 3 years | Category 2 | 1–36 |
Reduction to E-1 applies to enlisted personnel. Dismissal, rather than a dishonorable or bad-conduct discharge, is the authorized punitive separation for commissioned officers, including commissioned warrant officers, and cadets and midshipmen. The authorized punishment also depends on the offense date and court-martial forum.
Facing an Allegation?
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Frequently Asked Questions About Article 127
What Is the Maximum Possible Punishment for Extortion in the Military?
For service members convicted of extortion, Article 127 authorizes a maximum punishment which includes:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 3 years
- Dishonorable discharge
What Does the UCMJ Consider a “Threat” Which Could Justify an Extortion Charge?
A threat of unlawful injury, accusation, exposure of a secret or disgrace, or other harm can support extortion when it is wrongfully communicated with the intent to obtain the unlawful benefit required by Article 127. A mention of violence or embarrassing information does not establish those elements by itself.