UCMJ Article 134: Bribery and Graft

When a service member uses his or her power, position, or wealth to influence somebody into taking certain actions, he or she could be discovered and held liable for crimes committed against the military and the U.S. Government. The result could be accusations and a conviction of either bribery or graft—two very serious offenses which could prove disastrous for that service member’s future.

A service member who is accused, convicted and sentenced to crimes of bribery or graft faces a terrible situation. Failing to prepare for their court-martial could have long-lasting and devastating consequences to their military career, their freedom, and their finances.

  • A conviction of bribery or graft will likely be the end of your military career. You may be dishonorably discharged, reduced in rank and put in prison.
  • You may forfeit your pay and allowances and lose your retirement benefits. This could come out hundreds of thousands, if not millions of dollars, over your lifetime.
  • Graft and bribery could land you in prison for years, up to half a decade in certain circumstances.

Your future hangs in the balance of your upcoming court-martial. Do not delay. Contact our law offices and start fighting back TODAY.

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What Is Article 134 (Bribery & Graft) of the UCMJ?

Every article of the UCMJ requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions—known as elements—to convict you of a crime. Two offenses related to the asking or offering of compensation are listed under Article 134 (Bribery & Graft), each with its own specific set of elements.

  • (1) Asking, accepting, or receiving
    • (a) That the accused wrongfully asked, accepted, or received a thing of value from a certain person or organization;
    • (b) That the accused then occupied a certain official position or had certain official duties;
    • (c) That the accused asked, accepted, or received this thing of value (with the intent to have the accused’s decision or action influenced with respect to a certain matter)* (as compensation for or in recognition of services rendered, to be rendered, or both, by the accused in relation to a certain matter**;
    • (d) That this certain matter was an official matter in which the United States was and is interested; and
    • (e) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
  • (2) Promising, offering, or giving
    • (a) That the accused wrongfully promised, offered, or gave a thing of value to a certain person or organization;
    • (b) That the accused then occupied a certain official position or had certain official duties;
    • (c) That this thing of value was promised, offered, or given (with the intent to have the accused’s decision or action influenced with respect to a certain matter)* (as compensation for or in recognition of services rendered, to be rendered, or both, by the accused in relation to a certain matter**;
    • (d) That this certain matter was an official matter in which the United States was and is interested; and
    • (e) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Summary of the Elements of Article 134 (Bribery & Graft): Bribery and Graft are listed under Article 134 and pertain to both the receiving and offering of influence or compensation. Prosecutors are required to prove that the accused held an official position in the military and that the matters were related to U.S. interests and could damage the standing of the U.S. Military.

Military Defense Attorney for Article 134 (Bribery & Graft) of the UCMJ: Winning Your Case

The system you are up against convicts over 90% of the service members it accuses. To secure the best possible outcome in your case, the first step is to realize you stand a very good chance of being convicted. Only then will you seek out the help you need to affect the final outcome in a positive manner.

Bilecki & Tipon LLLC has been giving U.S. service members a chance to fight back against the military’s conviction machine. To do so, we rely on a mixture of tenacity, experience, and a dedicated in-house team to even our client’s odds in court.

Let’s take a look at each of these in more detail.

  • We control the courtroom. An attorney that can walk into the courtroom and control the narrative can also control the outcome of the trial. The attorneys at Bilecki & Tipon are some of the most experienced in the business and have defended hundreds of service members in state and military courts.
  • We are knowledgeable about graft and bribery. The outcome of the case rests on the ability of your attorney and his or her team to understand the UCMJ and build a strategy around your case based on the elements of Article 134. Bilecki & Tipon understands bribery and graft charges and can ensure you get the best outcome—not a raw deal.
  • We employ a full-time investigator with law enforcement experience. From our skilled investigator to our knowledgeable paralegal staff, we have support behind our attorneys that few military law firms can match.

Do not risk the worst case scenario in bribery or graft case. Contact Bilecki & Tipon TODAY for a confidential consultation.

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Experienced Military Defense Lawyers for Article 134 Charges

Accusations of graft and bribery are incredibly stressful. But you do not have to face those accusations on your own. Bilecki & Tipon are court martial defense lawyers decades of experience defending service members like yourself from the worst case scenario. We have a history of providing positive results for our clients. And we can do so for you. Here are just a few of the cases that we’re proud of.

Bilecki & Tipon will help you fight back against charges under Article 134: Bribery & Graft

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Frequently Asked Questions About Article 134

What Is the Maximum Possible Punishment for Article 134: Bribery and Graft?

Bribery and graft are two separate criminal offenses listed under Article 134 of the UCMJ. Maximum sentencing for each of these offenses includes:

Bribery:

  • Reduction to E-1
  • Forfeiture of all pay and allowances
  • Confinement for 5 years
  • Dishonorable discharge

Graft:

  • Reduction to E-1
  • Forfeiture of all pay and allowances
  • Confinement for 3 years
  • Dishonorable discharge

What Is the Difference Between Bribery and Graft?

The two terms are very similar to one another. The UCMJ defines two separate elements which must be proven for the military to convict you of either bribery or graft:

Bribery:

  1. That the accused asked or was given a thing of value with the intent to influence or be influenced by a person.

Graft:

  1. That the accused asked or was given a thing of value as compensation for or in recognition of services rendered, to be rendered, or both

Does Bilecki & Tipon Travel to Military Installations Around the World?

Yes. Bilecki & Tipon is based out of Hawaii but has clients in Korea, Mainland Japan, Okinawa, Guam, CONUS and Europe.

If you are either accused of a crime or believe you may be a suspect in a crime, contact our law firm TODAY to schedule a confidential consultation.

What Our Clients Are Saying About Us

  • Bilecki & Tipon, LLLC His knowledge and experience were evident during the Article 32 where he seemed to sort of take control of the court room.
  • Bilecki & Tipon, LLLC This was the best investment I have ever made in my life. Again I am forever in debt to this firm.
  • Bilecki & Tipon, LLLC Mr. Bilecki and his law group ARE that best team.
  • Bilecki & Tipon, LLLC Mr. Bilecki and his team are extremely aggressive, thorough, and know what they are doing. They saved my life.
  • Bilecki & Tipon, LLLC Do not go into the courtroom by yourself. Go in with a confident hard charging legal firm like Bilecki & Tipon.
  • Bilecki & Tipon, LLLC Mr. Bilecki and his associates are amazingly qualified and skilled in handling UCMJ cases.
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