UCMJ Articles 124a and 124b: Bribery and Graft
At Bilecki Law Group,We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
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.
Bribery & Graft UCMJ Elements
Every punitive article of the UCMJ (77-134) requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions (elements) to convict you of a crime.
Bribery under Article 124a requires a wrongful request, acceptance, receipt, promise, offer or gift of something of value, with intent to influence an official decision or action concerning a matter in which the United States is interested. In a receiving case, the accused must occupy the official position or have the official duties. In an offering case, the other person must occupy that position or have those duties.
Graft under Article 124b concerns a thing of value wrongfully requested, accepted, received, promised, offered or given as compensation for, or recognition of, official services rendered or to be rendered in a matter in which the United States is interested. The same distinction between the receiving official and the person offering compensation matters.
The government must prove the elements of the charged form beyond a reasonable doubt. These current statutory offenses do not require the additional Article 134 terminal element. Alleged conduct before 1 January 2019 must be assessed under the earlier law.
How We Win Your Case
The government is building a bribery or graft case against you. Your defense has to test what was offered, what was received, and what the evidence actually proves. That work needs to start before the government’s version goes unchallenged into court.
Bilecki Law Group 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 Tim and Ben’s combined work and independent specialists selected for the case 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 who knows the evidence can expose weaknesses in the government’s account and give the court a reason to reject it. The attorneys at Bilecki Law Group 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 the charged bribery or graft offense. Bilecki Law Group understands bribery and graft charges and fights for the strongest result the evidence and law support.
- When the work calls for an outside investigator, we can select one for your case. Tim and Ben direct the investigation and bring the findings into your defense. We work with independent investigators and experts so we can choose the right skills for your case instead of building the cost of an in-house investigator into every client’s legal fee.
Do not risk the worst case scenario in bribery or graft case. Contact Bilecki Law Group TODAY for a confidential consultation.
Accusations of graft and bribery are incredibly stressful. But you do not have to face those accusations on your own. Bilecki Law Group 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. Review a few of the cases that we’re proud of.
Bilecki Law Group will help you fight back against bribery charges under Article 124a or graft charges under Article 124b
Maximum Possible Punishment for Bribery and Graft?
Bribery and graft are separate offenses under Articles 124a and 124b. Their current maximums and sentencing parameters are:
| Offense | Maximum confinement | Category | Applicable confinement range before any justified departure | Other listed maximum punishments |
|---|---|---|---|---|
| Bribery under Article 124a | 5 years | 2 | 1–36 months | Dishonorable discharge and forfeiture of all pay and allowances |
| Graft under Article 124b | 3 years | 2 | 1–36 months | Dishonorable discharge and forfeiture of all pay and allowances |
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 use the applicable confinement range unless specific facts justify a departure, which requires a written statement in the record explaining the factual basis. A category range does not increase the offense’s lawful maximum or the court-martial’s jurisdictional limit. An offense assigned sentencing criteria instead of a category requires consideration of those criteria. These are current rules; the date of the alleged conduct determines which offense definition and maximum punishment apply. Earlier conduct requires checking the earlier law. Confinement ranges are separate from authorized discharge, forfeiture and other punishments. Reduction to E-1 applies to enlisted personnel, not officers. Punitive separation also depends on military status. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members.
The following lists summarize the authorized maximum punishments.
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: That the accused asked or was given a thing of value with the intent to influence or be influenced by a person.
Graft: 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 Law Group Travel to Military Installations Around the World?
Yes. Bilecki Law Group is based in Tampa, Florida but represents service members worldwide. 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.