At Bilecki Law Group, we defend service members against charges related to bribery and graft under Articles 124a and 124b of the UCMJ. We look for the facts the accusation leaves out and test the prosecution’s case. Fight back and you can win.
What Are Articles 124a and 124b Of The UCMJ?
Article 124a addresses bribery, and Article 124b addresses graft. These offenses concern offering, promising, giving, asking for, accepting or receiving things of value in connection with official matters, under the requirements of the particular statute. False claims are addressed separately by Article 124.
Bribery and graft are serious charges, and the purpose of an exchange matters. A bottle of whiskey or a can of SKOAL does not explain itself. Was it a personal gift, repayment of a debt, or something tied to an official decision or service?
We need the conversations, the timing and the surrounding circumstances. The government has to prove the particular offense, not just point to something of value changing hands.
Your world does not have to come crashing down around you. Let us help you.
What Specific Bribery And Graft Charges Exist Under Article 124a and 124b?
There are four specific charges related to bribery and graft under article 124a and 124b. With each charge, there are specific elements the prosecution must satisfy to find the service member guilty and we’ll list those below, just as you would see them within the UCMJ. We’ll also show you the maximum punishment you could be facing if found guilty. If you recognize part of a scenario below and think, “I may be guilty,” do not jump ahead of the evidence. Recognizing one fact does not establish every element. A good military defense attorney will be able to take the elements and wield them as weapons on your behalf against an overzealous prosecution.
Bribery (Asking, Accepting, Or Receiving) – For a service member to be found guilty, the prosecution must satisfy the following four elements:
(1) The accused wrongfully asked for, accepted, or received something of value from a person or organization.
(2) The accused held an official position or had official duties.
(3) The accused sought or received the benefit with intent to have an official decision or action influenced.
(4) The matter was an official matter in which the United States was interested.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Bribery (Promising, Offering, Or Giving) – For a service member to be found guilty, the prosecution must satisfy the following four elements:
(1) The accused wrongfully promised, offered, or gave something of value to another person.
(2) That person held an official position or had official duties.
(3) The accused intended the benefit to influence that person’s official decision or action.
(4) The matter was an official matter in which the United States was interested.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Graft (Asking, Accepting, Or Receiving) – For a service member to be found guilty, the prosecution must satisfy the following four elements:
(1) The accused wrongfully asked for, accepted, or received something of value.
(2) The accused held an official position or had official duties.
(3) The benefit was compensation for, or recognition of, services rendered or to be rendered in relation to the matter.
(4) The matter was an official matter in which the United States was interested.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 3 years confinement and reduction in rank to E-1.
Graft (Promising, Offering, Or Giving) – For a service member to be found guilty, the prosecution must satisfy the following four elements:
(1) The accused wrongfully promised, offered, or gave something of value to another person.
(2) That person held an official position or had official duties.
(3) The benefit was compensation for, or recognition of, services rendered or to be rendered by that person in relation to the matter.
(4) The matter was an official matter in which the United States was interested.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 3 years confinement and reduction in rank to E-1.
Are you being accused of bribery or graft? Bilecki Law Group can help. Contact us today to receive a free consultation.
How Serious Are Charges Of Bribery and Graft Under Articles 124a and 124b?
Consider these hypothetical examples. You slip the armorer $20 bucks to accept your dirty rifle on the first try after the field op or you quietly drop a bottle of whiskey on the Duty NCO desk so that a certain incident doesn’t make it into the log book. Both the duty and armorer are in official capacities and by definition, that would qualify as a charge under Article 124a or 124b, depending on the conduct and intent the government can prove.
The value involved and the official action at issue matter, but a charge is not a done deal. If the prosecution overstates what the evidence shows, we will challenge it. That means examining the alleged exchange, the witnesses and the investigation instead of accepting the government’s account at face value.
Yes, if convicted, your military career is likely over. However, your conviction is not a foregone conclusion. The prosecution must prove the elements we list above. They still have to hit the damn ball, and we make them do that for every element.
How to Fight Back and Win Against Bribery or Graft Charges?
Do not assume the government’s account is the whole story. Take the fight to the evidence and make the prosecution prove the charge. When a bully comes looking for trouble, you give that bully the last thing they want. Namely, a punch right in the mouth.
There could be a million reasons why what you gave or accepted in an official capacity was just a gift or one buddy doing another buddy a solid. You drop whiskey on the Duty’s desk because last week, he gave you his last can of SKOAL in the field. Maybe you have the armorer $20 bucks to pay him back for all the whiskey he had to drink to during his night of wingman duties.
The point is, don’t give the prosecution an inch and make them work for a living. You could be six months from retirement, with a great deal at stake. Even if you made a mistake, that does not mean accepting every allegation or the government’s view of the proper punishment.
You’ve given too much to the military to leave your defense to chance. If you are under investigation or facing bribery or graft charges under Articles 124a or 124b of the UCMJ, reach out to us and we’ll show you exactly what you are facing. We offer a free initial consultation to discuss the allegation, identify urgent issues, and assess whether we are the right firm for your case.
Just know that if you do retain us, we are going to fight like hell on your behalf. We’ll put together an aggressive defense. If a witness’s account does not hold up, we will take it apart on cross-examination. Too much is on the line to leave any of it to chance. A fight is coming your way whether you want one or not. Get us into that fight and we’ll show the prosecution that no easy win is to be found here. Get us into the fight and let’s protect your career, retirement, and your freedom.
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 |
|---|---|---|---|
| Bribery under Article 124a | 5 years | Category 2 | 1–36 |
| Graft under Article 124b | 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?
Contact Bilecki Law Group
Frequently Asked Questions About Articles 124a and 124b
What Is the Maximum Possible Punishment for Bribery or Graft?
Bribery under Article 124a carries a listed maximum of five years of confinement. Graft under Article 124b carries a listed maximum of three years. Both can also carry forfeiture of all pay and allowances and a dishonorable discharge; reduction to E-1 applies to enlisted personnel. The exact offense, applicable law and court-martial forum must be checked for your case.