2008 edition - Fort Sam Houston - U.S. Army

48.f.(1)
(1) Forgery—making or altering.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
about 20 , with intent to defraud,
f a l s e l y [ m a k e ( i n i t s e n t i r e t y ) ( t h e s i g n a t u r e
of as an indorsement to) (the signature
of to)
( ) a c e r t a i n ( c h e c k ) ( w r i t i n g )
( ) in the following words and figures, to
wit: ] [alter a certain (check) (writing)
( ) in the following words and figures, to
w i t : , b y ( a d d i n g t h e r e t o )
( ) ] , w h i c h s a i d ( c h e c k ) ( w r i t i n g )
( ) w o u l d , i f g e n u i n e , a p p a r e n t l y
operate to the legal harm of another[*and which-
(could be) (was) used to the legal harm
of , in that ].
[*Note: This allegation should be used when the
document specified is not one which by its nature
w o u l d c l e a r l y o p e r a t e t o t h e l e g a l p r e j u d i c e o f
another—for example, an insurance application. The
manner in which the document could be or was used
to prejudice the legal rights of another should be
alleged in the last blank.]
(2) Forgery—uttering.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
about 20 , with intent to defraud,
( u t t e r ) ( o f f e r ) ( i s s u e ) ( t r a n s f e r ) a c e r t a i n ( c h e c k )
(writing) ( ) in the following words and
figures, to wit: , a writing which would,
if genuine, apparently operate to the legal harm of
a n o t h e r , ( w h i c h s a i d ( c h e c k ) ( w r i t i n g )
( ) ) ( t h e s i g n a t u r e t o w h i c h s a i d
(check) (writing) ( ))
( ) was, as he/she, the said ,
t h e n w e l l k n e w , f a l s e l y ( m a d e ) ( a l t e r e d ) ( * a n d
w h i c h ( c o u l d b e ) ( w a s ) u s e d t o t h e
l e g a l h a r m o f , i n
that ). [*Note: See the note following
(1), above]
49. Article 123a—Making, drawing, or
uttering check, draft, or order without
sufficient funds
a. Text of statute.
Any person subject to this chapter who—
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(1) for the procurement of any article or thing
of value, with intent to defraud; or
(2) for the payment of any past due obligation,
or for any other purpose, with intent to deceive;
m a k e s , d r a w s , u t t e r s , o r d e l i v e r s a n y c h e c k ,
draft, or order for the payment of money upon
any bank or other depository, knowing at the
time that the maker or drawer has not or will not
have sufficient funds in, or credit with, the bank
or other depository for the payment of that check,
draft, or order in full upon its presentment,
shall be punished as a court-martial may direct.
The making, drawing, uttering, or delivering by a
maker or drawer of a check, draft, or order,
payment of which is refused by the drawee bec
a u s e o f i n s u f f i c i e n t f u n d s o f t h e m a k e r o r
drawer in the drawee’s possession or control, is
prima facie evidence of his intent to defraud or
deceive and of his knowledge of insufficient funds
in, or credit with, that bank or other depository,
unless the maker or drawer pays the holder the
amount due within five days after receiving notice,
orally or in writing, that the check, draft, or
order was not paid on presentment. In this section,
the word “credit” means an arrangement or
understanding, express or implied, with the bank
or other depository for the payment of that check,
draft, or order.
b. Elements.
(1) For the procurement of any article or thing of
value, with intent to defraud.
(a) That the accused made, drew, uttered, or
delivered a check, draft, or order for the payment of
money payable to a named person or organization;
(b) That the accused did so for the purpose of
procuring an article or thing of value;
(c) That the act was committed with intent to
defraud; and
(d) That at the time of making, drawing, uttering,
or delivery of the instrument the accused knew
that the accused or the maker or drawer had not or
would not have sufficient funds in, or credit with,
the bank or other depository for the payment thereof
upon presentment.
(2) For the payment of any past due obligation,
or for any other purpose, with intent to deceive.
(a) That the accused made, drew, uttered, or
delivered a check, draft, or order for the payment of
money payable to a named person or organization;