Legal Opinion · Concurrence

United States v. Johnson

Army Court of Criminal Appeals

Decided February 5, 1997No. ARMY 9501924Published

1ConcurrenceJohnston, Judge

I write separately to emphasize that the usual process of making a fraudulent credit card purchase, and the telephonic or self-service variants now commonplace in the marketplace, may complicate the legal analysis used to determine whether a writing has been “falsely made” or “uttered” in violation of Article 123, UCMJ.

Part of this case involves four fraudulent credit card transactions. In each of these incidents, the appellant presented the credit card to a clerk, the clerk “swiped” the card through a card reader connected to a centralized billing computer, the event was given a *611transaction…

2Cases cited9 opinions

  1. United States v. StrandUnited States Court of Military Appeals · 1955
  2. United States v. FarleyUnited States Court of Military Appeals · 1960
  3. United States v. ThomasUnited States Court of Military Appeals · 1988
  4. United States v. AlbrechtCourt of Appeals for the Armed Forces · 1995
  5. United States v. HopwoodUnited States Court of Military Appeals · 1990

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