Page 607 - Trump Executive Orders 2017-2021

10310 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

( 1) That one or more persons authorized to make searches and seizures were seizing, about to
seize, or endeavoring to seize certain property;
(2) That the accused destroyed, removed, or otherwise disposed of that property with intent to
prevent the seizure thereof; and
(3) That the accused then knew that person(s) authorized to make searches were seizing, about
to seize, or endeavoring to seize the property.
c. Explanation. See Mil. R. Evid. 316 concerning military personnel who may make seizures. It is
not a defense that a search or seizure was technically defective.
d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 5 years.
e. Sample spec~.fication.
In that (personal jurisdiction data), did, (at/on board-location) (subject
matter jurisdiction data, if required), on or about 20 _, with intent to prevent its seizure,
(destroy) (remove) (dispose of) property which, as then knew, (a)
person(s) authorized to make searches and seizures were (seizing) (about to seize) (endeavoring to
seize).

87. Article 131f (10 U.S.C. 931f}-Noncompliance with procedural rules
a. Text (lstatute.
Any person subject to this chapter who--
(1) is responsible for unnecessary delay in the disposition of any case of a
person accused of an offense under this chapter; or
(2) knowingly and intentionally fails to enforce or comply with any provision
of this chapter regulating the proceedings before, during, or after trial of an accused;
shall be punished as a court-martial may direct.
b. 1<-'lement.•;.
(1) Unnecessary delay in disposing of case.
(a) That the accused was charged with a certain duty in connection with the disposition of a
case of a person accused of an offense under the UCMJ;
(b) That the accused knew that the accused was charged with this duty;
(c) That delay occurred in the disposition of the case;
(d) That the accused was responsible for the delay; and
(e) That, under the circumstances, the delay was unnecessary.
(2) Knowingly and intentionally jed ling to enjorce or comply with provisions of the UCM.J.
(a) That the accused failed to enforce or comply with a certain provision of the UCMJ
regulating a proceeding before, during, or after a trial;
(b) That the accused had the duty of enforcing or complying with that provision of the
UCMJ;
(c) That the accused knew that the accused was charged with this duty; and
(d) That the accused's failure to enforce or comply with that provision was intentional.
c. Explanation.
(1) Unnecessaty delay in disposing of case. The purpose of section (1) of Article 13lfis to
ensure expeditious disposition of cases of persons accused of offenses under the UCMJ. A person
may be responsible for delay in the disposition of a case only when that person's duties require
action with respect to the disposition of that case.
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