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

d. Lesser included offense. Article 80—attempts.
e . M a x i m u m p u n i s h m e n t . D i s h o n o r a b l e d i s c h a r g e ,
forfeiture of all pay and allowances, and confinement
for 5 years.
f. Sample specifications.
(1) Giving false testimony.
I n t h a t ( p e r s o n a l j u r i s d i c t i o n d a t a ) ,
having taken a lawful (oath) (affirmation) in a (trial
b y c o u r t - m a r t i a l o f )
( t r i a l b y a c o u r t o f c o m p e t e n t j u r i s d i c t i o n , t o
w i t : o f ) ( d e p o s i t i o n
f o r u s e i n a t r i a l
b y o f ) ( )
that he/she would (testify) (depose) truly, did, (at/on
board—location) (subject-matter jurisdiction data, if
required), on or about 20 , willfully,
corruptly, and contrary to such (oath) (affirmat
i o n ) , ( t e s t i f y ) ( d e p o s e ) f a l s e l y i n s u b s t a n c e
t h a t , w h i c h ( t e s t i m o n y ) ( d e p o s i t i o n )
was upon a material matter and which he/she did not
then believe to be true.
(2) Subscribing false statement.
In that (personal jurisdiction data), did
(at/on board—location) (subject-matter jurisdiction
data, if required), on or about 20 ,
in a (judicial proceeding) (course of justice), and in
a ( d e c l a r a t i o n ) ( c e r t i f i c a t i o n ) ( v e r i f i c a t i o n ) ( s t a t e -
ment) under penalty of perjury pursuant to section
1746 of title 28, United States Code, willfully and
corruptly subscribed a false statement material to the
( i s s u e ) ( m a t t e r o f i n q u i r y ) , t o w i t : ,
which statement was false in that , and
which statement he/she did not then believe to be
true.
58. Article 132—Frauds against the United
States
a. Text of statute.
Any person subject to this chapter—
(1) who, knowing it to be false or fraudulent—
( a ) m a k e s a n y c l a i m a g a i n s t t h e U n i t e d
States or any officer thereof; or
(b) presents to any person in the civil or military
service thereof, for approval or payment,
any claim against the United States or any officer
thereof;
(2) who, for the purpose of obtaining the ap-
58.b.(2)(c)
p r o v a l , a l l o w a n c e , o r p a y m e n t o f a n y c l a i m
against the United States or any officer thereof—
(a) makes or uses any writing or other paper
k n o w i n g i t t o c o n t a i n a n y f a l s e o r f r a u d u l e n t
statements;
(b) makes any oath to any fact or to any
writing or other paper knowing the oath to be
false; or
(c) forges or counterfeits any signature upon
any writing or other paper, or uses any such
s i g n a t u r e k n o w i n g i t t o b e f o r g e d o r
counterfeited;
(3) who, having charge, possession, custody, or
control of any money, or other property of the
U n i t e d S t a t e s , f u r n i s h e d o r i n t e n d e d f o r t h e
armed forces thereof, knowingly delivers to any
person having authority to receive it, any amount
thereof less than that for which he receives a
certificate or receipt; or
(4) who, being authorized to make or deliver
any paper certifying the receipt of any property
of the United States furnished or intended for the
armed forces thereof, makes or delivers to any
person such writing without having full knowledge
of the truth of the statements therein cont
a i n e d a n d w i t h i n t e n t t o d e f r a u d t h e U n i t e d
States; shall, upon conviction, be punished as a
court-martial may direct.
b. Elements.
(1) Making a false or fraudulent claim.
( a ) T h a t t h e a c c u s e d m a d e a c e r t a i n c l a i m
against the United States or an officer thereof;
(b) That the claim was false or fraudulent in
certain particulars; and
(c) That the accused then knew that the claim
was false or fraudulent in these particulars.
(2) Presenting for approval or payment a false or
fraudulent claim.
(a) That the accused presented for approval or
payment to a certain person in the civil or military
service of the United States having authority to approve
or pay it a certain claim against the United
States or an officer thereof;
(b) That the claim was false or fraudulent in
certain particulars; and
(c) That the accused then knew that the claim
was false or fraudulent in these particulars.
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