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

58.b.(3)
( 3 ) M a k i n g o r u s i n g a f a l s e w r i t i n g o r o t h e r
paper in connection with claims.
(a) That the accused made or used a certain
writing or other paper;
(b) That certain material statements in the writing
or other paper were false or fraudulent;
(c) That the accused then knew the statements
were false or fraudulent; and
(d) That the act of the accused was for the
p u r p o s e o f o b t a i n i n g t h e a p p r o v a l , a l l o w a n c e , o r
payment of a certain claim or claims against the
United States or an officer thereof.
(4) False oath in connection with claims.
(a) That the accused made an oath to a certain
fact or to a certain writing or other paper;
( b ) T h a t t h e o a t h w a s f a l s e i n c e r t a i n
particulars;
(c) That the accused then knew it was false;
and
(d) That the act was for the purpose of obtaining
the approval, allowance, or payment of a certain
claim or claims against the United States or an officer
thereof.
( 5 ) F o r g e r y o f s i g n a t u r e i n c o n n e c t i o n w i t h
claims.
(a) That the accused forged or counterfeited the
signature of a certain person on a certain writing or
other paper; and
(b) That the act was for the purpose of obtaining
the approval, allowance, or payment of a certain
claim against the United States or an officer thereof.
( 6 ) U s i n g f o r g e d s i g n a t u r e i n c o n n e c t i o n w i t h
claims.
(a) That the accused used the forged or counterfeited
signature of a certain person;
(b) That the accused then knew that the signature
was forged or counterfeited; and
(c) That the act was for the purpose of obtaining
the approval, allowance, or payment of a certain
claim against the United States or an officer thereof.
(7) Delivering less than amount called for by receipt.
(a) That the accused had charge, possession,
custody, or control of certain money or property of
t h e 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;
(b) That the accused obtained a certificate or
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r e c e i p t f o r a c e r t a i n a m o u n t o r q u a n t i t y o f t h a t
money or property;
(c) That for the certificate or receipt the accused
knowingly delivered to a certain person having
authority to receive it an amount or quantity of
money or property less than the amount or quantity
thereof specified in the certificate or receipt; and
( d ) T h a t t h e u n d e l i v e r e d m o n e y o r p r o p e r t y
was of a certain value.
(8) Making or delivering receipt without having
full knowledge that it is true.
(a) That the accused was authorized to make or
deliver a paper certifying the receipt from a certain
person of certain property of the United States furnished
or intended for the armed forces thereof;
(b) That the accused made or delivered to that
person a certificate or receipt;
(c) That the accused made or delivered the certificate
without having full knowledge of the truth of
a certain material statement or statements therein;
(d) That the act was done with intent to defraud
the United States; and
( e ) T h a t t h e p r o p e r t y c e r t i f i e d a s b e i n g r e -
ceived was of a certain value.
c. Explanation.
(1) Making a false or fraudulent claim.
(a) Claim. A “claim” is a demand for a transfer
of ownership of money or property and does not
include requisitions for the mere use of property.
This article applies only to claims against the United
States or any officer thereof as such, and not to
claims against an officer of the United States in that
officer’s private capacity.
(b) Making a claim. Making a claim is a distinct
act from presenting it. A claim may be made in
one place and presented in another. The mere writing
of a paper in the form of a claim, without any
further act to cause the paper to become a demand
against the United States or an officer thereof, does
not constitute making a claim. However, any act
p l a c i n g t h e c l a i m i n o f f i c i a l c h a n n e l s c o n s t i t u t e s
making a claim, even if that act does not amount to
presenting a claim. It is not necessary that the claim
be allowed or paid or that it be made by the person
to be benefited by the allowance or payment. See
also subparagraph (2), below.
(c) Knowledge. The claim must be made with
knowledge of its fictitious or dishonest character.